LABSTER TERMS

This Services Agreement (“Agreement”) and Order Form referencing these terms is entered into between Labster Inc , a company incorporated in the United States of America, EIN: 81-4817248, with its place of business at 19 West 34th street, suite 1018, New York, NY 1001 (“Supplier”), and the mentioned (“Customer”). These terms regulate the use at the Customer of the fully interactive advanced lab simulations named “Labster”.

Labster: The Customer hereby accepts that Supplier provides access to Labster as an official teaching tool for specific courses. Supplier will provide access for free to Customer professors (and other faculty members) to set up and manage the use of Labster as part of a specific course. The Customer will provide the necessary assistance and help in integrating Labster into the Customer’s learning management system, so that the learning management system may serve as the students’ access point to Labster. The students shall pay for access to Labster by paying the fees agreed between the Customer and the Supplier or set by the Supplier as the case may be.

Student access: When the students sign up, each student shall accept the following terms: “I hereby accept that my access to and use of Labster is subject to the Labster User Terms and the Labster Privacy Policy and subject to me paying the applicable license fee. I understand and agree that my access to Labster is limited to the period for which I have paid a license fee.“ Labster User Terms and Privacy Policy: Labster is provided to the students under the current Labster User Terms which limits the Customer’s responsibility for the use of Labster to the use made by the professors and other members of the applicable faculty. Supplier shall be responsible for the data stored in Labster and shall process any personal data in accordance with the Privacy Policy which among others allows for the professor or other members of faculty to access and export student data for the purpose of evaluating the individual student’s performance and use of Labster.

Customer’s responsibilities: During the term of this Agreement the Customer shall promote Labster as the primary fully interactive advanced lab simulation to be used by the students. The Customer cannot be held responsible for any losses due to failure by a student to access Labster unless it is due to a failure in the Customer’s learning management system.

Supplier responsibilities: Supplier shall in accordance with the User Terms maintain access to Labster and shall keep Labster updated and provide support to the Students. Supplier shall be responsible for any losses due to lack of access to Labster or due to loss of data.

Term: This Agreement may be terminated by either party with a six (6) month notice for convenience or due to a material breach by the other party if not remedied within 10 days after having received a written notice stating the nature of the material breach. Any termination shall only have effect for future use of Labster as all use by Students in place at the time of termination of this Agreement shall continue only it expires.

Acceptance: This Agreement is accepted by the Customer by way of an acceptance return mail on the mail where this Agreement was attached with the following wording or a wording to the same effect: “Hereby accepted” or by using a “checking the box” functionality in the order form referencing these terms.

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