EXHIBIT: REMARK BUBBLE READER SOFTWARE SUPPLEMENT
Additional Definitions. “Bubble Reader Software” means the object code version of the software provided to PowerSchool by Gravic, Inc. (“Remark Bubble Reader”) and identified under the name “Remark Bubble Reader” in Exhibit B, herein.
- Ownership. Remark Bubble Reader is the owner of the Bubble Reader Software.
- Restrictions on Use of Bubble Reader Software. Customer’s use of the Remark Bubble Reader Software is subject to the following additional terms and conditions:
- Customer has the right to use the Remark Bubble Reader Software only in Object Code form, and only with the PowerSchool Licensed Software.
- Customer acknowledges that the Remark Bubble Reader Software is proprietary to Remark Bubble Reader and is supplied by PowerSchool under license from Remark Bubble Reader. Title to the Remark Bubble Reader Software shall at all times remain vested in Remark Bubble Reader or its designated successor. Except for the right of use that is expressly provided to Customer under the Agreement, no right, title or interest in or to the Remark Bubble Reader Software is granted to Customer;
- Customer agrees that Remark Bubble Reader shall not be liable for any indirect, incidental, special, or consequential damages, arising from the Customer’s use of the Remark Bubble Reader Software or related materials;
- Customer acknowledges and agrees that Remark Bubble Reader is a third party beneficiary of this Agreement;
- Customer acknowledges and understands that the Remark Bubble Reader Software may only be used by the number of users for the specific functions for which the license has been granted. The license is restricted to named users, employees of PowerSchool or a third party under contract with PowerSchool or an End-User using the Remark Bubble Reader Software in conjunction with licensed Component System to create learning modules and courses, documentation and help files for internal use by Customer or PowerSchool.
- The warranty provided in this Agreement applies to Remark Bubble Reader Software.
- PowerSchool shall be responsible for installation, initial training, support and first level problem shooting for Customer.