Subscriber’s access to and use of PASCO eBook(s) (“eBook(s)”) on PASCO scientific’s (hereafter referred to as “PASCO”) teacher.pasco.com and/or student.pasco.com is subject to the terms and conditions of the agreement (“Agreement”) below:

DEFINITIONS:

eBook - an electronic version of Essential Chemistry or Essential Physics that can be read on a computer or handheld device designed specifically for this purpose.

Subscriber – Private Person(s)/Entities, Student(s), Teacher(s), School(s) and/or District that receives access as defined by the purchase agreement.

Adoption Cycle – Period of eBook access for the School or District as defined by the purchase agreement.

1. LICENSE

  1. Grant. PASCO hereby grants Subscriber a non-transferable, revocable, limited license to access online the eBook(s) via https://teacher.pasco.com & https://student.pasco.com. The eBook(s) consists of Essential Physics and/or Essential Chemistry with licensed Content on select topics. Subscriber is licensed to use content made available to Subscriber in the eBook(s) (“Content”) solely in the regular course of student education and district/school business. If PASCO loses the right to offer any eBook Content, discontinues the Software, or is otherwise unable to offer eBook Content, PASCO may terminate Subscriber’s access to the eBook(s). At PASCO’s sole discretion and using commercially reasonable practices, PASCO may provide the Content in another media format. PASCO, at its sole discretion may update Subscriber to a more recent version of the eBook(s) if necessary to maintain access. PASCO hereby grants school and/or district, a non-exclusive and non-transferable license to view, use and display the Licensed Material on the following terms and conditions only:
    1. School and/or District acknowledges that the Licensed Material is being licensed to the school and/or district and use is subject to the terms and conditions of this Agreement.
    2. The Licensed Material is for educational use only.
    3. School and/or District may use the Licensed Material only on the number of devices permitted by the license terms set forth in the purchase agreement.
    4. School and/or District agrees that all terms of this Agreement also apply to any materials in print format (bound textbooks) that may be included with this license.
  2. Updates. Online (browser based) access will be available from the start date of the adoption cycle. The start date of the adoption cycle is established in the purchase agreement. Licenses for eBooks include continuing access to the most current version of each edition of the eBook available during the term of Subscriber’s license.
  3. Permitted Use Subscriber may: (i) use, browse, and search the Content; (ii) quote and excerpt from the Content by electronic cutting and pasting or other means into Subscriber’s work product created in the regular course of its work (“Work Product”); (iii) print and make copies of insubstantial portions of the Content (“Copied Content”) for distribution to students and/or third parties for educational purposes only.
  4. Limitations. Subscriber may not copy, download, print, scrape, store, publish, transmit, retransmit, transfer, distribute, disseminate, broadcast, circulate, sell, resell or otherwise use the Content, or any portion of the Content, in any form or by any means, except (i) as expressly permitted by this Agreement, (ii) with PASCO’s prior written permission, or (iii) as permitted under the Fair use provision of the Copyright Act (17 U.S.C.A. § 107). Content shall not be stored or used in an archival database or other searchable database except as expressly permitted by this Agreement or as quoted in Subscriber’s Work Product. Except as otherwise permitted in this Agreement, Subscriber shall not sell, license, sublicense or distribute Content (including printouts) to third parties or use Content as a component of, or as a basis for, any material offered for sale, license or distribution. License code(s) shall be used only by the Subscriber; sharing of license code(s) is STRICTLY PROHIBITED.
  5. Rights in Content. Except for the license granted in this Agreement, all rights, title and interest in Content, in all languages, formats and media throughout the world, including all copyrights, are, and will continue to be, the exclusive property of PASCO.

2. TECHNICAL REQUIREMENTS

Internet access is required to access the eBook online. PASCO recognizes that internet browser and LMS technologies may change due to technical advances, business considerations, and other factors. PASCO will work to ensure that the customer's content is available in future formats to the extent of what is within PASCO’s control. PASCO will not be responsible for technological changes, acts of God and other events outside its control that make it impossible for you to access your Licensed Materials temporarily or permanently.

3. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

EBOOKS AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. PASCO SHALL HAVE NO LIABILITY WHATSOEVER TO SUBSCRIBER FOR ANY CLAIM(S) RELATING IN ANY WAY TO THIS AGREEMENT OR THEIR PERFORMANCE HEREUNDER, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT OR NEGLIGENCE. IN NO EVENT SHALL PASCO BE LIABLE TO SUBSCRIBER FOR ANY CLAIM(S) RELATING TO SUBSCRIBER'S INABILITY OR FAILURE TO PERFORM RELATED WORK NOR SHALL PASCO BE LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. GENERAL

Subscriber shall be responsible for all access to and use of eBooks by means of Subscriber’s equipment or Subscriber’s license code. This Agreement represents the entire agreement between PASCO and/or School/District and supersedes any prior Agreements, oral or written, and any other communication between us relating to the subject matter of this Agreement. This Agreement will be governed and construed as if wholly entered into and performed within the State of California. School/District acknowledges that they agree to be bound by its terms and conditions.