Morphic Terms of Service

These Terms of Service govern the provision and use of the Morphic downloadable software (“Software”) and service (“Service”) provided by Raising the Floor-U.S. Inc.  The software is available to all users whether they register for a Morphic account or use the software without registration, whereas the Service (creation of custom MorphicBars or storage of preferences and application of them to other computers) is used only by people who sign up for a Morphic account.    

1.   Morphic Overview

 1.1 General

        Use of Morphic without signing up for a Morphic Account

  • The Morphic program with its basic MorphicBar is free to download and use without setting up a Morphic Account.  
  • You are only required to sign up for a Morphic Account if you want to store some information in the secure Morphic cloud so that you can use it on other computers, or if you want to create a custom MorphicBar for yourself or for another person.

 

        Registering for any Morphic Account 

  1. Is free of charge.
  2. Allows you to store (save) the setup (settings) of your computer.
    • This includes the settings of
      • your accessibility and usability related features on your computer.
      • your assistive technologies (if you use assistive technologies).
    • These settings are saved to a secure location in the Morphic Cloud.
    • The saved setup(s) can then be used to apply your settings to other computers that have Morphic installed on them (e.g. at library, school, community center, work, etc.).
  3. It also allows you to give permission to other people to create and manage a MorphicBar for you if you would like this.

     

       Registering for a Morphic Plus Account

  1. Gives you all the benefits described in 1 above.
  2. In addition, you can:
    • create and save multiple custom MorphicBars for yourself.
      • These will appear on any computer that has Morphic installed on it when you sign into Morphic on that computer.
    • create custom MorphicBars for others.
      • These will appear on any computer (with Morphic on it) that the other person uses (and signs into Morphic on). (After they accept the MorphicBar and set up a Morphic account. See above.)
      • The most common use of this is to add a MorphicBar to the personal computer of another person who has trouble using the computer otherwise.

     Morphic Enterprise Installations

  1. Provide the benefits in #1 and #2 above.
  2. Allow enterprises to add 3 custom buttons to the “Basic” MorphicBars on their computers.  These 3 buttons can be different for different locations or groups of computers at an enterprise. 

 

1.2 Creating Custom MorphicBars

Custom MorphicBars are created using the online MorphicBar Customization Tool.  In this tool you can create MorphicBars for yourself – or you can invite others to allow you to make MorphicBars for them.  https://custom.morphic.org

 If creating a MorphicBar for another person, you would use the Customization Tool to send them an email inviting them to accept your custom MorphicBar (and to register for a Morphic Account if they don’t already have an account).  When they accept your invitation – your customized MorphicBar is downloaded and appears on their computer.

 If you create a MorphicBar for another person – only you can make changes to it. If they want changes made, they will have to request that you change the MorphicBar for them in your Account (using the MorphicBar Customization Tool).   To make changes to their own MorphicBars they would need to have their own Morphic Plus account.

 If another person created a MorphicBar for you on their account, that is an agreement between the two of you. Raising the Floor-US does not track or represent the activities of the other person who is managing your MorphicBar, and Raising the Floor-US expressly disclaims any liability for the actions of those individuals managing MorphicBars for you.  If you are unable to get them to make changes on your behalf, then your sole remedy is to uninstall the custom MorphicBar.  You can also register for your own Morphic Plus account which will allow you to create and manage your own MorphicBars.

1.3  MorphicBar invitations

Morphic enables Morphic Plus subscribers (and Morphic Enterprise subscribers) to email invitations to others to manage one or more MorphicBars for them. These invitations include a link to download the Morphic software and use a custom MorphicBar created by the subscriber. The link to download the Morphic software will be located at https://morphic.org. RAISING THE FLOOR – US does not endorse people sending unsolicited email invitations to others, nor the use of links to web pages other than https://morphic.org to install the Morphic software. 

2.   Terms of Acceptance 

If you are creating custom buttons for yourself, you bear complete responsibility for the buttons you create for yourself. 

If you are creating MorphicBars and custom buttons for others, you play an important role in assisting those people with their unique interests in Morphic software.  It is equally important that you understand and agree to these terms, as they govern your use of the MorphicBar Customization Service in Morphic and the MorphicBar Customization Tool that allows you to create and manage MorphicBars for others (hereinafter referred to as “Service”).  If for any reason you disagree with any of the terms below, then you must not register or use the Service.   It is also imperative that you understand that these terms are subject to a Binding Arbitration Agreement. 

BY REGISTERING AND USING THE MORPHIC AND THE MORPHICBAR CUSTOMIZATION TOOL, YOU AGREE TO THAT DISPUTES BETWEEN YOU AND RAISING THE FLOOR, (d/b/a ‘Morphic’) WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

  3.   Eligibility

You may register and use the Service only if you are 13 years or older.

In order to use the preference, customization or AT-on-Demand Services of Morphic, you must create an Morphic account.  With a Morphic account you may use the Service to store and apply your settings, use the AT-on-Demand service where it is available and create, develop and manage custom MorphicBars that can be made available to others via, and used with Morphic. To use these Morphic  services you have to provide us with sufficient information to allow us to identify your account from other accounts. You’ll notify us immediately of any unauthorized use of your Account and you’re responsible for all activities that occur under your Account, whether or not you know about them. 

4.   Privacy Policy

RAISING THE FLOOR takes privacy seriously. We do not collect personal identifying information unless you specifically sign up for a service that requires us to save your information for you in order to provide the Service, in which case we will describe this when you sign up.  If you use our service, you agree that the collection, use, and disclosure of any of your information associated with the service will be in accordance with Raising the Floor’s Morphic Privacy Policy available at our website https://morphic.org/product-privacy-policy.

 

5.   Restrictions on use of the Service

  Customer shall not, and shall not encourage any third-party to:       

  • Post, transmit, or otherwise make available, through or in connection with the Service anything that is or may be:
    • unlawful, threatening, harassing, degrading, abusive, hateful or intimidating;
    • defamatory; libelous or invasive of another’s privacy;
    • fraudulent or tortious;
    • vulgar, obscene, indecent, sexually explicit, pornographic or otherwise objectionable;
    • protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right; or
    • a virus, worm, Trojan Horse, easter egg, time bomb, spyware, cancelbot, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
    • an unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme”, survey, contest, or investment opportunity;
    • any other form of solicitation, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);
    • Material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  • Use the Service to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information, including email addresses, about users of the Service.
  • Harm minors in any way.
  • Impersonate any person or entity, including without limitation any of our officials, forum leaders, guides or hosts; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make.
  • Interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available; or violate any requirements, procedures, policies, or regulations of such networks.
  • Restrict or inhibit any other person from using the Service, including without limitation by hacking or defacing any portion of the Service; or disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service or an Interactive Forum are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.
  • Use the Service to distribute or otherwise publish or post any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services without our express prior written consent; or use the Service in a commercial manner, unless otherwise expressly allowed by Morphic.
  • Use the Service to distribute or otherwise publish or post any material that is pornographic, obscene, contains hate speech, is racist, promotes or encourages violence, is illegal or promotes illegal behavior, violates anyone’s intellectual property rights, or is otherwise offensive or inappropriate as determined in Morphic’s sole discretion.
  • Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of or access to the Service.
  • Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the Service any directory of Morphic’s users or usage information or any portion thereof other than in the context of your use of the Service as permitted under these Terms of Service.
  • Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
  • Remove any copyright, trademark or other proprietary rights notice from the Service or Content or Materials originating from the Service.
  • Frame or mirror any part of the Service or Software without our express prior written consent; or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Materials transmitted through the Service.
  • Create a database by systematically downloading and storing content from the Service.
  • Intentionally or unintentionally violate any applicable local, state, national or international law.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Content or Materials from the Service or reproduce or circumvent the navigational structure or presentation of the Service.
  • Engage in any other conduct which, in Raising the Floor – US’s sole discretion, is considered inappropriate, unauthorized or objectionable.
  • In order to permit us to protect the quality of our products and services, you hereby consent to Raising the Floor-US employees and representatives being able to access your account and records for any reason, in our sole discretion. We also reserve the right, but do not assume the responsibility, to monitor or review your conduct while using the Service. Your use of the Service is subject to all applicable local, state, national and international laws and regulations.

6.   License

6.1  Licensed Software. Subject to Customer’s compliance with the terms and conditions of this Agreement, Raising the Floor – US hereby grants Customer a perpetual, revocable, non-exclusive, non-transferable, non-sub-licensable license to download, install, and use the Licensed software, solely in machine-readable format (source, object code or other format), and solely for Customer’s internal personal or business purposes.

6.2  Open Source Software. The Licensed Software may be provided with certain Raising the Floor – US or third-party software that is distributed or otherwise made available as “free software”, “open source software” or under a similar licensing or distribution model (“Open Source Software”). Copyrights and other proprietary rights to the Open-Source Software are held by the copyright holders identified in the applicable third-party notices, about or source files, and must be retained in any use.

7.   Use of Software or Service

Customer assumes sole responsibility for determining the appropriateness of the Software or Service for achieving the intended results. Customer further assumes sole responsibility and all risk for the installation and use of the Software, and all results obtained from such installation and use of Software and Service. Customer assumes complete responsibility for the selection, installation, use, and placement of any hardware in which Customer uses the Software. As noted below, Raising the Floor – US  does not warrant that the Software or Service are suitable for Customer’s particular purpose or use. Customer’s use of the Software and Service must be consistent with the installation instructions and use requirements.

8.   Restricted Activities

Customer shall not, and shall not encourage any third-party to:         

8.1   Distribute, license, sublicense, lease, rent, loan, or otherwise transfer the Licensed Software or Service to any third-party except as allowed by the open-source license;

8.2   Remove, alter, or obscure in any way the copyright, trademark or other legal notices;

8.3   Use the Licensed Software or Service as is for the purpose of creating a product or service competitive with the Licensed Software;

8.4   Use the Licensed Software or Service other than as described in the provided documentation, or for any unlawful purpose.

9. Ownership of Licensed Software

Raising the Floor – US and any parent companies, affiliates, subsidiaries divisions or other licensors own and retain all right, title, and interest, including all intellectual property rights, in and to the Licensed Software, including any improvements, modifications, and enhancements to it. Except for the rights expressly granted in this Agreement, Customer shall acquire no other rights, express or implied, in or to the Licensed Software or any other associated copyrighted works, and all rights not expressly provided to Customer hereunder are reserved by Raising the Floor – US and its licensors.  All the copies of the Licensed Software provided or made available hereunder are licensed, not sold.

10. Trademark

The name Morphic is a registered trademark of Raising the Floor – US. Any use of Morphic or any derivative or variation to refer to anything other than the Raising the Floor – US software and services is forbidden without the express written permission of Raising the Floor. You agree that you will not use any trademark or service mark of Raising the Floor – US in any manner that is likely to cause confusion among consumers.

11. No Warranties

CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT ALL USE OF THE LICENSED SOFTWARE OR SERVICE IS AT CUSTOMER’S SOLE RISK AND THAT THE LICENSED SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE.” MORPHIC, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE LICENSED SOFTWARE OR SERVICE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TOGETHER WITH ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE IN TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RAISING THE FLOOR – US OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RAISING THE FLOOR – US, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT: (A) CUSTOMER’S USE OF THE LICENSED SOFTWARE OR SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, OR (B) CUSTOMER’S USE OF THE LICENSED SOFTWARE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL EXCLUDE OR LIMIT MORPHIC’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT THE LICENSED SOFTWARE OR SERVICE IS NOT DESIGNED, INTENDED OR WARRANTED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, OPERATION OF ESSENTIAL SERVICE UTILITIES, SAFETY FACILITIES, COMMUNICATION SYSTEMS, MEDICAL LIFE SUPPORT OR MILITARY EQUIPMENT.

12. Limitation of Liability

IN NO EVENT SHALL RAISING THE FLOOR – US BE LIABLE FOR ANY LOST PROFITS, REVENUE, OR DATA, INTERRUPTION OF BUSINESS OR FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES OF ANY KIND, AND WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN.

13. Term and Termination.

These Terms of Use shall be effective from the date in which the Software is downloaded, used, or used on-line and extend indefinitely until terminated by Raising the Floor – US, and these Terms of Use shall immediately terminate concurrently with the termination. You may terminate the License at any time by removing or destroying all copies of the Software (including all copies of any instructions or other documentation), regardless of the form, in your possession or control. In addition, this License is immediately terminated in the event you fail to comply with any term or condition of this EULA, whether or not Raising the Floor – US has knowledge of your failure to comply.

14. Governing Law, Jurisdiction and Venue.

For enterprise installations in the United States, Canada, or any North American First Nation, any litigation relating to this software license may only be brought in the courts of a jurisdiction where the Complainant or Defendant maintains its principal place of business, and such litigation shall be governed by laws of that jurisdiction, without reference to its conflict-of-law provisions.

For all other installations the laws of the District of Columbia without reference to its conflict-of-law provisions shall apply to any litigation relating to this software license.

15. Waiver.

No failure or delay by either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder.

16. Severability.

In the event that any one or more of the provisions of these Terms of Use are held to be invalid or otherwise unenforceable, the enforceability of the remaining provisions shall be unimpaired and enforced to the full extent permitted by law.

17. Entire Agreement.

These Terms of Use constitutes the entire agreement between Customer and Raising the Floor – US related to the Software and supersedes all prior or contemporaneous agreements, proposals, negotiations, representations, and communications between the Parties related to the Software.

We may modify these Terms at any time, at our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Morphic.org website or through other communications. If you continue to use the Services, you are indicating that you agree to the modified Terms. We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

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