Terms of Use

The terms below govern your use of this product (“ExamSpeak”), comprised of RendezVu’s website of (www.examspeak.com) and the services available there, including ExamSpeak language learning application. RendezVu, Inc., as Licenser, grants to you, the Licensee, a non-exclusive license to use this website, including any and all supporting programs, plug-ins, and components (hereinafter the "APP") in accordance with the terms contained in this license.

Updated November 7th, 2011

LICENSES FOR DIFFERENT VERSIONS
Base Version—Home and School licenses. We offer a base version of the APP for free. You are welcome to install this version on as many computers as you like, including servers, to serve as many users as you like. With all versions, application data is stored and accessed securely online.

Full Version—Home License. If you have purchased a license of the full version of the software for home use, you may use the APP on multiple computers, but may only allow immediate family members to use it. If you wish to share the APP with anyone other than your own immediate family members, an additional license or licenses must be purchased.

Full Version—School License. Unless specific other arrangements have been made, school licenses are annual and must be renewed after 365 days. School licenses are based on the number of computers that use the APP, NOT on the number of students who use it. Specific licensing arrangements and costs will depend on the details listed on your invoice. After a license has expired, the full version must not be used until the license has been renewed. If a license to the full version has expired, you must switch to using the free base version.

With an Online School license, students may not use the APP from home as well as at school. RendezVu owns all online data and users may only access it through the intended user interface for actions such as adding a class or checking a student's progress.

REDISTRIBUTION
Delivery of the SOFTWARE from any means or location other than www.examspeak.com is not allowed unless specifically arranged in writing. Under no circumstances may you receive income of any kind for distributing or promoting the base version of The APP in any way.

USE OF CONTENT
All information, materials, functions and other content contained in this software are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change or delete Content or features at any time, in any way, for any or no reason.

Except as we specifically agree in writing, no part of this website or APP may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than your own licensed use. Furthermore, you must (a) keep intact all copyright and other proprietary notices, (b) make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for your own back-up purposes), or create any derivative works based on the content, in whole or in part, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands.
We do not transfer title to the APP to you. Except as permitted under applicable law, you may not distribute or otherwise exploit the APP or decompile, reverse engineer, disassemble or otherwise reduce the APP to a human-readable form.
You acknowledge and agree that nothing in these terms of use shall have the effect of transferring the ownership of any trademarks, service marks, trade names or other proprietary rights in the Site or Content or any part thereof to you or any third party. You undertake not to do any act or thing which is inconsistent with or which is likely in any way to prejudice such title.

COPYRIGHT
All title and copyrights in and to the SOFTWARE, including but not limited to any images, texts, and sounds incorporated into the SOFTWARE, are owned by RendezVu Inc. or its suppliers.
DISCLAIMER OF WARRANTY. THE SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RENDEZVU, INC. DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RENDEZVU, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF RENDEZVU, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY RENDEZVU SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). PLEASE NOTE, HOWEVER, THAT THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

INDEMNIFICATION
You are responsible for maintaining the confidentiality of your username(s), password(s), and your order id(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our group undertakings, and our group undertakings' licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of this site and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

LIMITATION OF LIABILITY
TO THE EXTENT REQUIRED BY APPLICABLE LAW, WE DO NOT LIMIT IN ANY WAY OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR OUR FRAUDULENT MISREPRESENTATION OR CONCEALMENT OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS.
SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR GROUP UNDERTAKINGS, OUR AND OUR GROUP UNDERTAKINGS' LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY RENDEZVU SITE OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY RENDEZVU SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
WE MAY TERMINATE YOUR FURTHER ACCESS TO RENDEZVU UPDATES OR CHANGE THE SOFTWARE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON WITHOUT LIABILITY.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

AMENDMENT
At any time, we may amend these terms of use (including by modification, deletion and/or addition of any portion thereof). If we make a material amendment to these terms of use, we will notify you of such amendment by posting a notice on the “Terms of Use ” link at the bottom of our website. Any such amendment to these terms of use will be effective thirty (30) calendar days following our posting of notice of the changes on the Web Sites.

LAW AND LEGAL NOTICES This Agreement, in conjunction with any other agreements governing your use of the Service, such as the Privacy Policy, represents your entire agreement with Company. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the Company's policies, including, but not limited to its Privacy Policy for the App, including Company's enforcement of these policies, is not intended to confer, and does not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the Republic of Ireland, excluding its conflicts- of-law rules, govern this Agreement and your membership. As noted above, member conduct may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Company or relating in any way to your membership or your use of Services or the App resides in the courts of the Republic of Ireland and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Republic of Ireland in connection with any such dispute including any claim involving Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

You agree to abide by E.U. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Company or the App any data or software or content that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this agreement.

RendezVu is a registered business name of Asimil8 Limited, an Irish Limited Company, CRO Registration No 466367., having an address at NovaUCD, Belfield Innovation Park, University College Dublin, Belfield, Dublin 4, Ireland. ExamSpeak, RendezVu, the RendezVu logo, the RendezVu planet device and associated tag lines are Trade Marks of RendezVu. RendezVu is a registered community trade mark (No 008442931).