End User License Agreement

Independence Science, LLC…empowering a new vision(R) Software License agreement for Talking LabQuest2 (“TLQ2”) device Please read this software license agreement (“license”) before using the Independence Science TLQ2 device (“device”). By using the device, you (or the purchasing organization) agree to be bound by the terms of this license. If you do not agree to the terms of this license, do not use the TLQ2 device. Important note: This device may be used within a school district or school region for educational purposes only. Each device is licensed on a per unit basis for use by an individual within the purchasing organization.  

1. General. The LabQuest is a hardware device owned and warranted by Vernier Software and Technology. Independence Science has developed software for the LabQuest that provides synthetic speech output to allow non-visual operation of this hardware device. The TLQ2 text-to-speech software (“TTS”), regardless as to whether it was purchased, preloaded and activated or loaded and then activated after initial LabQuest purchase, is purchased under a software licensing agreement. The software and any documentation accompanying this license whether on disk, in read only memory, on any other media or in any other form (collectively the “Independence Science software”) are licensed, not sold, to you by Independence Science, LLC (“ISci”) for use only under the terms of this license, and ISci reserves all rights not expressly granted to you. The rights granted herein are limited to the intellectual property for the TTS produced by ISci for the TLQ2 device and these rights do not include any other patents or intellectual property. You own the hardware device on which the TTS is installed, in accordance with Vernier Software and Technology policies, but ISci retains ownership of the Independence Science software itself. The rights granted under the terms of this license include any software upgrades that replace and/or supplement the original ISci TTS, unless such upgrade contains a separate license. Title, name, and intellectual property rights within and related to any non data content displayed by or accessed through the ISci TTS belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to the terms of use of the third party providing such content. This license does not grant you any rights to use such content in a manner that is not consistent with data collection or analysis. 2. Permitted uses and restrictions. This license does not allow the ISci TTS to exist on more than one device at a time, and you may not make the ISci TTS available over a network where it could be used by multiple devices at the same time. You may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the ISci TTS or any part thereof. The ISci TTS is intended for use within educational and research grade capacities to the extent of allowing a user the appropriate access to data collection for later interpretation and analysis. The ISci TTS and the device can be used by individuals for personal use. Independence Science or its licensors are not responsible for death, personal injury, or severe physical or environmental damage that may occur due to the use of the ISci TTS or the device, whether used in a commercial or residential setting. 3. Transfer. At this time, you may not rent, lease, or sublicense the ISci TTS. 4. Termination. This license is effective until terminated.  Your rights under this license will terminate automatically without notice from ISci if you fail to comply with any term(s) of this license. Upon the termination of this license, you shall cease all use of the ISci TTS and return all copies, full or partial, of the ISci TTS software. 5. Disclaimer of warranties. You expressly acknowledge and agree that use of the ISci TTS is at your sole risk and that the entire risk as to satisfactory quality and performance is with you. The ISci TTS is provided “as is”, with all faults and without warranty of any kind, and Independence Science and Independence Science’s licensors hereby disclaim all warranties and conditions with respect to the ISci TTS, whether expressed or implied, including, but not limited to, the implied warranties and/or conditions of third-party rights.