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Intending to be legally bound, by indicating acceptance of this End User License Agreement (“EULA”), you agree to the following terms and conditions for accessing and using the Cascade Reading website and services, including but not limited to the Cascade Reader, Cascade Explorer, and any Cascade applications, browser extensions or plugins (“the Service”), and any associated documentation (the “Materials.”) These terms and conditions also apply to the use of the formatted output generated by the Service (the “Output”) in response to your submissions (“Your Content”), but only to the extent as formatted or modified by the Service.
1.0 LICENSE AND SERVICE USE
1.1 Cascade Reading grants you a non-exclusive, non-transferable, personal and revokable license to access or install and use the Service, the Materials and the Output for personal, non-commercial use. Use of the Service, Materials and Output in an education setting by individuals employed as educators as their primary employment is permitted, provided that there is no sale or resale of the Output or the Service, and that Cascade Reading is attributed as the source of the formatting of the Output. Additional licenses are available, please contact us in this regard.
1.2 Cascade Reading reserves the right to impose usage limits on your use of the Service, or to offer one or more royalty-bearing licenses instead of or in addition to the license granted in Section 1.1.
1.3 You may not:
1.3 Cascade Reading and its third-party software providers (if any) retain all right, title and interest in the Service and Materials (including copies made by you), except for those rights expressly granted to you under this EULA. You acknowledge that Cascade Reading, its third-party software providers (if any), and their successors and assigns own all proprietary rights in the Service and Materials, including copyrights and valuable trade secrets.
CASCADE READING’S RIGHTS AND OBLIGATIONS
2.1. Cascade Reading reserves the right to update, modify, replace, amend or terminate the Service and Materials, and this EULA, at will and for any reason. The current version of this EULA can be viewed on the Cascade Reading website. It is your sole responsibility periodically to check for any updates or amendments to the Service, the Materials, and this EULA. By continuing to use the Service and Materials you are consenting to any and all revisions of the EULA.
2.2 Cascade Reading utilizes advanced Natural Language Processing (NLP) tools and proprietary algorithms to produce cascaded text. Given the inherent complexity of language, these models are subject to errors or misinterpretations that may impact the fidelity of the resulting cascade or its alignment with our stated goals and principles. As set forth in Section 4.0, Cascade Reading makes no representations regarding the accuracy of the language models or performance of our proprietary algorithms. Additionally, Cascade Reading may update the Service and Materials with new features, improvements, bug fixes, and so forth, that may alter the Output from that generated previously.
2.3. Cascade Reading shall not resell or distribute Your Content, Output generated therefrom, or your account information. As consideration for using the Service and Materials, you grant us a limited right to use Your Content internally for the purpose of improving, operating, monitoring debugging, troubleshooting, and customizing the Service and Materials. You also grant Cascade Reading an express right to use any feedback, suggestions, ideas, comments or proposals, without restriction and without attribution or compensation to you.
3.1 This EULA may be terminated by Cascade Reading with immediate effect for any breach of this EULA by you.
3.2 Cascade Reading may terminate this EULA upon 30 days’ notice to you for any reason or without reason, in Cascade Reading’s sole discretion.
3.3 Upon termination, you may be prevented from, and shall stop, using the Service and Materials, and shall destroy any copies of the Service or Materials in your possession. All sections of this EULA that would be expected to survive termination shall survive termination, including but not limited to Sections 1.3, 4.0 and 5.0.
4.0 LIMITATIONS AND INDEMNITY
4.1 You shall indemnify and hold Cascade Reading, its licensors, organizations, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with Your Content, your use of the Service and Materials and Output, your breach of this EULA, or the violation of any applicable law. You acknowledge that if you violate or breach this EULA, it may cause irreparable harm to Cascade Reading and its affiliates, and Cascade Reading shall have the right to seek injunctive relief against you in addition to any other legal remedies.
4.2 THE SERVICE AND MATERIALS ARE LICENSED TO YOU “AS IS.” OTHER THAN ANY WARRANTIES EXPRESSLY STATED IN THIS AGREEMENT, CASCADE READING NEITHER MAKES NOR GRANTS ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESS OR IMPLIED. CASCADE READING EXPRESSLY EXCLUDES ALL IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS, INCLUDING SPECIFICALLY ANY AND ALL IMPLIED WARRANTIES, REPRESENTATIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR ANY PURPOSE, PARTICULAR, SPECIFIC OR OTHERWISE.
4.3 IN NO EVENT SHALL CASCADE READING’S LIABILITY EXCEED THE AMOUNTS RECEIVED BY CASCADE READING FOR THE SERVICE OR MATERIALS OR SUPPORT UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING YOUR CLAIM FOR RECOVERY, EVEN IF CASCADE READING IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CASCADE READING SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES HEREUNDER, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE OR THE LOSS OF DATA OR INFORMATION OF ANY KIND, HOWEVER CAUSED, OR FAILURE OF THE SERVICE TO WORK OR PERFORM IN ANY WAY, OR ANY LIABILITY TO END-USERS OR TO THIRD PARTIES.
5.1 This EULA shall be governed by and interpreted in accordance with the laws of the State of Minnesota, excluding its principles relating to conflicts of laws. Any disputes arising under or in connection with this EULA shall be subject to the exclusive jurisdiction of the state and federal courts located within the State of Minnesota.
5.2 This EULA constitutes the entire understanding between the parties with respect to the subject matter of this EULA and supersedes any and all other prior understandings, statements, warranties, representations and agreements, oral or written, relating to them, except that the terms of any earlier nondisclosure or confidentiality agreement shall remain in full force and effect. You are not relying on any representations about the Service or Materials, or any future release of the Service or Materials, unless such representations are agreed in writing separately from this EULA. Any amendment to this EULA shall be in writing and signed by both parties.
5.3 Without the prior written consent of Cascade Reading, your rights to any Service and Materials under this EULA may not be assigned, sublicensed, or otherwise transferred, voluntarily or otherwise, by you.
5.4 You shall comply with, and at all times cooperate promptly with Cascade Reading to enable Cascade Reading to comply with, the provisions of the United States Export Administration Act, War Powers Act, or other law or Executive Order relating to control of exports or transfer of technology, and the regulations of the United States Departments of State, Commerce and Defense relating to them (in present form or as they may be amended in the future).
5.5. Notices delivered under the terms of this EULA shall be in writing. Cascade Reading may send notices to you electronically using the account information you provided. In the case of notices to Cascade Reading, such notices shall be directed to the attention of the General Counsel at 5021 Vernon Ave S., Suite 240, Minneapolis, MN 55436. Notices shall be effective on the date received.
5.6 No term or provision of this EULA shall be deemed waived and no breach of this EULA shall be deemed consented to or excused, unless such waiver, consent or excuse is expressed in writing and signed by the party claimed to have so waived, consented or excused such term or provision.
5.7 If any part of this EULA is held to be invalid or unenforceable by a court of competent jurisdiction, that part shall be enforced to the maximum extent permissible. The invalidity or unenforceability of a part of this EULA shall not affect the enforceability of any other terms or conditions.