AOP reserves the right to change these Standard Terms and Conditions at any time without notice to you and such changes shall become effective immediately upon posting on the AOP.com website in the Legal Notices section located via a hotlink on the aop.com homepage.
Training:Training on the use and implementation of SOS is required by AOP for proper implementation of the SOS curriculum. Licensee has the following Training options:
SOS & SOO Training Programs Effective January 3, 2008
Online Training
On-Site Training
Homework Curriculum Discs: The Switched-On Schoolhouse program allows students the opportunity to complete assignments at home. In order to facilitate this, students must access their work via curriculum discs. Schools may order the necessary amount of grade level subject sets to provide for their particular needs and AOP will ship directly to their schools. These discs are specifically designated for students enrolled in the school and are not to be used in any other manner and must be returned to the school at the end of the school term. Schools may return these discs to AOP and receive a credit to their account in the amount of $5.00 per grade level subject set returned. To receive this credit, schools must call the School Support Department at 800-682-7391 no later than 30 days after the commencement of their school term. They must specify the exact number of grade level subject sets they are returning and must also request a Return Merchandise Authorization (RMA) number. Any subject sets returned outside of this timeframe and/or without this RMA number will not be credited to school's account. Any such credit is for use toward AOP products or services only and may not be redeemed for cash.
Distance Learning Curriculum Discs: Students enrolled in a distance learning program using Switched-On Schoolhouse must access their daily work via curriculum discs. The facilitator of the distance learning program may order these on a per-student basis and AOP will bill the school and drop-ship directly to the student. These discs are specifically designed for this purpose and are not to be used in any other manner and must be returned to the facilitator of the distance learning program at the end of their term. Facilitator may return these discs to AOP and receive an account credit in the amount of $5.00 per grade level subject set returned. To receive this credit, facilitator must call the School Support Department at 800-682-7391 no later than 30 days after the commencement of the school term, must specify the exact number of grade level subject sets being returned, and must also request a Return Merchandise Authorization (RMA) number. Any subject sets returned outside of this timeframe and/or without this RMA number will not merit an account credit. Any such credit is for use toward AOP products or services only and may not be redeemed for cash.
Installation/Delivery and Technical Support: The annual license renewal fee includes Technical Support Service as outlined herein, as well as the delivery of all curriculum and application updates. If Licensee is not using the Switched-On Online format of Switched-On , the media format in which Switched-On curriculum is provided to Licensee is at the discretion of AOP. These media formats include, but are not limited to the following: DVD and pre-installed USB hard-drive. At the request of the Licensee, AOP may install Switched-On on Licensee's network through various methods including remotely and on-site. In order for AOP to provide this service, as well as to provide adequate technical support, it is required that Licensee have live access to the Internet on their server at the sole cost of Licensee. Costs of these services are listed below. These costs may vary over the Term of this License and may be amended from time to time, at the sole discretion of AOP.
AOP will provide Technical Phone Support to Licensee, allowing Licensee to receive Technical Support for Switched-On -related issues only, including Switched-On application and curriculum updates. If Licensee is experiencing problems not connected with the Switched-On software, Technical Support may assist in diagnosing the issue. The following issues are not covered by AOP under any circumstances:
AOP WARRANTIES: AOP warrants and represents that to the best of its knowledge:
AOP (or its affiliates) is the owner or the licensee of all rights in the Switched-On material including copyrights, which have been duly and validly secured and shall continue in effect for the term of this Agreement.
Limited Performance Warranties: AOP warrants that the software does not contain any malicious code, program, or other internal component (e.g. computer worm, time bomb, or similar component) and has been screened for viruses using customary procedures in the industry. AOP does not warrant that Switched-On will operate in combination with other software implemented or in use by Licensee, or that Switched-On will operate uninterrupted or free of any non-material errors.
Conditions of Warranties: The limited warranties herein are conditioned upon the Licensee's use of the Switched-On software in accordance with the terms of this License and other reasonable instructions provided by AOP.
Disclaimer:EXCEPT FOR THE EXPRESS LIMITED WARRANTIES CONTAINED HEREIN, AOP DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS CONCERNING THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, AND THE PROVISION OF OR THE FAILURE TO PROVIDE SUPPORT SERVICES.
Limitation of Liability:EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AOP SHALL NOT UNDER ANY CIRCUMSTANCE BE LIABLE TO LICENSEE OR ANY OTHER PARTY FOR: (A) PERSONAL INJURY OR PROPERTY DAMAGE; OR (B) LOST PROFITS, WORK OR SCHOOL STOPPAGE, LOST DATA, COMPUTER HARDWARE OR SOFTWARE DAMAGE, FAILURE OR MALFUNCTION, OR ANY OTHER SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. IN ANY CASE, AOP'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID OR THE LICENSING FEES HEREIN.
The respective representations and warranties of each party under this License shall not be affected by any investigation made heretofore or hereafter by or on behalf of any party.
Switched-On Terms of Use
Switched-On End User License Agreement
Switched-On Hosting Policy
Switched-On Remoate Access Disclaimer