Preview Subscription to Online Materials

This is a summary of the Preview Subscription to Online Materials offered by Zaner-Bloser, Inc. (“Zaner-Bloser” or “ZB”), an Ohio corporation, whose address is 1201 Dublin Road, Columbus, Ohio 43215-1026, to prospective customers for evaluation purposes only (followed by its full text).

What is a Preview Subscription? This is the contract that permits you access for a limited period of time to certain online instructional resources on the For Our Teachers section of Zaner-Bloser’s website. You, as an individual and on behalf of your school, agree to its terms by logging into or browsing the site.

How does my school receive permission to access the For Our Teachers section of the Rowland Reading website for evaluation purposes? Zaner-Bloser sends a school or school district a set of log in credentials that may only be shared among the faculty, or staff officially affiliated with that school or school district.

How may we use Online Materials? The Online Materials are labeled with icons that designate how different kinds of Online Materials may be used.

Display
means that you are limited to displaying the material on your classroom computer or whiteboard.

Print and copy
means that you may print and copy the material, but you may only distribute copies to your current students or their parents for an educational purpose.

Save
means that you may save, print, and copy the material, but you may only distribute the material to your current students or their parents for an educational purpose.

Other than these permitted uses, you may not copy, modify, distribute, save, publish, or retransmit the Online Materials, in whole or in part.

What information is collected under the Preview Subscription? The Online Materials available under the Preview Subscription do not permit the acquisition of any personally identifiable information of students or children under the age of 13. ZB follows the terms of its Privacy Policy with respect to teachers’ information.

Preview Subscription (full text)

  1. Online Materials. The Online Materials are available in the For Our Teachers section of Zaner-Bloser’s website accessed at www.superkidsreading.org. The Online Materials are protected by copyright and other applicable laws. Any use of these materials except as authorized under the Preview Subscription or copyright law is prohibited. ZB reserves all rights not expressly granted in the Preview Subscription.
    1. Preview Subscriber. A Preview Subscriber is the legal entity that has access to the Online Materials. A Preview Subscriber may be a school district, or a school.
    2. Authorized Users. Authorized Users must be employees, faculty, or staff officially affiliated with the Preview Subscriber. An Authorized User may not share log in credentials with anyone except someone who is officially affiliated with the Preview Subscriber.
    3. Unauthorized Sharing of Log in Credentials. If ZB suspects that an unauthorized person is aware of the Preview Subscriber’s log in credentials, ZB may in its sole discretion immediately terminate the Preview Subscriber's access to Online Materials. The Preview Subscriber is liable for all unauthorized uses of Online Materials resulting by sharing log in credentials with someone other than Authorized Users.

  2. Preview Subscription License Grant. ZB grants Subscriber a non-exclusive, non-transferable, revocable, limited term license to use the Online Materials by Authorized Users at Preview Subscriber’s location(s) for the sole purpose of evaluating as a prospective customer.
    1. Limited Rights. There are three kinds of Online Materials:
      1. Online Material labeled “D” may only be displayed by an Authorized User on a classroom computer or whiteboard.
      2. Online Material labeled “P/C” may be printed and copied, but the copies may only be distributed by an Authorized User to current students or their parents for an educational purpose.
      3. Online Material labeled “S” may be saved, printed, and copied, but the material may only be distributed by an Authorized User to current students or their parents for an educational purpose.
    2. Further Restrictions. Online Materials (or any portion of them) may not otherwise be copied, modified, published, transmitted, transferred, or used for any commercial purpose. ZB reserves all rights not explicitly granted in this license.
    3. Copyright and Trademark Notices. Copyright and trademark notices on Online Materials must be maintained and may not be modified or altered in any way.
    4. No Circumvention. Preview Subscriber may not circumvent, disable, or otherwise interfere with security-related features of ZB’s website or features that prevent or restrict use, copying, or distribution of the Online Materials.
    5. ZB Remedy for Breach. If ZB becomes aware of Preview Subscriber’s breach of this Section 2, it may without notice to restrict or terminate Preview Subscriber’s access to Online Materials.
    6. Limited Preview Period. The Preview Subscription becomes effective when Preview Subscriber logs in or browses the Online Materials. ZB in its sole discretion sets the preview time period and may without notice terminate it.

  3. Support at ZB’s Discretion Only. ZB may in its sole discretion offer support to Authorized Users of the Preview Subscriber during regular business hours (CST), but is under no obligation to offer such support.

  4. No Warranty. ZB STRIVES TO MAINTAIN UPDATED AND ACCURATE ONLINE MATERIALS ON ITS WEBSITE. HOWEVER, ALL MATERIAL IS PRESENTED ‘AS IS’ WITHOUT WARRANTY OF ANY KIND. ZB DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY IN CONNECTION WITH ZB’S TEACHER PORTAL, FOR OUR TEACHERS, AND ITS CONTENT.

  5. Limitation of Liability. NEITHER ZB NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING CONTENT IN ZB’S TEACHER PORTAL, FOR OUR TEACHERS, IS LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO USE OR INABILITY TO USE ZB’S TEACHER PORTAL, FOR OUR TEACHERS, OR ANY ERRORS OR OMISSIONS IN CONTENT. THIS LIMITATION APPLIES TO DAMAGES BY ANY VIRUS OR HARMFUL COMPONENT THAT MAY INFECT COMPUTER EQUIPMENT, SYSTEM, OR LOSS OF DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. ZB’S LIABILITY IN SUCH JURISDICTIONS IS LIMITED TO THE EXTENT PERMITTED BY LAW.

  6. General.
    1. ZB’s failure to exercise or enforce any right or provision of the Preview Subscription does not constitute a waiver of such right or provision. If any provision of the Preview Subscription is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Preview Subscription will remain in full force and effect.
    2. No provision of this Preview Subscription will be deemed waived and no breach consented to unless it is in writing and signed by the parties agreeing to a waiver or consent.
    3. If there is any inconsistency between the summary and the full text of the Preview Subscription, the full text of the Preview Subscription governs.
    4. ZB reserves the right to change the terms of the Preview Subscription from time to time. Please refer to this Preview Subscription periodically for any changes.
    5. The Preview Subscription may not be assigned by the Preview Subscriber to any other person, firm, corporation, or other entities (by operation of law or otherwise) without ZB’s prior written consent. Any attempt to assign without consent is void and is a material breach of the Agreement.

This Preview Subscription shall be subject to, interpreted and construed in accordance with federal law and the laws of the State of Ohio without regard to its conflicts of law principles. Any controversy or claim arising out of or relating to this Agreement or any breach thereof shall be brought only in the Court of Common Pleas of Franklin County, Ohio, or in the United States District Court for the Southern District of Ohio. Each party hereby submits to the personal jurisdiction of such court for such purpose and waives any objection to venue in such court.

Revised May, 2015.