Terms and Conditions for the use of online services provided by Harmonic Vision, Inc.
Harmonic Vision, Inc. is located at 310 Robin Pkwy, Madison WI 53705. This agreement is between Harmonic Vision, Inc. and the Licensee as defined below.
Section 1: Definitions
- "Company" means Harmonic Vision, Inc.
- "Website" means the website located at harmonicvision.com and all its subdomains such as teacher.harmonicvision.com, student.harmonicvision.com, etc.
- "Service" means the educational content on the Website and its delivery to users via the Website.
- "License" means a non-exclusive, non-transferable license for Licensee and its employeesto use the Service only for the number of teachers and students specified in the purchase documentation. Also, the license for the Service is limited to the time period specified in the purchase documentation.
- "Licensee" means the person or entity who has purchased a subscription to the Service.
- "User" means a person who is using the Service whether in the role of a student,teacher, administrator or a Licensee. This includes individuals using the software in a home or non-school setting.
- "Personal License" means a License purchased for use by an individual or a group of individuals that reside in the same household.
- "Site License" means a License purchased for use by Kindergarten throughGrade 12 school located in a physical building that may include a small campus of peripheral adjacent buildings.
- "District License" means a License purchased for use by a collection of schoolsthat are within the same local school district, under the same district administration.
- "Studio License" means a License purchased for use by an independent teacher orsmall business that teaches between 2 and 100 students.
- "Account Login" means a set of information typically including single user name,password, email address and user settings that are used to gain access to the service. There is a one-to-one correspondence between Users and Account Logins.
- "Teacher" means a User who has access to other users' data. This includesuser names, email addresses, lesson and game progress and lesson and game options.
Section 2: Acceptance
Continued use of this Service constitutes the Licensee's agreeing to abide by the terms of this agreement.
Section 3: Grant of License
- Initial Grant - Effective upon Company's and Licensee's acceptance of this Agreement and receipt of the full amount of the Fee,Company grants Licensee a non-exclusive, non-transferable License to use the Service. Also, the Licensee may create additional accounts students and teachers up to the number specified in the purchase documentation.
- A Personal License is intended for use by the members of a single household.Accounts in addition to the Licensee's account must all be residents of the Licensee's household.
- A Site License is intended for use by teachers and students in a single, physical school.All accounts in addition to the Licensee must be employees or students of the licensed school.
- A District License is intended for use by teachers and students in multiple schools located in the same district.All accounts in addition to the Licensee must be employees or students of schools in the licensed district.
- For access by colleges, universities, virtual schools or entities other than those already discussed above, please contact Harmonic Vision.
- As the Service is available over the Internet, Users may access the Service outside the location of theschool, studio or household to which the license applies. However, as stated above, they must be current members of that school, studio or household.
Section 4: Prohibitions
- Licensee and Users may not register or login with fake or temporary email addresses or email addresses that do not belong to them.
- Licensee and Teachers may not add accounts for students or persons that not members of the licensed school, studio or household.
- Each Account Login is to be used by one User only and not shared. Each User is responsible for protecting his or her login password.
- Users may not login as another User. Users may not allow others to login with their account.
- Licensee or other Users may not transfer their account(s) to anyone outside the licensed school, studio or household.
- Licensee or other Users may not rent, lease, resell or sub-license access to the Service.
- The student and teacher accounts are intended for Users who will use the Service for aperiod of time of at least a semester. (Typically, students will have an account for a full year or multiple years.) Licensee will not attempt to circumvent the licensed student count by frequently removing student lists and adding new students. To accommodate typical semester changes, the total number of new student and teacher accounts permitted per year is 5 times the licensed teacher and student count. For example, if the license supports 100 students, there can be at most 100 student accounts at any time, but up to 500 new accounts of the course of a year. The assumption here is that the list of students could be removed and replaced with a new list between semesters.
- If a password is compromised, the User of the compromised account has responsibility to change the password or alert the Licensee to prevent shared use.
- Users may not attempt to build email address lists or user name lists by "scraping" data from the Service or using it in any way other than normal operation.The Licensee or Teachers who have access to student data may only use it for the educational purposes related to the teaching of music. The Licensee and Teacher Users may not share data with entities outside the educational institution other than parents or guardians of the specific students or the students themselves.
- Users may not reverse-engineer, decompile, "unlock" or tampered with the Service in any way.Users may not attempt to "hack" the Service or prevent normal operation of the Service. Users may not attempt to alter data other than by normal use of the Service.
Section 5: Modifications
- Company reserves the right to make reasonable changes to this agreement.
- Company may add or modify educational content at any time.
Section 6: Consideration
Company reserves the right to disable accounts for Licensees and Users for non-payment.
Section 7: Warranty
- Company warrants the Service will be materially free from major defects for the duration of the License,or if major defects are found and reported, they will be fixed within 30 days.
- Licensee understands that up-to-date computer hardware and a reasonably fast Internet connection are required to access the Service.Licensee can access the demo of the teaching content to determine whether their computer infrastructure is compatible with the Service.
- Disclaimer: Some sections of the Service may be marked "under construction" or "coming soon".These will be completed and made available as quickly as possible with the understanding that some items have higher priority than others and lower priority items may be delayed.
- Disclaimer: Company does not warrant that this software will meet Licensee’s requirements or that its operation will be uninterrupted or error-free.Company excludes and expressly disclaims all express and implied warranties not stated herein, including the implied warranties of merchantability and fitness for a particular purpose.
Section 8: LIMITATION OF LIABILITY
Company’s liability to Licensee for any losses shall be limited to direct damages,and shall not exceed the amount of the license fees paid by Licensee to Company hereunder. In no event will Company be liable to Licensee for any indirect, special, incidental, or consequential damages (including loss of profits) even if Company has been advised of the possibility of such damages.