Common use of Introduction and Overview Clause in Contracts

Introduction and Overview. Welcome! You are interacting with our Symphony Classroom Solution (defined below), which is owned and operated by ▇▇▇▇▇▇ Mind, Inc. (collectively, “▇▇▇▇▇▇ Mind,” “we,” “our,” or “us”). These Terms of Use (“Terms”) govern your use of any of our offerings that comprise the Symphony Classroom Solution or references these Terms. You are a teacher, school official, instructor or IT administrator employed by or acting under the control or supervision of an educational institution (including, where applicable, a local education authority, free school, academy or educational trust) that has purchased and is making available the Symphony Classroom Solution for use in teaching environments at the institution’s location pursuant to a separate licensing arrangement between it and ▇▇▇▇▇▇ Mind. The “Symphony Classroom Solution” is designed to help teachers facilitate classroom tasks, such as managing classroom applications (like web browsing and presentations) and devices (like laptops and monitors/smart boards), in an effort to enhance the teacher’s ability to focus on instruction, proficiently use classroom technology and move as desired throughout the classroom. Because the Symphony Classroom Solution is capable of receiving and processing voice audio commands, certain uses or deployments of the Symphony Classroom Solution must be in accordance with applicable laws, including applicable Data Protection Legislation and with any necessary Consents (as defined below). Consequently, you may use the Symphony Classroom Solution only as authorized in these Terms. Certain functionality of the Symphony Classroom Solution requires your Institution to obtain one or more subscriptions from ▇▇▇▇▇▇ Mind. Please check with your Institution to see the Subscription status for certain elements or components of the Symphony Classroom Solution. These Terms constitute a written agreement between you and us, and they govern your use of the Symphony Classroom Solution. Specific provisions may apply or not apply to you based on whether your Institution is located in the United Kingdom or the United States; any such provisions will be clearly marked and the remainder will apply to you regardless of the location of your Institution. Your use of the Symphony Classroom Solution constitutes your acceptance of these Terms. If you do not agree with these Terms, do not use the Symphony Classroom Solution. You represent (a) that you are of a legal age sufficient to agree to these Terms in accordance with applicable law, (b) are authorized by your education institution to enter into this agreement with us; (c) have read, understood, and agree to be bound by these Terms and (d) and acknowledge the Symphony Classroom Solution Privacy Policy, as amended from time to time.