Single User License Agreement

Single User License Agreement

eMATHinstruction Single User License Agreement

This Agreement (the “Agreement”) is a legally binding contract between you, the end user (“You” or “User”), and Emath Instruction Inc. (“eMATHinstruction”). This Agreement sets forth the terms and conditions governing your use of the eMATHinstruction website (the “Website”) and its online and downloadable content (collectively “Content”).

ACCEPTANCE OF TERMS

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE OR CONTENT. BY ACCESSING OR USING THE WEBSITE OR CONTENT, YOU AGREE TO BE BOUND BY THIS AGREEMENT.

Using, viewing, or downloading (collectively “Using”) the Content indicates that you have read, understand, and accept the terms and conditions of this Agreement. If you do not agree with all terms of this Agreement, you must immediately: (1) delete the Content and all subscriber information from all your devices, (2) destroy all photocopies, digital copies (PDFs), screenshots and printouts, and (3) request deletion of your account by sending an email with the subject line “Disagree and Delete” to [email protected]. If Content was preinstalled on your device(s) and you do not agree to the terms of this Agreement, you must delete the Content from all your devices.

DEFINITIONS

As used in this Agreement:

“Content” means all digital files containing eMATHinstruction’s original copyrighted content in various formats (including but not limited to PDF and MS Word), along with any software incorporated therein.

“Publicly Available Content” means Content that is accessible to all Website visitors without requiring a paid membership.

“Membership Content” means Content that is available only to paid members according to their subscription type.

“Controlled Content” means specialized Membership Content (including but not limited to answer keys and assessments) that is available only to verified teachers.

“Single-User License” means the limited, non-exclusive, non-transferable license granted to you by this Agreement to use the Website and Content.

“Teacher Plus Membership” means a membership available only to verified teachers providing access to all Membership Content and Controlled Content.

“Tutor Membership” means a membership available to non-teachers providing access to all Membership Content except Controlled Content.

COPYRIGHT AND OWNERSHIP

The Website and all Content are protected by United States and international copyright laws and treaties. The Website and all Content constitute copyrighted original work owned in its entirety by eMATHinstruction unless otherwise specified. No license to any Content is granted to any User or Member except as expressly provided in this Agreement.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO RESPECT OUR COPYRIGHT AND TRADE SECRETS. eMATHinstruction owns all right, title, and interest in and to all the materials on the Website and all materials you view on or download from it, except as to materials eMATHinstruction licenses from others. eMATHinstruction licenses certain copyrights in software used to run the Website, manage credentials, and create the materials. Some of this copyrighted software may be embedded in the materials you download.

When you Use the Website, eMATHinstruction gives you permission (a “Single-User License”) to use our copyrights and trade secrets and those we license from others, according to the terms of this Agreement.

PUBLIC CONTENT LICENSE TERMS

Single-User Free License: You may Use all publicly available Content for free, including viewing and downloading any free resources, subject to the terms of this Agreement. Even if you are Using only publicly available Content and are not a paid Member, your Use is permitted by the Single-User License granted by this Agreement, and you must agree to abide by its terms.

Prohibited Actions: You expressly agree that you will not:

  1. Copy, share, publish, modify or distribute Content except as expressly permitted in this Agreement.
  2. Reverse-engineer or modify any software or Content, including copying or binding of downloaded Content in any form.
  3. Change or delete any authorship attribution, copyright notice, version information, property data, or other metadata.
  4. Attempt to circumvent or compromise our validation system, or solicit others to do so.
  5. Place the software, your login information, or any Content on a network where people other than you can access it.
  6. Upload any Content to any third-party study website, including but not limited to Course Hero, Chegg, or similar platforms.
  7. Direct or cause any third party to copy and/or bind any Content downloaded or captured from the Website.
  8. Send downloaded Content to any third party, including BOCES districts, for any reason including to copy and/or bind downloaded Content.
  9. Publish or compile downloaded Content into the digital equivalent of a bound book.
  10. Remove, obscure or modify any eMATHinstruction copyright notice from any Content downloaded or captured from the Website.

IMPORTANT LEGAL NOTICE: Removing copyright notification from copyrighted materials constitutes a violation of federal law and can result in substantial statutory damages and other legal penalties.

MEMBERSHIP CONTENT LICENSE TERMS

Single-User Membership Licenses: By purchasing a Teacher Plus Membership or Tutor Membership (or having one purchased for your use), you are granted a single-user, limited, non-exclusive, non-transferable license to access the Membership Content from any device with internet access. If you have purchased access to editable files, you may use the editable Membership Content only on device(s) used by you as a single individual.

Login Security: Your login information is strictly personal and confidential. Sharing your login or validation information is expressly prohibited. Your membership is a Single User License, which means it gives one person (the named Member) the right to access the Membership Content. Creating or enabling additional copies of the Membership Content or enabling others to use your login information, license number(s), product number(s), or validation number(s) is strictly prohibited.

Membership Restrictions: Memberships are single-user only. Tutor Memberships may not be used by anyone except the named Member; Teacher Plus Memberships may not be used by anyone but the named Member. Sharing memberships is prohibited without exception. If you are a school or other institution, you must purchase a separate license for each teacher/user.

Permitted and Prohibited Actions:

You may:

  • Comply with all terms applicable to Public Content users.
  • Make in-house photocopies/printouts of publicly available Content, Assignments, and Unit Reviews (all without Answer Keys) to distribute to your class.
  • Distribute publicly available Content, Assignments, and Unit Reviews (all without Answer Keys) digitally to your class only through password protection or enclosed environments such as Google Classroom or Microsoft Teams.

You may not:

  • Under any circumstances distribute Answer Keys to your class. Answer Keys are for teacher use only.

eMATHinstruction reserves the right to terminate immediately the Membership of any member found to be violating the terms of this Agreement without refund or compensation.

CONTROLLED CONTENT - SPECIAL RESTRICTIONS

Teacher Plus Memberships: Teacher subscriptions are available only to verified teachers and provide access to Assessments, Answer Keys, and other Controlled Content which is not available to the public at any other subscription level. Controlled Content is subject to special restrictions on distribution and constitutes works of Limited Publication for copyright purposes under U.S. law.

Trade Secret Status: eMATHinstruction considers Controlled Content to be proprietary trade secrets, as eMathinstruction has taken specific measures to ensure Controlled Content is kept from the public, and such Content has commercial value by virtue of its not being publicly available. Publication of Controlled Content would irreparably harm eMATHinstruction’s trade secrets and is strictly prohibited. Moreover, the confidentiality of Controlled Content must be maintained to preserve academic integrity. eMATHinstruction expects Teacher Subscribers to strictly comply with the restrictions on distribution of Controlled Content and otherwise cooperate with eMATHinstruction to prevent and stop unauthorized copying or distribution of Controlled Content.

Permitted and Prohibited Actions:

You may:

  • Make in-house photocopies/printouts of publicly available Content, Assignments, Unit Reviews, and Assessments (all without Answer Keys) to distribute to your class.
  • Distribute publicly available Content, Assignments, Unit Reviews, and Assessments (all without Answer Keys) digitally to your class only through password protection or enclosed environments such as Google Classroom or Microsoft Teams.
  • Create a modified assignment using a purchased editable file according to the terms of this Agreement, provided you ensure the following copyright credit appears on all modified assignment and answer key pages: “This assignment is a teacher-modified version of [eMATHinstruction Title] Copyright © 20xx eMATHinstruction Inc, used by permission” where “20xx” is the copyright year reflected in the copyright notice for the original assignment.

You may not:

  • Download or save Membership Content on any device used by someone other than the named Member.
  • Duplicate or distribute Membership Content by any means, including electronic transmission, except as expressly provided in this Agreement.
  • Direct or cause any third party to copy and/or bind any Content downloaded or captured from the Website.
  • Send downloaded Content to any third party, including BOCES districts, or direct any third party to copy and/or bind downloaded Content.
  • Publish or compile downloaded Content into the digital equivalent of a bound book.
  • Copy or share Controlled Content or other Membership Content except as specifically permitted above.
  • Under any circumstances distribute Answer Keys to your class or any third party. Answer Keys are for teacher use only.
  • Post Controlled Content or other Membership Content on a website, the Internet, or an intranet for others to view, including school websites, school networks, and teacher pages on school websites.
  • Copy or modify the software or Content except as permitted for purchased editable files with proper attribution.
  • Remove, obscure, or modify the copyright notification on any Content (except to add the specified credit for modified assignments using purchased editable files).

ADDITIONAL TERMS

The incorporated software and Content are protected by the copyright laws of the United States of America and international copyright treaties. The Controlled Content and incorporated software also contain trade secrets, and you may not decompile, reverse engineer, disassemble, or otherwise reduce the software to human-perceivable form or disable any functionality which limits the use of the software.

You may not modify, adapt, translate, rent, sublicense (including offering the software or Content to third parties on an applications service provider or timesharing basis), assign, loan, resell, or distribute the software or Content, media, or related materials or create derivative works based upon the software or Content or any part thereof. You may not network the software or Content. You may not copy or modify the software or Content in whole or part unless you have purchased editable files (and then only as specifically provided herein), or use trade secret information contained in the software to develop new software to interface with the incorporated software, the Website, or the Content.

USER FEEDBACK

eMATHinstruction may provide you with mechanisms to provide feedback, suggestions, and ideas about its products and services (“Feedback”). You agree that eMATHinstruction may, in its sole discretion, use the Feedback you provide in any way, including in future modifications of the software or Content, multimedia works, and/or advertising and promotional materials. You hereby grant eMATHinstruction a perpetual, worldwide, fully transferable, irrevocable, royalty-free license to use, modify, create derivative works from, distribute, and display any information you provide to eMATHinstruction in the Feedback.

TERM AND TERMINATION

This Agreement is effective until terminated. This Agreement may be terminated by eMATHinstruction immediately and without notice if you fail to comply with any term or condition of this Agreement. Upon such termination, you must immediately cease all use of the Content and destroy all complete and partial copies of the software and Content from your devices, including all backup copies and all printouts of Membership Content.

eMATHinstruction reserves the right to modify the terms and conditions of this Agreement at any time. eMATHinstruction will notify you of any such change through the Website or by email. For the latest version of this Agreement, visit https://emathinstruction.com, or such other site designated by eMATHinstruction. Your continued use of the Website, software, or Content after notification of changes will constitute your acceptance of the modified terms.

DISCLAIMER OF WARRANTIES

EXCEPT AS PROVIDED ABOVE, THE WEBSITE, CONTENT, AND SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EMATHINSTRUCTION AND ITS REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

EMATHINSTRUCTION DOES NOT WARRANT THAT THE WEBSITE, CONTENT, OR SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM BUGS, VIRUSES, OR OTHER PROGRAM LIMITATIONS. EMATHINSTRUCTION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF PURCHASE OF YOUR MEMBERSHIP OR THE DATE OF YOUR FIRST DOWNLOAD FROM THE WEBSITE, WHICHEVER IS EARLIER. HOWEVER, SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

LIMITATION OF LIABILITY

THE PRICES CHARGED BY EMATHINSTRUCTION ARE BASED UPON THE EXPECTATION THAT THE RISK OF ANY LOSS OR INJURY THAT MAY BE INCURRED BY USE OF THE WEBSITE AND CONTENT WILL BE BORNE SOLELY BY THE USER, AND NOT EMATHINSTRUCTION. NEITHER EMATHINSTRUCTION NOR ITS REPRESENTATIVES (AS DEFINED BELOW) SHALL BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY EMATHINSTRUCTION’S ACTS OR OMISSIONS IN PREPARING OR DELIVERING THE INFORMATION PROVIDED BY IT.

IN NO EVENT SHALL EMATHINSTRUCTION OR ITS REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE OR CONTENT, EVEN IF EMATHINSTRUCTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE.

IF, NOTWITHSTANDING THE FOREGOING, LIABILITY IS IMPOSED ON EMATHINSTRUCTION OR ITS REPRESENTATIVES, THE TOTAL LIABILITY OF EMATHINSTRUCTION AND ITS REPRESENTATIVES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO EMATHINSTRUCTION FOR YOUR MEMBERSHIP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

“REPRESENTATIVES,” AS USED HEREIN, MEANS EMATHINSTRUCTION’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS, OR SUPPLIERS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EMATHINSTRUCTION AND YOU. EMATHINSTRUCTION WOULD NOT BE ABLE TO PROVIDE THE WEBSITE OR CONTENT WITHOUT SUCH LIMITATIONS.

DISPUTE RESOLUTION

Governing Law: This Agreement is governed by and will be interpreted under the laws of the State of Delaware applicable to contracts made and to be performed therein, without giving effect to any conflict of laws principles.

Mediation Requirement: ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE EMATHINSTRUCTION SOFTWARE OR THIS AGREEMENT WILL FIRST BE SUBMITTED TO MEDIATION BEFORE FILING SUIT IN COURT, except that you may assert claims in small claims court if your claims qualify.

Class Action Waiver: WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY AND KNOWINGLY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS.

Initiation of Dispute Resolution: If you have a dispute, please send a letter requesting dispute resolution and describing your claim to:

Emath Instruction Inc.
PO Box 3689, Dept 390
Sugar Land, TX 77478

If we cannot resolve the dispute through direct communication, we will submit the claim to mediation under the terms of this Agreement. Mediation will be conducted by a professional, neutral Mediator to be agreed upon by the parties. The parties to the dispute shall share the cost of the Mediation equally. This Section shall survive the expiration, termination, or rescission of this Agreement.

GENERAL PROVISIONS

Entire Agreement: This Agreement sets forth eMATHinstruction’s and its Representatives’ entire liability and your exclusive remedy with respect to the Website and Content. You acknowledge that this Agreement is a complete statement of the agreement between you and eMATHinstruction with respect to the Website and Content, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions with respect to the Website and Content.

Relationship to Other Agreements: This Agreement shall govern any services or materials related to the Website or Content, unless such services or materials are subject to a separate written agreement between you and eMATHinstruction or its Representatives. However, the limitations of liability and disclaimer of warranties in this Agreement shall apply to eMATHinstruction and its Representatives with respect to such materials or services except to the extent provided otherwise in a separate written agreement approved by eMATHinstruction between you and eMATHinstruction or the applicable Representative(s).

Reservation of Rights: This Agreement does not limit any rights that eMATHinstruction may have under trade secret, copyright, patent, trademark, or other laws.

Authority: The Representatives of eMATHinstruction are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on eMATHinstruction, other than in writing signed by an officer of eMATHinstruction. Accordingly, such additional statements are not binding on eMATHinstruction, and you should not rely upon such statements.

Severability: If any provision of this Agreement is invalid or unenforceable under applicable law, then that provision is deemed modified to the extent necessary to make it valid and enforceable. If the provision cannot be so modified, it shall be deemed omitted and the remaining provisions will continue in full force and effect.

Construction: This Agreement is deemed entered into in Delaware and shall be construed as to its fair meaning and not strictly for or against either party.

Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and eMATHinstruction’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

CONSUMER INFORMATION AND PRIVACY

For details about eMATHinstruction’s privacy policies, please refer to the Privacy Statement on our Website. You agree to be bound by the applicable eMATHinstruction Privacy Policy, which is incorporated by reference into this Agreement.

CONTACT INFORMATION

For questions regarding this Agreement or our products and services:

Email: [email protected]

Address: PO Box 3689, Dept 390, Sugar Land, TX 77478
Website: https://emathinstruction.com

Copyright © 2016-2025 by Emath Instruction Inc. All rights reserved. eMATHinstruction screen displays and all other eMATHinstruction Content, © 2016-2025 Emath Instruction Inc. All rights reserved.

Last Updated: March 9, 2025