Kuta Works Terms of Use

This Terms of Use agreement (the “Terms”) governs your use of the Kuta Works learning management system (“Kuta Works”) available at works.kutasoftware.com.  By indicating your acceptance of these Terms, you agree to be bound by and comply with them.  If you do not agree to comply with these Terms, you should not indicate your acceptance of them, and may not use Kuta Works.  Kuta Works is owned and operated by Kuta Software LLC

To register for and use Kuta Works, you must read and accept the Privacy Policy and Terms of Use.

If you are under the age of 13, do not register for or use Kuta Works unless a teacher, parent, or legal guardian has instructed you to do so and has provided you with a course key.

Definitions

Desktop Software Product: Kuta Software LLC’s products for Windows and Mac computers, including Infinite Pre-Algebra, Infinite Algebra 1, Infinite Geometry, Infinite Algebra 2, Infinite Precalculus, and Infinite Calculus.

Teacher User: A user who has access to a Kuta Works teacher account.

Student User: A user who has access to a Kuta Works student account.

Course: A course established in Kuta Works by a Teacher User.

Seats: A purchased Kuta Works seat that allows one Student User to register for one Course.

Course Key: An alphanumeric key that uniquely identifies a Kuta Works course, provided by a teacher to a student so the student may register for a Course.

Generated Question: The content of one question generated from a Desktop Software Product, including the question, answer, multiple choice answers, graphs, diagrams, images, directions, and formatting.

Modified Question: A Generated Question that has been modified by a Teacher User.

Custom Question: The content of a question created by a Teacher User using a Desktop Software Product with the “custom question” feature.

Assignment: An assignment created using a Desktop Software Product, which may be uploaded to Kuta Works and assigned to Student Users as part of a Course. Assignments contain headings, options, and may contain Generated Questions, Modified Questions, and Custom Questions.

License

Conditioned on your compliance with these Terms, we grant to you a personal, revocable, limited, non-exclusive, non-transferable license to access and use Kuta Works and all features associated with it.  We reserve all rights of ownership in and to Kuta Works not expressly granted to you.

 

You agree that you shall not (i) access or attempt to access any Kuta Works account that you are not authorized to access, (ii) modify or attempt to modify Kuta Works in any manner or form, (iii) copy, distribute, or create derivative works based on the Kuta Works Content (as defined below), (iv) exploit the Kuta Works content in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity, or (v) sublicense, sell, resell, or otherwise convey Kuta Works or any elements thereof.

Your violation of any terms of these Terms may result in automatic termination of the licenses granted hereunder and your right to use the Kuta Works.  We reserve the right at any time to modify or discontinue, temporarily or permanently, Kuta Works or any part thereof with or without notice.

Acceptable Use

Student Users may use Kuta Works for its intended educational purpose, including:

·         Creating a student account

o   A student may create the account directly; or where appropriate a parent, or guardian may create the account on the student’s behalf.  Creation of a student account requires an email account and a Course Key provided by a teacher.

·         Registering for additional courses with teacher-provided Course Keys.

·         Signing in and participating in Courses by accessing and completing Assignments.

Teacher Users may use Kuta Works for its intended educational purposes, including:

·         Creating a teacher account.

o   Creation of a teacher account requires an email account.

·         Creating Courses.

·         Purchasing, sending, receiving, or viewing usage of Seats.

·         Registering Student Users into a course using Seats.

·         Viewing Course rosters.

·         Dropping Student Users from a Course.

·         Uploading assignments from Desktop Software Products.

·         Posting Assignments for Student User access.

·         Viewing student Assignment results.

Usage Limits

One Seat allows a Teacher User to register one Student User into one Course.  A Course is active for 26 weeks from the start date specified by the Teacher User.  Participation in a Course is only possible when it is active.

Intellectual Property Rights

Kuta Works Content

Except with respect to Custom Questions, Kuta Works and its content, including Generated Questions and Modified Questions (collectively “Kuta Works Content”), is owned by Kuta Software LLC, and may be protected by copyright, trademark, patent, trade secret, and/or other laws.  Kuta Software LLC owns and retains all rights, including the worldwide copyright, in the Kuta Works Content solely and exclusively, for the duration of the rights in each country, in all languages, and throughout the universe.  You may not use the Kuta Works Content in any way whatsoever except as in compliance with these Terms.  You may not modify, rent, lease, loan, sell, distribute, redistribute, or create derivative works based on the Kuta Works Content.

Custom Questions

To the extent you own rights in any Custom Question you generate, you retain those rights. You hereby grant to Kuta Software LLC a non-exclusive, worldwide, royalty free license to copy, display, make derivatives of, and otherwise exploit the Custom Question for purposes of including the Custom Question within Kuta Works.  You are solely responsible for the content of Custom Questions and are responsible for ensuring Custom Question do not contain inappropriate or offensive language or content which is owned by any third party.

Privacy

Personal information of Student Users and Teacher Users is protected as described in our Privacy Policy.

Disclaimers

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, KUTA SOFTWARE LLC PROVIDES KUTA WORKS AND ALL RELATED PRODUCTS AND SERVICES “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  KUTA SOFTWARE LLC MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS, KUTA SOFTWARE LLC DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS.

KUTA SOFTWARE LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, KUTA WORKS.  YOUR USE OF KUTA WORKS IS SOLELY AT YOUR OWN RISK.

Limitation of Liability

KUTA SOFTWARE LLC IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY WEBSITE, NETWORK, COMPUTER SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE, OR FOR ANY FAILURE DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO COMPUTERS OR OTHER DEVICES ON OR THROUGH WHICH KUTA WORKS IS PROVIDED.

KUTA SOFTWARE LLC, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, WILL NOT BE LIABLE TO YOU FOR LOSS OF DATA, LOST INCOME, LOST PROFITS, ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR CLAIMS OF THIRD PARTIES. THESE LIMITATIONS OF LIABILITY FOR SUCH LOSSES WILL APPLY EVEN IF KUTA SOFTWARE LLC HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THEIR POSSIBILITY.

KUTA SOFTWARE LLC’S AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO YOUR USE OF KUTA WORKS WILL IN NO EVENT EXCEED THE TOTAL FEES PAID BY YOU.

Indemnification

You agree to indemnify, defend, and hold harmless Kuta Software LLC and its officers, directors, agents, employees, partners, and licensors, from and against any third-party claims, demands, expenses (including reasonable attorneys’ fees) or liabilities of whatever nature of kind, due to or arising out of your use of Kuta Works, your violation of these Terms, or your violation or alleged violation of any rights, including copyright rights, of any third party.

General Conditions

These Terms constitute the entire agreement between you and Kuta Software LLC, and governs your use of Kuta Works, superseding any prior agreements (including, but not limited to, any prior versions of these Terms).  No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. If any part of these Terms is held invalid or unenforceable, that portion will 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 will remain in full force and effect.  Our failure to enforce any right or provisions in these Terms will not constitute a waiver of that provision or any other provision of these Terms.

Changes to these Terms

Kuta Software LLC may revise and update these Terms from time to time.  We will notify you at least 30 days in advance of substantive changes by posting a message on the service.  Districts, schools, or other users that require direct notification may provide us contact information and we will contact you directly.  Otherwise, you may view the most recent Terms at: https://cdn.works.kutasoftware.com/legal/terms.html

Contact Us

If you have any questions or concerns about Kuta Software LLC, Kuta Works, or these Terms, please contact us at:

Kuta Software LLC

51 Monroe Street, Suite 203

Rockville, MD 20850

877-563-2285

works@kutasoftware.com