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    In order to participate in the use of OnDataSuite Software provided by ALOE SOFTWARE GROUP, L.L.C., you, on behalf of your Local Education Agency (L.E.A.), must agree and adhere to the following terms and conditions contained in this Terms of Use Agreement (hereinafter the \"Terms of Use\"). If you do not agree to these Terms of Use, your Local Education Agency (L.E.A.) may not use OnDataSuite Software. If you have questions concerning this Terms of Use, please contact the ALOE SOFTWARE GROUP, L.L.C., by phone at 1-800-521-2563 or by e-mail at office@aloesoft.com.

    OnDataSuite Terms of Use Agreement.

    I have been authorized by my Organization (hereinafter the \"Local Education Agency (L.E.A.)\") to contractually bind such Local Education Agency (L.E.A.) to this Terms of Use Agreement. On behalf of such Local Education Agency (L.E.A.), I agree that any use of the OnDataSuite is subject to the following terms and conditions, and agree to fully comply with such terms and conditions:

    1. The Local Education Agency (L.E.A.) agrees that only I and any alternate designated by me shall be authorized delegates of the Local Education Agency (L.E.A.) (hereinafter the \"authorized delegate(s)\") allowed to submit district data for purposes of use in OnDataSuite. The Local Education Agency (L.E.A.) also agrees that any OnDataSuite reports, data and any other information concerning OnDataSuite sent from ALOE SOFTWARE GROUP, L.L.C., to my Local Education Agency (L.E.A.) will be accessible only by such authorized delegates, except that OnDataSuite reports may be accessed by certain Local Education Agency (L.E.A.) employees as stated below. If the delegates change, it is the responsibility of the Local Education Agency (L.E.A.) to notify ALOE SOFTWARE GROUP, L.L.C., in writing of such change.

    2. ALOE SOFTWARE GROUP, L.L.C., grants the Local Education Agency (L.E.A.) a non-exclusive, limited license to OnDataSuite only by the authorized delegates and the Local Education Agency (L.E.A.)'s admissions, executive, administrative, and research employees. The Local Education Agency (L.E.A.) shall not copy (other than copies for authorized delegates and those Local Education Agency (L.E.A.) employees identified herein), modify, publish, release, lend, sell, rent or otherwise disclose the OnDataSuite reports to any third party or give third party access to the OnDataSuite reports without the express prior written consent of ALOE SOFTWARE GROUP, L.L.C.,. The Local Education Agency (L.E.A.) shall notify ALOE SOFTWARE GROUP L.L.C., immediately of any unauthorized use or disclosure of the OnDataSuite reports. The Local Education Agency (L.E.A.) grants ALOE SOFTWARE GROUP, L.L.C., a non-exclusive, limited license to use the Local Education Agency (L.E.A.) Data for purposes of compiling the OnDataSuite reports.

    3. ALOE SOFTWARE GROUP, L.L.C., is the sole owner of, and shall retain the entire rights to, any copyrights, trademark, trade secret and any other proprietary rights in the OnDataSuite Reports. The Local Education Agency (L.E.A.) is the owner of, and shall retain the entire rights to, any copyright, trademark, trade secret and other proprietary rights in the District Data. ALOE SOFTWARE GROUP, L.L.C., reserves the right to monitor the access and use of the OnDataSuite Reports by participating Local Education Agency (L.E.A.). The Local Education Agency (L.E.A.) shall not transmit any District Data that contains viruses, worms, Trojan horses or other disabling devices or use spamming, flooding, or other means to interfere with OnDataSuite or any ALOE SOFTWARE GROUP, L.L.C., user, host or network.

    4. ALOE SOFTWARE GROUP, L.L.C., and the Local Education Agency (L.E.A.) acknowledge and agree that the District Data is confidential information and that only those with a need to know shall have access to such information. ALOE SOFTWARE GROUP, L.L.C., agrees to maintain the confidentiality of the District Data and may use the District Data for purposes of compiling the OnDataSuite Reports. ALOE SOFTWARE GROUP, L.L.C., agrees to promptly notify the authorized delegate in writing of any unauthorized disclosure of the District Data. The District Data may be disclosed by ALOE SOFTWARE GROUP, L.L.C., pursuant to an order of any court or like entity or other valid official government legal process. The District Data also may be disclosed by ALOE SOFTWARE GROUP, L.L.C., to an agent of ALOE SOFTWARE GROUP, L.L.C., that may be assisting with additional research projects and/or to any ALOE SOFTWARE GROUP, L.L.C., vendor providing technical or other services to ALOE SOFTWARE GROUP, L.L.C., provided however that such agent or vendor shall be subject to a non-disclosure agreement.

    5. The Local Education Agency (L.E.A.) agrees that any use not authorized herein or any otherwise inappropriate use of OnDataSuite is prohibited, and that any violation of this Terms of Use, at the discretion of ALOE SOFTWARE GROUP, L.L.C., may result in termination of the Local Education Agency (L.E.A.) license to OnDataSuite, cancellation of access to any OnDataSuite Reports and may prevent the Local Education Agency (L.E.A.) from further participation in the use of OnDataSuite. The Local Education Agency (L.E.A.) assumes liability for all costs, expenses and damages arising out of its use of OnDataSuite and/or any material breach of this Terms of Use, including, without limitation, any unauthorized use or disclosure of the District Data and/or the OnDataSuite. ALOE SOFTWARE GROUP, L.L.C., will provide the OnDataSuite Reports to the Local Education Agency (L.E.A.) only as a tool to assist the Local Education Agency (L.E.A.) in research and evaluation of the Local Education Agency (L.E.A.) all PEIMS Data, Student Assessment Data, and data supplied from the Local Education Agencies (L.E.A.) student and finance systems. Except as set forth herein, ALOE SOFTWARE GROUP, L.L.C., disclaims all other warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose. ALOE SOFTWARE GROUP, L.L.C., shall not be liable to the Local Education Agency (L.E.A.) for special, incidental, consequential or punitive damages of any nature for any reason, whether such liability is asserted on the basis of contract, tort or otherwise, even if ALOE SOFTWARE GROUP, L.L.C., has been warned of the possibility of such damages.

    6. ALOE SOFTWARE GROUP, L.L.C., reserves the right to revise the Terms of Use at any time with advance notice, including any license terms. The Local Education Agency (L.E.A.) shall be notified of any revisions in writing. This Terms of Use agreement takes precedence over any previous or conflicting Terms of Use for OnDataSuite.

    7. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Any claim or action for breach of this Agreement shall be brought in the state or federal courts in the State of Texas.



    8. By executing this Agreement, Vendor verifies that it does not boycott Israel, and it will not boycott Israel during the Term of this Agreement. Vendor verifies and affirms that it is not a foreign terrorist organization as identified on the list prepared and maintained by the Texas Comptroller of Public Accounts. If Vendor has misrepresented its inclusion on the Comptrollerís list, such omission or misrepresentation will void this Agreement.



    9. Any and all personally identifiable information (PII) of external users of OnDataSuite collected is done so for purposes of providing secure access to OnDataSuite. PII of external users is only used for identification of unique user accounts and logging of usage by the LEA, usage for any other purpose is prohibited. All PII of external user data stored in OnDataSuite is created, entered, and maintained locally at the discretion of the LEA, users may opt out at the discretion of the local LEA. ALOE SOFTWARE GROUP, L.L.C., agrees to maintain the confidentiality and security of all PII data of external users. ALOE SOFTWARE GROUP, L.L.C., agrees to promptly notify the LEA in writing of any unauthorized disclosure of the PII data. The PII may be disclosed by ALOE SOFTWARE GROUP, L.L.C., pursuant to an order of any court or like entity or other valid official government legal process.

    By clicking the Login button, on behalf of the Local Education Agency (L.E.A.), I agree and accept this OnDataSuite Terms of Use Agreement."

    December 2019
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