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LIABILITY WAIVER AGREEMENT


PLEASE REVIEW THESE TERMS OF USE CAREFULLY. BY CLICKING “SUBMIT,” OR BY CONTINUING TO USE THIS APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS SET FORTH BELOW. IF YOU ARE USING THIS APPLICATION ON BEHALF OF A THIRD PARTY, YOU HEREBY REPRESENT THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS ON BEHALF OF THAT ENTITY.

Thomas Edison State University licensed software (TESU software) has been or is about to be downloaded to your computer to allow a remote control session between an operator and a computer or computers on your network. You are authorizing a remote operator to download the TESU software to your computer and you understand that the permitted operator will have partial or full unrestricted access to the computer or computers on your network, as well as the contents on your network. The operator will then be able to transfer files without additional authorization from you. If you are in any way unsure about the identity, technical ability or trustworthiness of the operator about to download the TESU software and do not wish the operator to have access to your computer, do not click “SUBMIT”. This Agreement does not grant any rights to you in the TESU software and you agree not to use, copy, modify, enhance, merge, reverse engineer, reverse assemble, decompile, or in any way alter the TESU software or any copy, adaptation, transcription, or merger portion thereof or otherwise attempt to derive source code therefrom. You also hereby acknowledge and agree that Thomas Edison State University may verify the use of the TESU software through online verification procedures which may include support session time logging. In addition, you acknowledge that the TESU software provides for trouble support notification to Thomas Edison State University in the event of a TESC software failure.

In no circumstances shall the University, its employees, officers or agents, or the State of New Jersey be liable for any direct, indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including without limitation system damage, or loss of data, privacy revenue, profits, use or other economic advantage) arising out of, or in any way connected with, (i) the downloading of the TESU software onto your computer, (ii) the remote control services provided by the operator(s), (iii) any interruption to use of the remote control service, or (iv) any content obtained from or through the remote control service.

You further agree that the remote control service is provided “as is,” without warranty of any kind. You assume the risk of using this service. This Agreement is governed and construed in accordance with the laws of the State of New Jersey, with venue and jurisdiction in a court located in Mercer County, New Jersey, without regard to conflict of laws principles.