Last updated on August 1, 2015
PowerSchool Group LLC ("PowerSchool") created and maintains this website, including all related websites, and other websites added from time to time ("Portal") to provide a repository where customers and PowerSchool partners ("You" or "Your") may obtain information about and access to software programs and other materials made available by PowerSchool. Such information about and access to software programs and other materials might include, but are not limited to: articles, information, data, code, text, PowerSchool software, related documentation, PowerSchool software updates and fixes, documentation and product specification, application program interface specifications, concepts, designs, programming techniques and programming concepts, flow charts, graphics, images, training and other services as well as marketing material around PowerSchool products and services (collectively "Materials").
In order to access the Portal and Materials, You must be a current customer of PowerSchool or its affiliates?in other words, You must have active valid license and/or services and/or partnership agreement with PowerSchool or an authorized partner ("Customer Agreement").
PowerSchool may offer a variety of software products for download or services for purchase through this Portal. Your rights and obligations with respect to such products and services, including any updates, enhancements or new features, are governed by the terms of the Customer Agreement.
USE OF THE PORTAL
General. You are authorized to download one copy of the Material on one computer for Your personal, non-commercial use only, and solely to support Your authorized use of the PowerSchool products and services, for which You have a current Customer Agreement. In doing so, You may not remove or in any way alter any trademark, copyright, or other proprietary notice. Except as allowed in the preceding sentence, You may not modify, copy, distribute, republish, commercially exploit, or upload any of the Material on the Portal without the prior written consent of PowerSchool. No intellectual property or other rights in and to this Portal or its contents, other than the limited right to use set forth above, are transferred to You.
Software. Any software that is made available to download from the Portal ("Software") is the copyrighted work of PowerSchool and/or its suppliers. Use of the Software is governed by the terms of the Customer Agreement. Any use, reproduction or redistribution of the Software not in accordance with such Customer Agreement is expressly prohibited by law, and may result in civil or criminal penalties.
Documents. Permission to use documents, such as help topics, white papers, datasheets and FAQs (collectively, "Documents"), that are made available on the Portal is granted, provided that (a) You do not remove or obfuscate any copyright notice, (b) the copyright notice must appear in all copies, together with the content of this permission notice, (c) use of the Documents is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (d) no modifications of the Documents are made. Use for any other purpose is expressly prohibited.
Acceptable Use Policy. You hereby represent and warrant that You will not to use the Portal to:
- publish, upload, post, email, transmit or otherwise make available any content that (a) You do not have the right to make available (b) is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (c) infringes any intellectual property rights of any party, (d) includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of solicitation, commercial or otherwise, or (e) contains a software virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property;
- defame, harass, abuse, stalk, threaten or violate the legal rights of others such as rights of privacy and publicity;
- impersonate any person or entity, including, but not limited to, a PowerSchool official, PowerSchool employee, or any other third party, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- forge email headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Portal;
- interfere with or disrupt the Portal, servers, or networks which support the Portal, or disobey any requirements, procedures, policies or regulations of networks connected to the Portal;
- violate any applicable local, state, national or international law and any regulations;
- harvest, collect, or store personal information or data of other users.
ACCOUNT, PASSWORD AND SECURITY
If any part of the Portal requires You to open an account, You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You will also be required to choose a password and a user name. You are entirely responsible for maintaining the confidentiality of Your password and account and for any and all activities that occur under Your account. You agree to notify PowerSchool immediately of any unauthorized use of Your account or any other breach of security. PowerSchool will not be liable for any losses You incur as a result of someone else using Your password or account, either with or without Your knowledge. You may not use anyone else'ss account at any time, without the permission of the account holder.
Except for information in web sites controlled by third parties that are accessible via hyperlinks from the Portal, the Materials contained in the Portal is the confidential proprietary information of PowerSchool. You may not use, disclose, reproduce, transmit, or otherwise copy in any form or by any means the Materials contained in the Portal for any purpose, other than to support Your authorized use of the PowerSchool products and services, for which You have a current contract, without the prior written permission of PowerSchool.
WARRANTIES AND DISCLAIMERS
THE PORTAL AND INFORMATION CONTAINED IN THE PORTAL, INCLUDING WITHOUT LIMITATION THE DOCUMENTS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTY. POWERSCHOOL DOES NOT WARRANT THAT THE INFORMATION IN THE PORTAL IS UP TO DATE OR ERROR-FREE, NOR DOES IT PROVIDE ANY OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED IN LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON INFRIMGEMENT. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS, AND OTHER MATERIAL ON THIS PORTAL OR ANY WEB SITE WITH WHICH IT IS LINKED.
THE SOFTWARE AND SERVICES POWERSCHOOL PROVIDES ARE WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE CUSTOMER AGREEMENT. POWERSCHOOL?S RESPONSES TO SERVICE REQUESTS AND ANY SOFTWARE UPDATES DISTRIBUTED THROUGH THE PORTAL ARE SUBJECT TO THE RELEVANT WARRANTIES AND EXCLUSIVE REMEDIES STATED IN THE CUSTOMER AGREEMENT.
FOR YOUR CONVENIENCE, POWERSCHOOL MAY MAKE AVAILABLE THROUGH THE PORTAL TOOLS OR UTILITIES FOR USE AND/OR DOWNLOAD. POWERSCHOOL DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM USE OF ANY SUCH TOOLS OR UTILITIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POWERSCHOOL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE PORTAL OR ANY OTHER HYPERLINKED WEB SITE.
INTELLECTUAL PROPERTY RIGHTS
The Materials may be subject to export control restrictions, and You agree to comply with all applicable export control restrictions. You may not access, download, use, or export the Materials in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and not to directly or indirectly provide or otherwise make available the Materials in violation of any these laws or regulations, or without all necessary approvals.