These Terms are subject to change without notice. Effective Date: May 3, 2018
ATTENTION: READ CAREFULLY BEFORE USE OF THE LANSCHOOL AIR SERVICE.
THIS AGREEMENT GOVERNS YOUR SUBSCRIPTION TO AND USE OF LANSCHOOL AIR.
BY ACCEPTING THE LANSCHOOL AIR TERMS OF SERVICE (“TERMS OF SERVICE”),
EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN
ORDER FORM THAT REFERENCES THESE TERMS OF SERVICE, YOU AGREE TO THE
TERMS OF SERVICE AND THE AGREEMENT AS DEFINED BELOW. IF YOU ARE ENTERING
INTO THESE TERMS OF SERVICE AND AGREEMENT ON BEHALF OF A COMPANY OR
OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND
SUCH ENTITY AND ITS AFFILAITES TO THESE TERMS AND CONDITIONS, IN WHICH CASE
THE TERMS “YOU” AND “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF
YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS
AND CONDITIONS, YOU MUST NOT ACCEPT THESE TERMS OF SERVICE AND MAY NOT
USE THE SERVICES.
The LanSchool Air Terms of Service (“Terms of Service”) apply to the Stoneware LanSchool Air
service (“LanSchool Air”), which is developed by Stoneware, Inc. (“Stoneware” “we” or “us”),
and is to be used as a web-based service by Stoneware customers, subscribers and other
authorized users. These Terms of Service, along with the LanSchool Air Privacy Statement
(found at www.lanschoolair.com/legal) form the entire legal agreement between you and
Stoneware, governing your use of LanSchool Air (collectively “Agreement”). Your use of
LanSchool Air constitutes your consent to all of the terms of this Agreement.
1. Ownership and License.
As between you and Stoneware, you own:
● Any computer hardware, including, but not limited to, computers, tablets, smartphones,
that you use to access and use LanSchool Air.
● User-generated content like photos, music, videos, and third-party applications you may
install on your hardware.
As between you and Stoneware, we own:
● Applications, software, and services, such as LanSchool Air, that we have developed
and made available for your use.
● Websites you may use to access LanSchool Air and all content published on them.
● The names “Stoneware” and any other logos, names, and other marks used to identify
Stoneware LanSchool Air.
LanSchool Air and other Stoneware software applications and services are protected by United
States and international laws and treaties protecting patents, trademarks, copyrights, and other
intellectual property. Subject to applicable laws and the rights granted to you under this
Agreement, LanSchool Air consists of Stoneware’s proprietary information. This Agreement
gives you no rights other than those stated in its terms. Your license to use LanSchool Air will
automatically terminate if you use LanSchool Air in any manner that violates this Agreement,
any applicable law, or any rights of Stoneware. We reserve the right to use any lawful means to
prevent unauthorized use of LanSchool Air, such as technological barriers, IP mapping, and
contacting your Internet Service Provider or wireless carrier.
Except as described in this Agreement you do not own LanSchool Air, but only have a limited,
non-exclusive, revocable license to use LanSchool Air as permitted by this Agreement.
The U.S. Government acknowledges Stoneware’s representation that LanSchool Air and its
documentation were developed at private expense and is not in the public domain and that the
software components of LanSchool Air are Restricted Computer Software as the term is defined
in Clause 52.227-19(FAR) and is Commercial Computer Software as that term is defined in
Subpart 227-471 (DFARS).
Where applicable, use, duplication or disclosure by the U.S. Government is subject to
restrictions as set forth in subparagraph (c)(1)(ii) of the Rights of Technical Data and Computer
Software clause as DFARS 252.227-7013. Contractor/manufacturer is Stoneware, Inc. at 11555
N. Meridian St., Suite 150, Carmel, IN 46032.
2. Changes to Stoneware LanSchool Air.
We may update, modify, enhance, suspend, or cease making available LanSchool Air at any
time including, without limitation, automatically delivering new versions or features to your
Stoneware products, applications, software and services when they become available and
removing them from application stores at our sole discretion. Where LanSchool Air depends on
interaction with Stoneware operated online services, we may also disable functionality of such
an experience at any time and for any reason.
3. Prohibited Uses.
You may use LanSchool Air provided to you under the terms of this Agreement solely as
provided to you and without modification. You may not use, or encourage, promote, facilitate or
instruct others to use LanSchool Air for any illegal, harmful, or offensive use, or to transmit,
store, display, distribute or otherwise make available content that is illegal, harmful, or offensive.
You may not make network connections to any users, hosts, or networks unless you have
permission to communicate with them.
Prohibited uses of LanSchool Air included, but are not limited to:
● Use in any way that violates copyright or any other applicable law.
● For any illegal activities, including advertising, transmitting, or otherwise making
available gambling sites or services or disseminating, promoting or facilitating child
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LanSchool Air Terms of Service 05.2018
● For harmful or fraudulent activities. Activities that may be harmful to others, our
operations or reputation, including offering or disseminating fraudulent goods, services,
schemes, or promotions (e.g., make-money-fast schemes, ponzi and pyramid schemes,
phishing, or pharming), or engaging in other deceptive practices.
● To provide content that infringes or misappropriates the intellectual property or
proprietary rights of others.
● To provide content that is defamatory, obscene, abusive, invasive of privacy, or
otherwise objectionable, including content that constitutes child pornography, relates to
bestiality, or depicts non-consensual sex acts.
● To violate the security or integrity of any network, computer, communications system,
software application, or network or computing device.
● To create any information or content that contains computer viruses or any other
computer code, files or programs designed to destroy, interfere, overload, interrupt or
otherwise limit the functionality of any computer software, computer hardware or other
● In a manner that could damage, disable, overburden, disrupt or impair the service or any
Stoneware owned network or system.
● To interfere with anyone else's ability to lawfully access and use LanSchool Air to access
any communications, content, or other information to which you do not have rights.
● To modify LanSchool Air (electronically or otherwise) on your computers or mobile
devices, or make any copies, adaptations, derivative works, transcriptions, or merge any
portion thereof, except as may be installed by their automated installation functions.
● To decompile, disassemble, decrypt, reverse engineer, translate, or otherwise attempt to
derive the source code of LanSchool Air or otherwise alter LanSchool Air.
● Without permission, including attempting to probe, scan, or test the vulnerability of
LanSchool Air or to breach any security or authentication measures.
● Use of LanSchool Air to provide services to third parties.
● Transfer or resell any of the rights granted to you by these Terms of Service.
If you become aware of any violation of prohibited uses set forth in this Section 3, you will
immediately notify Stoneware and provide Stoneware with assistance, as requested, to stop or
remedy the violation.
Stoneware reserved the right, but does not assume the obligation, to investigate any violation of
the prohibited uses or misuse of LanSchool Air. Stoneware may: 1) investigate violations of the
prohibited uses provided herein; or 2) remove, disable access to, or modify any content or
resource that violates this Agreement. Stoneware may report any activity that it suspects
violates any law or regulation to the appropriate law enforcement authorities. Stoneware’s
reporting may include disclosing appropriate customer information. Stoneware may also
cooperate with appropriate law enforcement agencies, regulators, or other appropriate third
parties to help with the investigation and prosecution of illegal conduct by providing network and
systems information related to the alleged violations.
4. Responsibility for Use.
You are responsible for your own use of LanSchool Air and all information that you associate
with it. We expressly disclaim all responsibility for and all warranties (express, written or implied)
related to the accuracy, completeness, safety, reliability, or lawfulness of LanSchool Air. By
using LanSchool Air, you acknowledge that your use of LanSchool Air is at your own risk.
5. Privacy, Children & Eligibility: Please review the entire LanSchool Air Privacy Statement
(www.lanschoolair.com/legal), which describes Stoneware’s collection, use and protection of
user information collected via LanSchool Air.
Where children under the age of 18 are concerned, Stoneware requires that the district, school,
institution, instructor and/or teacher agree to these Terms of Service and the LanSchool Air
Privacy Statement (found at www.lanschoolair.com/legal). Stoneware requires that the district,
school, institution, instructor and/or teacher comply with all requirements set forth under the
Children’s Online Privacy Protection Act (COPPA) in the United States. In particular,
Stoneware highly recommends that the district, school, institution, instructor and/or teacher
acquire parents’ or guardians’ written consent by signing a parental consent form prior to
allowing their child to use LanSchool Air. The LanSchool Air Parental Consent Form (available
at www.lanschoolair.com/legal) is provided as an example of what the district, school, instructor
and/or teach may decide to use for the purposes of acquiring consent from parents. The district,
school, et al., should first consult with its own counsel before deciding to use this for or any
similar form. The district, school, institution, instructor and/or teacher are responsible for
keeping all signed LanSchool Air Parental Consent Forms on file and making them available
upon request. Additional information on COPPA is available at: https://www.ftc.gov/tipsadvice/
If a user of LanSchool Air is under the age of 18 and the parents or guardians have not provided
written consent, information may not be submitted through LanSchool Air or through any other
means to Stoneware. If a child under the age of 18 submits personal information to Stoneware
without the written consent of parents or guardians, we will delete the information as soon as we
discover it was provided by a child under 18 years of age and do not use it for any purpose.
Stoneware encourages parents to take an active role in their children's use of the Internet and
mobile applications and to inform them of the potential dangers of providing information about
BY USING LANSCHOOL AIR, YOU REPRESENT THAT YOU ARE OF LEGAL AGE IN YOUR
COUNTRY OF RESIDENCE OR THAT YOU HAVE YOUR PARENT'S OR LEGAL
GUARDIAN'S WRITTEN CONSENT TO USE STONEWARE LANSCHOOL AIR, AND HAVE
NOT BEEN PREVIOUSLY SUSPENDED OR PROHIBITED FROM USING LANSCHOOL AIR.
YOUR LICENSE TO USE LANSCHOOL AIR TERMINATES AUTOMATICALLY AND
RETROACTIVELY IF YOU ARE UNDER THE LEGAL AGE FOR YOUR COUNTRY OF
RESIDENCE AND DO NOT HAVE THE WRITTEN CONSENT OF YOUR PARENT OR LEGAL
GUARDIAN TO USE LANSCHOOL AIR, OR IF YOUR USE OF LANSCHOOL AIR HAS BEEN
PREVIOUSLY SUSPENDED OR PROHIBITED.
6. Free Trial Period.
If you are using LanSchool Air as part of a no-cost trial (“Free Trial”), the length of your Free
Trial is not guaranteed for any period of time. In the event that you are using LanSchool Air as a
Free Trial, your Free Trial ends at the earlier of a) the time specified by Stoneware in
association with the Free Trial, b) the time your paid subscription begins, as initiated by your
submitting a purchase order for the product, or c) at any time in Stoneware’s sole discretion,
subject to applicable law.
7. Disclaimer of Warranties and Limitations on Liability.
Stoneware is not responsible for (i) delays in delivery or use of LanSchool Air or in providing
support services, no matter who caused the delay; (ii) damages from, or performance prevented
by, any cause not within our reasonable control, or for losses resulting from negligence, intentional
wrongdoing or other actions or omissions of you or your employees or agents; or (iii) damages
from our access, use, transmission or sublicensing, whether directly or indirectly, of your data,
the loss of data, or the re-input of lost data for any reason, including failure of LanSchool Air or
support services. It is your responsibility to back-up your data on a daily basis and to provide offsite
TO THE EXTENT PERMITTED BY LAW AND EXCEPT AS PROVIDED TO THE CONTRARY
IN THIS AGREEMENT OR A SEPARATE WARRANTY AGREEMENT, WE PROVIDE
LANSCHOOL AIR “AS-IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY
KIND. WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, WRITTEN OR
IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; UNINTERUPTED
OPERATION WITHOUT ERROR; FREE OF HARMFUL COMPONENTS; ANY CONTENT,
INCLUDING YOUR CONTENT OR THIRD PARTY CONTENT WILL BE SECURE AND NOT
OTHERWISE LOST OR DAMAGED; AND NON-INFRINGEMENT. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY STONEWARE AND ITS AFFILIATES, ITS
EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL INCREASE THE SCOPE OF
THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE
LIMITED IN DURATION TO THE MINIMUM PERMITTED BY YOUR JURISDICTION OR, IN
THE ABSENCE OF A LEGAL MINIMUM, NINETY (90) DAYS FROM THE DATE OF
DELIVERY OF LANSCHOOL AIR OR MINIMUM PERMITTED BY YOUR JURISDICTION. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS,
WHICH VARY FROM JURISDICTION TO JURISDICTION.
YOUR USE OF LANSCHOOL AIR DOES NOT, IN ANY WAY WHATSOEVER, EXTEND ANY
OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES THAT
APPLY TO STONEWARE PRODUCTS.
By using LanSchool Air, you agree that, to the extent permitted by law, we will have no liability
for any special, indirect, or consequential damages that you may sustain from your use of
LanSchool Air, whether due to loss of data or profits, negligence, breach of contract, or
otherwise. The total aggregate liability of Stoneware, its affiliates and suppliers shall be limited
to the amounts paid or payable by you to Stoneware for use of LanSchool Air under this
Agreement in the six (6) month period prior to the date when the cause of action arose. This
limitation applies under contract, tort, strict liability, or any other legal theory.
To the extent permitted by law, you assume all risks concerning the suitability and accuracy of
the information that you send or receive using LanSchool Air. LanSchool Air may contain
technical inaccuracies or typographical errors. We assume no responsibility for any such
inaccuracies, errors, or omissions associated with LanSchool Air.
LanSchool Air does not guarantee or monitor your health, safety, or security. We make no claim
that LanSchool Air will work effectively in case of an emergency. LanSchool Air is not a
replacement for any current emergency, automated emergency or other emergency system,
hardware or software and are not intended to diagnose or treat any specific medical condition.
LanSchool Air is not fault-tolerant and is not designed, manufactured or intended for use in
hazardous environments requiring fail-safe performance where a failure of LanSchool Air could
lead directly or indirectly to death, personal injury, or severe physical or environmental damage
(“High Risk Activities”). You agree that we will not be responsible for any injury, environmental
damage, or property damage arising out of your use of LanSchool Air in High Risk Activities.
Stoneware will not be responsible for the actions of any individual or any accident that results
while using or attempting to use LanSchool Air. FAILURE OF LANSCHOOL AIR DOES NOT
CONSTITUTE AN OPPORTUNITY TO HOLD STONEWARE OR ITS AFFILIATES LIABLE
FOR ANY DAMAGES. YOU AND YOU ALONE ARE RESPONSIBLE FOR THE
CONSEQUENCES OF USING LANSCHOOL AIR.
You agree to indemnify, defend, and hold harmless Stoneware and its affiliates,
officers, agents, co-branders, partners, and employees from any third party claim or demand
(including but not limited to damages, litigation costs, and reasonable attorney's fees) that
relates to your use of LanSchool Air or your violation of this Agreement. We reserve the right to
assume the exclusive defense and control of any dispute in which you must indemnify us, and
you agree to cooperate with our defense and settlement of these claims. We will use reasonable
efforts to notify you of any such disputes once we become aware of them.
9. Term and Termination.
You may use LanSchool Air so long as you do not violate these
Terms of Service or any applicable law. We reserve the right to: (1) limit or terminate your use of
LanSchool Air at any time if we determine in good faith concern that such use a) violates an
applicable law or these Terms of Service; or b) may subject Stoneware and its affiliates to
liability; and (2) inform law enforcement of any illegal activity or material relating to use of
LanSchool Air and provide law enforcement officials with all requested information we may
have, including but not limited to the name, phone number, and email addresses of any user
account suspected of illegal activity.
10. Trademarks. STONEWARE is a registered trademark of Stoneware, Inc. All other product
or service names are the property of their respective owners. You may not alter, obscure, or
render unclear any trademark, logo, or other notice that indicates the rights of Stoneware or our
licensors and suppliers, whether built into LanSchool Air, printed on packaging or promotional
material, published online, or otherwise.
11. Notices. We may be required by state or federal law to notify you of certain events. In
addition, we may need to notify you from time to time regarding changes to this Agreement or
LanSchool Air. Such notices will be effective upon our posting them to our website, your
installation or use of any updates to LanSchool Air, or our delivery of a notice to you by email,postal mail, or other means as required by law. If you do not provide us with accurate
information to contact you, we will not be held liable if we fail to notify you.
You consent to receiving any notices regarding the Agreement or any notice required by law,
including notice of a breach of security involving your personally identifiable information, through
an email message or other electronic communication.
Any notices that we send to you by email will be sent to the email address you provided when
you registered for an account or any email address in your profile.
12. General information.
This Agreement supersedes any prior agreements between you and
Stoneware relating to your use of LanSchool Air with respect to its Software as a Services
application. Any prior purchase you or your organization may have previously made of any other
Stoneware product, including, but not limited to any on-premises LanSchool product, in no way
includes or entitles you to use LanSchool Air.
By using LanSchool Air, you agree that the statutes and laws of the State of Indiana, without
regard to any principles of conflicts of law, will apply to all matters relating to your use of
LanSchool Air. You also agree that any litigation will be subject to the exclusive jurisdiction of
the state courts of Indiana. You consent to the personal jurisdiction of those courts. Our failure
to exercise or enforce any right or provision of this Agreement does not waive our right to
exercise or enforce our rights in the future. If any court finds a provision of these terms and
conditions or the LanSchool Air Privacy Statement to be invalid, then you agree that the court
should endeavor to give effect to the intentions as reflected in the provision, and that the other
provisions of this Agreement will remain in full force and effect.