© 2017 California Department of Education with WestEd Center for Child & Family Studies. All rights reserved.
Contact Us @ +1-800-770-6339 OR portfolioapp@wested.org

DRDP© Software License Terms

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Desired Results Developmental Profile© Documentation Application© 2017

By agreeing to these terms, you acknowledge that all child data entered onto this application, whether it is on your own private property or your employer’s property, is protected under Family Educational Rights and Privacy Act (FERPA). As such, you promise to keep such data private. Child and classroom data shall only be shared with other employees that provide care to the child. All data should be deleted no less than at the end of each year. Please read below for further guidance on license terms.

These license terms are an agreement between California Department of Education and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any California Department of Education

• updates,

• supplements,

• Internet-based services, and

• support services

for this software, unless other terms accompany those items. If so, those terms apply.

BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE

MODIFICATION TO AGREEMENT

We may modify this Agreement or Guidelines to, for example, reflect changes to the law or changes to our Services. You should look at the Agreement regularly. We’ll post notice of modifications to this Agreement on this page. Changes will not apply retroactively and will only become effective when (a) you use the Service after you know about the change, or (b) thirty days after they are posted (whichever is sooner). However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. Your continued use of the Services, following notice of the changes to the Agreement or Guidelines, constitutes your acceptance of our amended terms, policies or guidelines. If you do not agree to the modified Agreement, you should discontinue your use of the Service.

If you comply with these license terms, you have the rights below.

1. INSTALLATION AND USE RIGHTS.

a. Installation and Use.

b. Third Party Programs. The software may contain third party code that the California Department of Education not the third party, licenses to you under this agreement. Notices, if any, for the third party code are included for your information only.

2. INTERNET-BASED SERVICES. California Department of Education provides Internet-based services with the software. It may change or cancel them at any time. In addition to the following, your use of such services is subject to the terms provided to you by California Department of Education and/or your wireless carrier.

a. Consent for Internet-Based or Wireless Services. The software operates at your consent to the transmission of standard device information (including but not limited to technical information about your device, system and application software, and peripherals) for internet-based or wireless services.

b. Misuse of Internet-based Services. You may not use any Internet-based service in any way that could harm it or impair anyone else’s use of it or the wireless network. You may not use the service to try to gain unauthorized access to any service, data, account or network by any means.

3. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. California Department of Education reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not

• work around any technical limitations in the software;

• reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;

• make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;

• publish the software for others to copy;

• rent, lease or lend the software;

• transfer the software or this agreement to any third party

4. DOCUMENTATION. You may copy and use the documentation for your internal, reference purposes.

5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users, and end use.

6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.

7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.

8. APPLICABLE LAW.

a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.

b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.

9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.

10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR THE RISK OF USING IT CALIFORNIA DEPARTMENT OF EDUCATION AND THE WIRELESS CARRIERS OVER WHOSE NETWORK THE SOFTWARE IS DISTRIBUTED, AND EACH OF OUR RESPECTIVE AFFILIATES, AND SUPPLIERS (“DISTRIBUTORS”), GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS UNDER OR IN RELATION TO THE SOFWARE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, CALIFORNIA DEPARTMENT OF EDUCATION EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM APPLE, CALIFORNIA DEPARTMENT OF EDUCATION AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.

This limitation applies to

• Anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and

• Claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if California Department of Education knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

*Please be aware of the following information regarding data storage: Any anecdotal notes, photographs, and video/audio files stored on this application will be automatically deleted after a period of 1.5 calendar years. You will receive notification 30 days prior to any records being deleted. If you do not wish to receive notification, please delete all child/group files that exceed the 1.5 year storage limit. If you wish to archive data, you may choose to export it and then save it on your personal device.