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EquationPlotter, LLC.
Subscription and End-User License Agreement

Please print and keep a copy of this Agreement. If you do not agree to abide by the terms and conditions of this Agreement, please do not become a Subscriber of the EquationPlotter website. Use of the website constitutes acceptance of this agreement.

The Website

EquationPlotter offers an on-line, World Wide Web-based subscription website. This document will refer to this site as "the website".

Ownership of the Information, Materials and Software of the Website

You expressly acknowledge and agree that the website contains information, text, software, graphics, animation,  and other material (called "Materials") that are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights (called "Intellectual Property Rights"), that these Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later, and that all right, title and interest in and to these Materials, including but not limited to all Intellectual Property Rights, belong solely and exclusively to EquationPlotter or its licensors.

The Archives area is provided on the website for users to post and exchange ideas and information. The views and opinions expressed therein do not necessarily reflect those of EquationPlotter or its content providers or licensors. You hereby represent and warrant that you have all necessary rights in and to any materials you post on the site, and that such material will not infringe on any personal or proprietary rights of any third parties. Further, you authorize EquationPlotter to use and/or authorize others to use your postings in any manner, format or medium.

Website Subscribers may use, display, reformat, download, print and reproduce Materials obtained through the website solely for their own personal, non-commercial, educational purposes.

Individual Subscriptions The license granted herein is for single user access to resources within the site. One User ID and Password is created upon registration for the subscriber's use; this User ID/Password may not be shared.

You agree not to reproduce, use, transmit, publish, broadcast, or otherwise disseminate or distribute Materials with the intention to sell, to anyone, including but not limited to others in the same company, school, college or other organization, whether or not for a charge or other consideration, including but not limited to use in connection with the sale, retransmission, distribution, publication, broadcasting, circulation or other dissemination, for any purpose, whether commercial or otherwise, without the express prior written permission of EquationPlotter.

If you wish to request permission to reproduce Materials from the website for other than the specifically authorized educational purpose, or if you have any questions about the proper way to include such notices, contact EquationPlotter.

This Agreement and Changes to It

In addition to being a part of the subscription form, this Agreement resides on-line at the website under the License Agreement link so that you may reference it at any time.

EquationPlotter may change any of the terms in this Subscription and End-User License Agreement at any time. Changes will become effective when EquationPlotter posts the modified Agreement on the website. You should check this agreement periodically. A "last updated" sign will always be found at the end of the agreement. If you do not agree to the changes, you may cancel your subscription to the website by contacting EquationPlotter. Continued use of this website by you or any other subscriber under your license constitutes acceptance of the terms of the modified Agreement.

This Agreement is the entire agreement between EquationPlotter and you with respect to the website. If any part of this Agreement is invalid, the rest of this Agreement will remain in effect. If EquationPlotter waives or fails to enforce any term or condition of this Agreement on any one or more occasions, whether by conduct or otherwise, its waiver or failure to enforce will not mean that it must waive or cannot enforce such term or condition on any other occasion, or any other term or condition of this Agreement. The meaning of this Agreement cannot be changed by your or EquationPlotter’s conduct, even if repeated, or by any custom or practice of others engaged in the same or similar businesses.

Changes to Website

EquationPlotter may change or discontinue any portion, feature or content of the website at any time with or without notice to you. Likewise, EquationPlotter may at any time, with or without notice to you, restrict the use and accessibility of the website as well as limit the duration and amount of use made of the website.

Subscription Rate, Other Charges, and Payment

EquationPlotter may change the Subscription Rates it charges for use of the website or add new Subscription Rates for parts of the website that were previously free at any time. Such changes shall be effective immediately with respect to new subscriptions and renewals.

Credit card transactions are required for online purchase of website subscriptions.

Your Other Responsibilities Concerning Subscription to the Website

By subscribing to the website under this Agreement, you certify to EquationPlotter that:

- the information you have provided to EquationPlotter in order to register as a Subscriber is complete, accurate and current. Also, EquationPlotter reserves the right to delete accounts with passwords deemed offensive.

- that you will not share your User ID(s) and Password(s) except as expressly authorized under the terms of your license.

- If any of these certifications is or becomes untrue, or if you do not comply in full with these requirements, EquationPlotter has the right to suspend and/or terminate your subscription to the website.

- You are responsible for complying with all terms and conditions of this Agreement, as modified from time to time, and with any other rules and regulations of which EquationPlotter gives you notice. You are also responsible for obtaining and using all computer hardware and software required for your access to and use of the website and for any charges incurred for your own access to the website through an Internet access provider or other third party website.

- You are responsible for all uses of the website through your User ID(s) and Password(s), whether the use is made by you personally or by someone else. You are responsible for protecting and securing your User ID(s) and Password(s) from unauthorized use and disclosure. In the event that you become aware of or believe there has been any breach of the website, such as the theft or unauthorized use of your User ID(s) and Password(s), you will notify EquationPlotter immediately.

Termination of Subscription or Access

If for any reason within the first 15 days of making an online purchase of a subscription you are dissatisfied with the Website, you can request a full refund, whereupon your Subscription and this license will terminate.

This license will terminate immediately and automatically upon your failure to pay for your Subscription within 30 days or in the event that you breach any of the terms of this Agreement. Upon termination, EquationPlotter may in its sole discretion terminate your access to the website.

Your Subscription commences the day you submit the subscription form and runs for the specific term you purchased whether or not the website is used (one yesr). Your obligations under this Agreement will exist until said term expires or the Subscription is terminated by you or EquationPlotter.

You may terminate this Agreement and your rights to use the website at any time and without cause by notifying EquationPlotter of your decision to terminate your Subscription.

Your Remedies

EquationPlotter’s entire liability to you, and your sole and exclusive remedy, regarding the use of the website shall be the replacement of a User ID(s) or Password(s) if a currently valid User ID(s) or Password(s) fails to allow access to the website.

Your sole right with respect to any disagreement or dissatisfaction with (a) this Agreement, as modified from time to time; (b) Subscription Cost or other charges for the use of the website, (c) access to, use of, or performance of the website, or (d) any Materials from or content accessible through the website, is to terminate your Subscription.

Disclaimer of Warranties

THE WEBSITE AND ALL INFORMATION, MATERIALS AND SOFTWARE ACCESSIBLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS-IS," "AS-AVAILABLE" BASIS. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, REGARDING OR RELATING TO PRODUCTS OR WEBSITES FURNISHED TO SUBSCRIBERS UNDER THIS AGREEMENT OR IN CONNECTION WITH THE WEBSITE. EquationPlotter EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

You expressly agree that your use of the website is at your sole risk. EquationPlotter does not warrant that the website will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from your use of the website, or as to the accuracy, reliability, completeness, or content of any information, website, software or merchandise that may be provided through the website. No statement, information or advice, including, but not limited to, statements regarding capacity, suitability for use or performance, whether made by an EquationPlotter employee, reseller or other representative or otherwise, which is not contained in this agreement shall be deemed to be a warranty by EquationPlotter for any purpose or give rise to any liability of EquationPlotter whatsoever, and you agree that you will not rely on any such statement, information or advice.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL EquationPlotter BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES THAT ARISE FROM LOSS OF ANTICIPATED REVENUE, LOSS OF INFORMATION OR MATERIAL OF ANY KIND, LOST PROFITS, LOSS OF BUSINESS AND INJURY TO PROPERTY, EVEN IF EquationPlotter HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT ARISE IN CONNECTION WITH OR RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE ON ANY MATERIALS, CONTENT, INFORMATION, WEBSITES, SOFTWARE OR PRODUCTS OBTAINED ON THE WEBSITE, OR MISTAKES, OMISSIONS, INTERRUPTIONS, COMMUNICATIONS FAILURE, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, OR THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS OR WEBSITES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH STATES EquationPlotter’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

If, notwithstanding the foregoing, if EquationPlotter were to be held liable for damages, then regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), in no event shall the maximum liability of of EquationPlotter and the parties described in the next sentence (of EquationPlotter’s "Related Parties") exceed, either jointly or severally, the aggregate dollar amount paid by you to of EquationPlotter in the twelve (12) months prior to the claimed injury or damage. All of the provisions of this section are also for the benefit of EquationPlotter’s directors, officers, shareholders, employees, affiliates, agents, third-party content providers, licensors and the like, and anyone else involved in creating, producing or distributing the website, and each shall have the right to assert and enforce the provisions directly on their own behalf.

Indemnification by You

You agree to defend, indemnify and hold harmless EquationPlotter and its Related Parties from any claims and expenses, including reasonable attorney's fees, related to any violation of this Agreement by your use of the website, or in connection with the placement or transmission by you of any material on the website except as expressly authorized in this Agreement.

Notices

EquationPlotter may give notice to you by electronic mail, by a posting on the website, or by conventional mail. Notice by EquationPlotter shall be effective on the date that EquationPlotter makes a good faith effort to reach you. You shall give notice to EquationPlotter as stated below. Notice by you shall be effective on the date that EquationPlotter actually receives the notice.

via e-mail:

support@mathplotter.com
equationplotter@lawrenceville.org

via U.S. mail:

EquationPlotter
PO Box 6642.
Lawrenceville NJ, 08648

Demographic Information

By using the website, you are agreeing that EquationPlotter may collect, use, sell, license and otherwise distribute demographic data about Subscribers in aggregated form (so that no Subscriber is personally identifiable) to assist in market evaluation and for other purposes as reasonably determined by EquationPlotter.

You acknowledge that EquationPlotter will be irreparably harmed by any breach of this Agreement by you or by your unauthorized use of the Materials or the website and, further, that monetary damages may not be a sufficient remedy for such harm. You agree that EquationPlotter shall be entitled, without waiving any other rights or remedies and without further demonstration of irreparable harm or the inadequacy of monetary damages, to obtain injunctive or other equitable relief in the event of any breach of this Agreement by you or by your unauthorized use of the Materials or the website.

(c) 2004, EquationPlotter, LLC. All rights reserved.