![]() ![]() “Software” means (a) the computer software programs and associated web pages owned or licensed by TD in object code form, (b) educational content activities and templates, (c) related explanatory written materials or files (“Documentation”), and (d) symbols, images, audio files, videos and other included media, that Customer has subscribed to as set forth in an Order and are provided as part of the Subscription. ![]() “Services” means individually or collectively, the Professional Services, the Support Services and/or any additional agreed upon services provided by TD to Customer hereunder.ġ.12. “Service Start Date” means the date on which TD delivers to Customer a Login name and temporary password to access and use the Software.ġ.11. “Professional Services” means engineering, custom account administration or other consulting services that may be provided by TD to Customer, as identified on an Order.ġ.10. ![]() “Professional Development” means training services (delivered onsite or online) that may be provided by TD to Customer and authorized Users, as identified on an Order.ġ.9. “Order” means the request to start a Trial Subscription or purchase a Subscription issued to TD by Customer pursuant to which TD provides access to Software, and which explicitly states the optional components and associated quantities to which Customer is subscribing.ġ.8. “Login” means the unique combination of username and password designed to provide access for a single individual to the Software.ġ.7. “HIPAA” means The Health Insurance Portability and Accountability Act of 1996, as amended, and the rules and regulations promulgated thereunder.ġ.6. “Editor” means the installed Software called Boardmaker.ġ.5. “Documentation” means written materials, videos, or other communications that explain the operation of the Software delivered in printed or electronic format.ġ.4. Data Storage does not include application code files and data needed for the operation of the Software for the benefit of all Customers and Users.ġ.3. "Data Storage" means space allocated for electronic storage of Customer and User documents, images, videos, activities, reports, data generated with the system, and other files. “Confidential Information” means all confidential and business proprietary information of a party hereto (including, with respect to Customer, User Data) disclosed in connection with the provision or receipt, as the case may be, of Services hereunder provided, however, that the term “Confidential Information” does not include any information that (i) is or becomes a part of the public domain through no act or omission of the receiving party (ii) was in the receiving party’s lawful possession prior to the disclosure and had not been obtained by the receiving party, either directly or indirectly, from the disclosing party (iii) is lawfully disclosed to the receiving party by a third party without restriction on disclosure or (iv) is independently developed by the receiving party.ġ.2. If Customer does not agree to these Terms of Service, do not subscribe to, access or use the Software.ġ.1. By subscribing for access to, and use of, the Software (as defined below) Customer agrees to be bound by these Terms of Service. ![]() This Terms of Service Agreement (“Terms of Service” or the “Agreement”) is an agreement between Tobii Dynavox LLC, with its principal place of business at 2100 Wharton Street, Suite 400, Pittsburgh, PA 15203 (“TD”), and the individual or entity that has subscribed to the Software (“Customer”). ![]()
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