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To change your password:

  1. Sign in to your WebStore (if you are not signed in already).
  2. Click the arrow beside your username (top-right corner), and then click Your Account/Orders.
  3. Go to the Change Password tab.
  4. Enter your current password in the Current Password field.
  5. Enter your new password in the New Password and Confirm Password fields.
  6. Click: Save.

Important If you sign in to your WebStore through your organization's sign-in portal, then the password for your account is managed by your organization, and the above procedure will not work. Sign in to your organization's website, or contact your organization's Helpdesk or IT department to change your password.

To edit your account information:

  1. Sign in to your WebStore (if you are not signed in already).
  2. Click the arrow beside your username (top-right corner), and then click Your Account/Orders.
  3. Go to the Account Information tab.
  4. Make all necessary changes to your account information.
  5. Click the Save button.

To register on this website by submitting proof of your eligibility:

  1. Click the Sign In link near the top of the page.
  2. Click the Register link on the Sign In page.
  3. Select the option: By submitting proof of your academic affiliation (e.g. a student ID or report card) via upload or fax, and then click: Next.
  4. Follow on-screen instructions and fill out any forms to which you are directed to complete the registration process.

You will be given a choice between uploading a scanned image of your proof and sending your proof by fax.

If you choose to submit your proof by fax:

  1. Print a copy of your completed registration form to fax along with your proof. (Note that you must still submit this form electronically as well.)
  2. Send the fax to: 1-866-469-7512.

Important Notes:

  • Your proof must show your full name, a date indicating current enrollment/employment, and the name of your school.
  • Your proof file must be in .GIF, .JPG, .BMP, .PNG or .PDF format, and the file must be less than 2MB.
  • Please allow two business days for your proof to be verified after you submit it. You will receive email confirmation when this verification is complete. Orders for certain products may be placed on hold until this verification is complete.

To register on this WebStore:

  1. Click the Register link in the top-right corner of the page.
  2. If you are presented with a list of registration options, select how would you like to register and then click Next.
  3. Follow on-screen instructions and fill out any forms to which you are directed to complete the registration process.

Note: Registration options vary by WebStore. Possible options include:

  • Providing an active email address issued by an educational institution recognized by Kivuto’s system,
  • Faxing or uploading physical proof of your association with your institution (e.g. a student card or pay slip),
  • Entering a registration code (if you were issued one), and
  • Activating an account that a WebStore administrator created for you.

See the Help topics specific to the registration methods available on your WebStore for more detailed instructions.

If an account on this WebStore was created for you, follow the steps below to register the account.

Note: If you received an email containing a link to finalize your registration, you can click that link and skip straight to step 5. To ensure delivery of our system emails, make sure that noreply@kivuto.com is added to your email white list.

  1. Click the Sign In link near the top-right corner of the page.
  2. Click the Register button.
  3. If you are prompted to choose how you wish to register, select the option: By activating an account that has already been created for you.
  4. Enter the Username that was provided to you when your account was created, and then click Continue.
  5. Fill out the form to which you are directed to complete your registration.

If you have an active email address issued by a recognized educational institution, you can register on this site using that email address.

To register on this website with your school email address:

  1. Click the Register link in the top-right corner of the page.
  2. If you are presented with multiple options for how to register, select: With an organization-issued email address (e.g. a ".edu" address).
  3. When prompted, enter your school email address in the Organization-Issued Email Address field and click Continue.

Note: The email address you register with must have been issued by an educational institution recognized by the system. If your school’s email domain is not recognized, you’ll be given the option to request that it be added to the system. Note that some subdomains of school-issued accounts (e.g. @yourschool.alumni.com) may not be eligible.

  1. Click the embedded link in the registration email that is sent to your account to verify your email address and finalize your registration. Check your Junk Mail folder if the email does not arrive.

To sign in to your account:

  1. Click the Sign In link near the top-right corner of the page.
  2. Enter your Username and Password.
  3. Click the Sign In button.

If you registered your account using the “Submit Proof” option, but you did not submit your proof of eligibility at that time, you can submit your proof at any time after you register.

To submit proof of your eligibility after you register:

  1. Sign in to your WebStore (if you are not signed in already).
  2. Click the arrow beside your username (top-right corner), and then click Your Account/Orders.
  3. Go to the Eligibility tab.
  4. Click the Request Additional Eligibility button.
  5. Select the option: By submitting proof of your academic affiliation (e.g. a student ID or report card) via upload or fax, and then click Next.
  6. Follow on-screen instructions and fill out any forms to which you are directed.

You will be given a choice between uploading a scanned image of your proof and sending your proof by fax.

If you choose to submit your proof by fax:

  1. Print a copy of your completed registration form to fax along with your proof. (Note that you must still submit this form electronically as well.)
  2. Send the fax to: 1-866-469-7512.

Important Notes:

  • Your proof must show your full name, a date indicating current enrollment/employment, and the name of your school.
  • Your proof must be in .GIF, .JPG, .BMP, PNG or .PDF format, and the file must be less than 2MB.
  • Please allow two business days for your proof to be verified after you submit it. You will receive email confirmation when this verification is complete. Orders for certain products may be placed on hold until this verification is complete.

You can reset a forgotten password or recover a forgotten username from your WebStore’s Sign In page.

Note: If you access your WebStore through your school’s central sign-in portal, contact your school Helpdesk or IT department to change your username/password instead of following the steps below.

To reset your password:

  1. Click the Sign In link at the top-right corner of the page. You’re directed to your WebStore’s Sign In page.
  2. Click the Forgot username or password? link on the Sign In page.
  3. Do one of the following:
    • To reset your password: Enter your username in the field you’re directed to, and click Submit. A link to reset your password will be emailed to you.
    • To recover your username: Enter your email in the field you’re directed to, and click Submit. A list of usernames associated with that email address will be emailed to you.

Valid submissions include student/employee id cards, official letters from the institution, paystubs, etc. The submission must be current to this semester.

When submitting proof of your affiliation with your institution, ensure that your name, the name of your institution and a date that indicates current enrollment or employment at the institution are all clearly visible in the document/image.

To register on your WebStore, you must prove that you are affiliated with the organization that manages your WebStore (or an organization that is eligible to use it). Your account is placed in "Pending Verification" status during the period after you have submitted your proof and before that proof has been verified.

If you proved your affiliation by providing an organization issued email address, a registration email will be sent to the email address you provided, containing a link and instructions for finalizing your registration. Your account will remain in Pending Verification status until the instructions in the email have been followed. If you did not receive the email, ensure the email address noreply@kivuto.com is on your white list and check your junk email folder.

If you proved your affiliation using the submit proof option (i.e. scanning and emailing/faxing physical documentation that proves your affiliation), your account will be placed in Pending Verification status until your proof has been reviewed to ensure that it meets all requirements. This may take 1 to 2 business days.

Note: Your WebStore may not offer both of the registration options described above.

Important: You may still be allowed to place a software order while your account is pending verification; however, you will not have access to any software that you order until the verification has been finalized. Failing to provide/submit proof within 7 business days will result in the cancelation of your software order. See Why did my account expire? for more information.

Your eligibility to order software on your WebStore expires after a fixed duration. However, if you still meet all of your WebStore's eligibility requirements (i.e. if you are still a member of an organization that is authorized to use the WebStore), you can request additional eligibility to extend or expand your ability to order software.

To request additional eligibility:

  1. Sign in to your WebStore (if you are not signed in already).
  2. Click the arrow beside your username (top-right corner), and then click Your Account/Orders.
  3. Go to the Eligibility tab.
  4. Click the Request Additional Eligibility button.
  5. Choose how you would like to verify your eligibility. Depending on your WebStore, your options may include:
    • Providing an active email address that was issued by your organization,
    • Faxing or uploading physical proof of your association with your organization (e.g. a student card or pay slip),
    • Entering a registration code (if you were issued one), and
    • Activating an account that a WebStore administrator created for you.
  6. Click the Continue button.
  7. Follow the on-screen instructions to continue through the registration process.

You can request additional downloads by clicking the Contact Us link at the bottom of the Help page.

Ensure that you provide your full name and email address along with your order number.

Your eligibility to order products is determined by what kind of user you are (e.g. student, faculty or staff) and on what organization(s) you belong to.

To view your eligibility:

  1. Sign in to your WebStore (if you are not signed in already).
  2. Click the arrow beside your username (top-right corner), and then click Your Account/Orders.
  3. Go to the Eligibility tab. The following information is displayed:
    • The user group(s) you belong to
    • The organization(s) you belong to
    • How your account was verified
    • Your current verification status

To verify your eligibility for a product:

  1. Sign in to your WebStore (if you are not signed in already).
  2. Hover your cursor over the image of the product, and click the View Details button.
  3. Click the Are you eligible? link. A list of eligibility requirements is displayed.

To view your previously ordered items:

  1. Sign in to your WebStore (if you are not signed in already).
  2. Click the arrow beside your username (top-right corner), and then click Your Account/Orders.

Your order history will be displayed in sequence with the most recent order you placed at the top of the list.

Yes, it is possible to email a copy of your invoice to yourself or some other recipient(s).

To send a copy of your invoice via email:

  1. Sign in to your WebStore (if you are not signed in already).
  2. Click the arrow beside your username (top-right corner), and then click Your Account/Orders. You are directed to a list of your previous orders.
  3. Click the View Invoice button next to your order. You are directed to your Order Invoice.
  4. Click the Send Invoice button under Order Summary.
  5. Enter the email address(es) to which you want your receipt sent in the Email address field. If you are sending to multiple recipients, use a comma to separate the email addresses.
  6. Click the Send button.

Note: The Email order receipt button is only visible once the order has been finalized and all product keys / activation codes / license numbers have been retrieved and issued. To ensure delivery of our system emails, make sure that noreply@kivuto.com is added to your email white list.

The Access Guarantee option makes it possible to re-download software you have ordered and view any product key(s) issued with it for 31 days after you order the software (or 24 months, if you opt for the Extended Access Guarantee). This can be very useful if you ever have to reinstall a piece of software you have ordered.

In most cases you will receive the Basic Access Guarantee free of charge with your order and will have the option of upgrading to the Extended Access Guarantee during the checkout process. For details about each option, see: What is the difference between Basic Access Guarantee and Extended Access Guarantee?.

 

Note:

  • The Access Guarantee option does not extend the duration of your license. If you purchased a six- or twelve-month rental or trial software, your license will still expire in the expected timeframe.
  • The Access Guarantee option provides access only to the download links and keys issued with your order. It does not mean that you will be able to download and install the software an unlimited number of times using the same key.
  • The Access Guarantee option is not available on all WebStores.

To view the status of your Access Guarantee:

  1. Sign in to your WebStore (if you are not signed in already).
  2. Click the arrow beside your username (top-right corner), and then click Your Account/Orders.
  3. Click the View Details button next to the order to which your Access Guarantee applies.
  4. You are directed to your Order Details page. The number of days remaining in your Access Guarantee is displayed next to each item the guarantee applies to.

Access Guarantee Retrieval is a service you can purchase, if eligible, for a small fee that allows you to recover your download(s) and/or key(s) after access has expired. After purchase, you will gain another 60 days of access to any expired product in your order.

Once your access expires, you will no longer have access to your download(s) and/or key(s). By purchasing the Access Guarantee Retrieval Service (if available), you will be able to restore access to all expired download(s) and/or key(s) on an order for an additional 60 days for one flat rate.

If you purchase the Extended Access Guarantee or the Access Guarantee Retrieval Service, all eligible items in your order are covered. Regardless of the number of items in your order, you will only pay one fee to upgrade to Extended Access Guarantee or to retrieve access.

Basic Access Guarantee is included with most orders by default, free of charge. It allows you to re-download software and view product keys for 31 days after you order the software.

Extended Access Guarantee allows you to re-download software and view product keys for 24 months after you order the software. It can be ordered for a small fee.

Notes:

  • Under certain circumstances, the Extended Access Guarantee may be included in your order free of charge in place of the Basic Access Guarantee. Check your Order Receipt if you are unsure what kind of Access Guarantee applies to an order you placed.
  • The Access Guarantee option provides access only to the download link(s) and key(s). It does not mean that you will be able to download and install the software an unlimited number of times using the same key.
  • The Access Guarantee option does not extend the duration of your license. If you purchased a six- or twelve-month rental or trial software, your license will still expire in the expected timeframe.
  • Some software can be installed on a limited number of machines (e.g. operating systems). Access Guarantee does not cancel out that limitation.
  • The Access Guarantee option is not available on all WebStores.

You can apply the Extended Access Guarantee to an order while placing the order. You can also apply the Extended Access Guarantee to an order you have already placed, so long as the Basic Access Guarantee included with that order is still valid. Once applied, the Extended Access Guarantee will provide two years of access to all software and product keys from the order.

Note: Some programs automatically apply the Extended Access Guarantee to all orders. Unless you belong to one of these programs, you will be charged a small fee for the Extended Access Guarantee.

To purchase the Extended Access Guarantee while placing an order:

  1. Sign in to your WebStore.
  2. Add the products you need to your Shopping Cart.
  3. Open your Shopping Cart and click the Add to Cart button next to “Extended Access Guarantee (24 months)”. This is found under the heading “Recommended for You”.
  4. Click the Check Out button to check out with your order. When you finish checking out, your order is placed, and the Extended Access Guarantee is applied to it, providing two years of access to your software and product keys.

To apply the Extended Access Guarantee to an existing order:

  1. Sign in to your WebStore.
  2. Click the arrow beside your username (top-right corner), and click Your Account/Orders. You’re directed to a list of your previous orders.
  3. Click the View Details button next to the order to which you want to apply the Extended Access Guarantee. You’re directed to the Order Details page for that order.
  4. Click the Add button next to “Extended Access Guarantee (24 months)”.

Note: If there’s more than one item in the Recommended for You section of the page, you’ll need to click the Add button before you can click Buy Now.

  1. Click the Buy Now button to check out with your order. When you finish checking out, the Extended Access Guarantee is applied to your order, providing two years of access to your software and product keys.

Yes. If you’ve lost access to an order because your Basic Access Guarantee or Extended Access Guarantee has expired, you can temporarily restore access by purchasing Access Guarantee Retrieval.

To order Access Guarantee Retrieval:

  1. Sign in to your WebStore.
  2. Click the arrow beside your username (top-right corner), and click Your Account/Orders. You’re directed to a list of your previous orders.
  3. Click the View Details button next to the order you want to restore access to. You’re directed to the Order Details page for that order.
  4. Click the Buy Now button next to Access Guarantee Retrieval.

Note: If there is more than one item in the Recommended for You section of the page, you will need to click the Add button before you can click Buy Now.

  1. Follow the on-screen instructions to complete your order for Access Guarantee Retrieval. There is a fee for ordering Access Guarantee Retrieval, so you’ll need to provide payment information.

When you finish ordering Access Guarantee Retrieval, your access to all download links and product keys issued with the order will be restored for 60 days.

The Secure Download Manager (SDM) is a program for downloading files securely from your WebStore. When you download software from a WebStore that uses the SDM, you will be prompted to download and install the SDM to your computer.

The SDM provides a secure, effective and efficient way to download software, especially for files that are too large for some browsers to download.

Features

  • Resumes unfinished or interrupted downloads from the place where they left off
  • Simple installation wizard
  • Multiple files can be downloaded at the same time
  • Lets you decide when to download what
  • Easily handles large files (bigger than 2 GB)
  • Ensures your files are secure by using encrypted data
  • Downloads quickly in just one click

For more details about the SDM, click the Help icon on the Download Instructions page or the Need Help? button in the SDM window.

To download software with the Secure Download Manager (SDM):

  1. Sign in to your WebStore (if you are not signed in already).
  2. Place your order for software. You are directed to your Order Details page when the order is complete.
  3. Click the Download button. The Download Instructions page is displayed.
  4. Click the Download SDM button. The SDM starts downloading.
  5. When the SDM has finished downloading, double-click the downloaded file and follow the on-screen prompts to install it.
  6. Click the Download .SDX button on the Download Instructions page. If the SDM does not launch automatically once the .SDX has been downloaded, find and double-click the .SDX file to launch it manually. The SDM window opens.
  7. Click the Start Download button next to each item on your order that you wish to download.

For more details about the SDM, click the question-mark icon on the Download Instructions page or the Need Help? button in the SDM window.

A download is a completely successful downloaded item. You may attempt to download as many times as you want but it will only count as one download when you have successfully completed the download.

By default, you are provided with two downloads, at a minimum, to successfully install the product.

Note: The second download is available as a back-up in case you need to re-install the software.

If you require additional downloads, contact support by clicking the Contact Us link at the bottom of the Help page.

IMG and ISO files need to be “mounted” onto physical media (e.g. a USB or DVD) before they can be used to install software. The instructions below describe how to mount an IMG/ISO file onto a USB flash drive and install your software from it.

To install software from an ISO/IMG file using a USB flash drive:

  1. Download and install the Windows USB/DVD Download Tool (WUDT). This free software is what you will use to mount your ISO file.

    Note: The WUDT only works with ISO files. If you downloaded an IMG file, change the file extension to .iso before you proceed.
     
  2. Insert your USB flash drive into one of your computer’s USB ports.
  3. Open the WUDT.
  4. Click Browse and select your ISO file.
  5. Click Next.
  6. Click USB device.
  7. Click Next.
  8. Select your USB device in the dropdown list.
  9. Click Begin copying and wait while the ISO file is mounted to the USB.
  10. When the ISO file has been mounted, you can install your software with the USB. Depending on the software you downloaded, this may involve:
    • Clicking the file setup.exe in your computer's DVD directory, or
    • Rebooting your computer with the USB inserted.

Note: For a more detailed description of this process, see this document. For instructions on how to mount an IMG/ISO file on a recordable DVD instead of a USB, see this document. Both documents are available in English only.

To download or re-download previously ordered software:

  1. Sign in to your WebStore (if you are not signed in already).
  2. Click the arrow beside your username (top-right corner), and then click Your Account/Orders.
  3. On the Orders & Downloads tab, click the View Details button next to your order for the product that you wish to download.
  4. Click the Download button.
  5. Follow the on-screen instructions to launch your download.

If the progress bar of the download does not seem to be moving after about 15 or 20 minutes, it may be for one of the following reasons:

  • There may be a problem with your network connection. Make sure that your computer is still connected to the Internet.
  • Wireless connections have a minor latency that can cause corruption during transfers. Try connecting directly to your modem or router via a network cable and then restart the download.
  • The account you are using may not be authorized to download software to your computer. Make sure that you are logged in with an account that has administrative privileges.
  • Some networks used at schools or in offices have security programs in place. Try downloading from a different network.
  • If you are downloading with the Secure Download Manager, and the progress bar appears to have frozen during download or unpacking:
    1. Delete your order package (the .SDX file in your Downloads folder with your order number as its name).
    2. Delete the incomplete software (the .SDC file in the folder to which you tried to download the software).
    3. Re-download your order package and re-attempt your software download.
  • Active firewalls, antivirus and antispyware programs can interfere with the download. Try turning off any security programs that you have on your computer.

Note: Disabling antivirus/antispyware software while connected to the Internet or to a local network can create security risks, and may leave your computer vulnerable to attacks. Turn this software back on as soon as possible once you have completed the download.

You can request additional downloads by clicking the Contact Us link at the bottom of the Help page.

Ensure that you provide your full name and email address along with your order number.

As a general rule, you should install 32-bit software if your operating system (OS) is 32-bit, and 64-bit software if your OS is 64-bit.

Note: Most 32-bit software can be run on a machine with a 64-bit OS, but 64-bit software can only run on a machine with a 64-bit OS. If ever in doubt, it is strongly recommended that you install the 32-bit version of your software.

To find out if your computer has a 32-bit or 64-bit OS:

  • For Windows 10 users:
    1. In the Cortana search field, type: "system".
    2. Tap or click System in the search results.
    3. Find your system type under the heading: "System". Your OS will be identified as "32-bit Operating System" or "64-bit Operating System".
  • For Windows 8 users:
    1. Tap or click Search.
    2. In the search field, type: "system".
    3. Tap or click Settings.
    4. Tap or click System.
    5. Find your system type under the heading: "System". Your OS will be identified as "32-bit Operating System" or "64-bit Operating System".
  • For Windows 7 users:
    1. In your computer's Start menu, right-click Computer and click Properties.
    2. Find your system type under the heading: "System". Your OS will be identified as "32-bit Operating System" or "64-bit Operating System".
  • For Windows XP users:
    1. In your computer's Start menu, right-click My Computer and click Properties.
    2. Search the list for "x64 Edition". If that text is present, you have a 64-bit OS installed. If not, you have a 32-bit OS installed.

Windows 8 and Windows 8.1 users sometimes have trouble finding the icon to launch a piece of newly installed software. This is usually because the software's icon gets moved from the Desktop to the Apps menu after installation.

To find newly installed software on the Apps menu in Windows 8 or 8.1:

  1. Press the Start (or Windows) button on your keyboard. If you use Windows 8, you are directed to the Apps screen (go to step 3). If you use Windows 8.1, you are directed to the Start screen (go to step 2).
  2. Windows 8.1 users: Click the downward-facing arrow in the bottom-left corner of the Start screen to reach the Apps screen.
  3. Scroll or swipe right to find the icon for the program you just installed (newly installed programs are added to the end of your Apps list).

The product you ordered will be shipped to you directly, at the address you specify. The following conditions apply:

  • Delivery Information
    • Orders are shipped on a best-effort basis. All delivery times are estimated and EXPECTED TIME OF DELIVERY IS NOT GUARANTEED.
    • Shipping may be limited to specific locations.
    • The courier is unable to take special instructions for shipping. The package may arrive at any time between 8:00 AM and 6:00 PM at the location you specify.
    • Unfortunately, tracking information is not available for deliveries.
  • Refunds, Cancellations and Backorders
    • There are NO REFUNDS on ANY items purchased through this site.
    • We are unable to cancel shipment for any orders as they are processed immediately for faster shipping.
    • You are responsible to ensure that you have read all system requirements and additional product details on the publisher website, prior to making your purchase.
    • You are responsible for any errors made when providing your shipping or billing information during purchase which may result in delays of shipment, and additional shipping costs for replacement, when applicable.
    • Items purchased when on backorder are processed on a first-in, first-out basis when inventory is received. Orders will be shipped only when the order is complete.

First, check your order invoice to ensure that you ordered the correct product.

To view your invoice:

  1. Sign in to your WebStore (if you are not signed in already).
  2. Click the arrow beside your username (top-right corner), and then click Your Account/Orders.
  3. Click the View Invoice button next to an order to see your invoice for that order, or click View Details to view detailed information about the order.

If the product you received does not match what you ordered, contact support by clicking here or on the Contact Us link at the button of your WebStore's Help page.

Note: Kivuto Solutions Inc. is a distributor for some or all products offered on this site. As the consumer, you are responsible for ensuring that the items chosen and the shipping address provided for mail order products are correct. Kivuto Solutions is not responsible for products incorrectly ordered due to similarities in name and/or product explanations. As the end user, you are responsible for determining the version, product name, system requirements and other requirements for any and all product offers prior to completing your order.

There are several different messages that indicate you may have an invalid key which may be displayed.

You will receive the "invalid" error message if:

  • You have a trial version of the software already installed. You must uninstall the trial version first and then install the new software.
  • There was a typo while entering your product key during installation/activation. It is recommended that you copy and paste the product key rather than type it out.

If you still require help, contact support by clicking the Contact Us link at the bottom of the Help page.

When you click the download button, you may see a The Publisher could not be verified. Are you sure you want to run this software? error message if you have anti-virus software installed on your machine. This is a common message to see when trying to run an executable (.exe) file while anti-virus software is running.

If you choose not to run the file immediately, you can save the file to your computer and run the file later.

The process of upgrading to Windows 8.1 depends on what operating system you are upgrading from.

Current Operating System How to upgrade:
Windows 8

Visit www.Windows.com for your free upgrade

Windows 7

See: Upgrading to Windows 8.1: A Guide for Windows 7 Users (available in English only).

Windows Vista / Windows XP
See: I currently run Windows Vista or XP on my computer. Can I upgrade to Windows 8.1?
Mac OS
  1. Order and install desktop virtualization software that lets you run Windows on your Mac (e.g. Parallels).
  2. Order and install the full version of Windows 8.1 for Mac users.

Note: You will lose all Windows settings, apps and personal files during the installation of Windows 8.1 for Mac.

 

Windows Vista, Windows XP, and other earlier versions of Windows cannot be upgraded to Windows 8.1

Windows Vista/XP users must first order and install the full version of Windows 8, then visit www.Windows.com for your free upgrade to Windows 8.1.

Note: You will lose all Windows settings, apps and personal files during the installation of Windows 8. Be sure that your computer meets all necessary system requirements.

What you can keep after upgrading to Windows 8.1 depends on what version of Windows you are upgrading from.

If upgrading from... You can keep...
Windows 8 Windows settings, personal files and most apps.
Windows 7 Personal files only
Windows Vista/XP See I currently run Windows Vista or XP on my computer. Can I upgrade to Windows 8.1?

 

Support for Windows 8.1 is provided by Microsoft. Click here to find Microsoft support contact information for your region.

Note: Your update to Windows 8.1 comes with 90 days of no-charge support from Microsoft. This 90-day period begins when you install and activate Windows 8.1. Telecom or other access fees may still apply.

Purchases made on a WebStore will appear next to the WebStore’s URL on your credit card statement.

If the WebStore’s URL is more than 20 characters long, the charge will appear as from “OnTheHub.com”.

Most ELMS WebStores support payment by Visa, Mastercard and PayPal. Other payment options may be available depending on your location and the type of currency you pay in.

If your account status is verified, your credit card will be charged after you have confirmed you want to buy the displayed software and you have pressed the Proceed with Order button at the end of the checkout process.

If your account status is not verified, your order will remain on hold for seven days until you verify your status with us. If you do not verify your account, the order is cancelled and the pending credit card charge is cancelled.

EFFECTIVE DATE: August 15, 2020

Introduction

This Privacy Policy (“Policy”) explains Kivuto Solutions Inc.’s information practices related to the products or services we provide. References to Kivuto Solutions Inc. (“Kivuto”) in this document also apply to Kivuto’s wholly owned brands Kivuto Cloud, Texidium and OnTheHub. This Policy does not apply to the security or privacy practices of Third Parties who may also receive or collect or receive personal information about your use of our products or services.

By using our products or services, you agree that you have read and understand this Policy in its entirety, and that you are responsible for reviewing updates to this Policy that may be posted from time to time. Kivuto reserves the right to amend this Policy, at its sole discretion, and posting such amended Policy from time to time. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY (INCLUDING ANY AMENDMENTS TO THIS PRIVACY POLICY AS MAY BE MADE FROM TIME TO TIME), PLEASE DO NOT USE OUR PRODUCTS OR SERVICES.

Where Kivuto receives your personal information directly from you, Kivuto acts as a data controller. Where Kivuto receives your personal information directly from your institution, Kivuto acts as a data processor.

The Policy does not impose any limits on the collection, use or disclosure of the following information by Kivuto: (a) aggregate information that cannot be associated with a specific individual, such as demographic statistics about Kivuto customers, or number of visitors and average time spent on a website; or (b) information that is otherwise determined not to be Personal Information pursuant to, or is not regulated by, applicable privacy legislation.

Children’s Privacy
Kivuto does not knowingly accept any Personal Information from or about children without parental or legal guardian consent. Teachers, parents or legal guardians must provide their own information (Personal Information or otherwise), and parents or legal guardians must consent to the collection, use and disclosure of their child's Personal Information in accordance with the terms of this Policy in order for students to participate in our services or acquire our products.

Users must be at least 13 years of age (users within the European Union, please refer to the last sentence within this paragraph) to create an account for Kivuto’s products and services. For products and services offered to K-12 students, Kivuto will either (a) obtain consent from the institution or a parent or legal guardian, or (b) provide the product or services without collecting, using or disclosing personal information (as defined in the Children’s Online Privacy Protection Act (COPPA)), except as permitted by COPPA. If we are made aware or have reason to believe we have received personal information from a child under 13 years of age (Canada and the United States) or a child under 16 (European Union’s General Data Protection Regulation) without legally valid consent, we will take reasonable steps to delete the information as soon as possible.

Kivuto encourages parents, legal guardians, and teachers to spend time with children and to monitor their online activities. Please protect the child's privacy by instructing them to never provide personal information on this website or any other, or within any software registration process, without your permission.

Please click on the links below if you want to jump to each section.

  1. Definitions
  2. Kivuto’s Privacy Principles
  3. What information does Kivuto collect about you?
  4. How does Kivuto collect your Personal Information?
  5. How does Kivuto use your Personal Information?
  6. How can you access, update, or delete your Personal Information?
  7. How does Kivuto collect and use Non-Personally Identifiable Information?
  8. What security measures are in place to protect your Personal Information?
  9. Where will Personal Information be processed?
  10. What is Kivuto’s email policy?
  11. Updates to this policy?
  12. Who can I contact with questions or concerns about this Policy?

1. Definitions

Collection - the act of gathering, acquiring, recording, or obtaining Personal Information from any source, including Third Parties, by any means.

Consent - voluntary agreement by an informed Individual with respect to the collection, use and disclosure of Personal Information for defined purposes. Express consent can be provided directly by the Individual or by an authorized representative (and in the case of a child as referenced under “Children’s Privacy”, above, a parent or legal guardian). Express consent can be given orally, electronically or in writing but is always unequivocal and does not require any inference on the part of Kivuto.

Disclosure - making Personal Information available to a Third Party.

Individual - an individual who: (a) corresponds with Kivuto, including in respect of complaints and applications for employment; (b) enters a contest sponsored by Kivuto; (c) uses, or applies to use, the products or services of Kivuto; (d) is a viewer, reader, subscriber, advertiser or internet user and who is exposed to the media content of Kivuto and about whom Kivuto collects Personal Information.

Information is data that falls into three categories: (a) data that you provide directly to us; (b) data that we receive from a Third Party; and (c) data that we automatically collect, such as from your browser or device. Please see Section 3 - “What information does Kivuto collect about you?” for further details.

Personal Information - information that can identify an Individual directly or indirectly or through other reasonably available means, provided that Personal Information shall not include: (a) business-contact information, such as the name, title or business address or telephone number of an employee of an organization (when such information is used for business purposes); (b) information collected, used or disclosed in the course of journalistic, literary or artistic activities; (c) aggregate information that cannot be associated with a specific Individual, such as demographic statistics about Kivuto customers, or number of visitors and average time spent on a website; or (d) information that is determined not to be Personal Information pursuant to applicable privacy legislation.

Third Party - a person other than an Individual or their agent, or an organization other than Kivuto.

Use - the treatment, handling, and management of Personal Information by Kivuto.

2. Kivuto’s Privacy Principles

Lawfulness, Fairness and Transparency

Kivuto processes your information in a lawful, fair and transparent manner. We will not process your information in a manner that is detrimental, unexpected or misleading to you.

Purpose(s) for Processing Your Information

Kivuto collects both personally identifiable and non-personally identifiable information. We will collect and process your information only for the purposes described in sections 4 and 6 of this Policy.

Data Minimization

Kivuto collects the data that is required to provide you with a service you have requested or to fulfil an order that you have place for a product.

Data Accuracy

Kivuto takes reasonable steps to ensure your data is accurate and up to date. If we discover your data is not accurate or current, we will contact you as required so that we may take the necessary steps to update your data and rectify your records.

Data Retention

In keeping with organizational and legal requirements, Kivuto will store your data only for as long as is necessary to: (a) fulfil the purposes for which your data was collected; and (b) fulfil its legally mandated retention requirements.

Security, Integrity and Confidentiality

Kivuto processes and stores your data in a manner that maintains the integrity and confidentiality of your Personal Information. We take all reasonable technical and organizational measures to protect your data from unlawful processing, accidental damage or destruction, and loss.

Governance

Kivuto has organizational policies and procedures in place that govern how we process and protect the security of your Personal Information and the systems that process your Personal Information. These organizational policies are regularly reviewed and are updated as required.

3. What information does Kivuto collect about you?

Both personally and non-personally identifiable Information about you may be gathered from our websites or products. The type of information collected depends on your actions and interaction with the websites or products. Kivuto collects information from you when you create an account, purchase, download, redeem access codes, use products, use content, submit requests, take notes, or use collaboration features.

Information You Provide Directly to Kivuto

Your information is only collected when you voluntarily submit it on an as-needed basis such as during registration for and ordering of our products and/or services. The types of information we gather may include your academic institution, email address, first and last name, phone number, other relevant contact information, and payment information that is used by our Third Party payment processors (please see section 4 (How does Kivuto collect your Personal Information – Ordering and Billing). We may also collect information about your use of our products or services - information such as user-generated content from notes or highlights, or any other Personal Information you choose to give us when you contact us such as during a customer support interaction. We will gather, use, transfer or disclose personal data only as described in this Policy.

You may choose not to share personal data, however, most of the data we ask you to provide is required in order for us to provide you with the products and/or services you request. If you are unable to provide us with the requested information, we will likely be prevented from providing you with these products and services.

Information We Receive from Third Parties

We receive some information related to your use of our products and/or services from Third Parties which may include, but is not limited to, your educational institution(s), business organizations or their representatives, and other parties with whom we may exchange information.

Information that is Automatically Collected

When you use Kivuto’s products and/or services, make purchases, or generally interact with us, we, and our Third-Party providers may use different technologies, including cookies, to assist in automatically collecting information as follows:

  • Technical data, such as your Internet Protocol (IP) address, country, city, domain name, browser language and type, device type, mobile device identifier, platform type, landing pages, error logs, and other similar information;
  • Usage data, such as information you download, products you use, pages you view, date and time of requests, records of telephone, email or online contact we may have with you, and other such similar information;
  • Cookie data when you visit Kivuto websites – please see section 7 of this Policy for more information about how we use cookies;
  • Data from Third -Party analytics services e.g. Google Analytics to collect and analyze usage information through Cookies or similar tools; to conduct research, audits or reports; to assist in fraud detection; and to provide some system and website features.

We keep your data no longer than necessary and only for the purposes for which it is collected and processed. The retention time depends on: (a) the purpose for which it was collected; (b) the instructions of a controller issued to Kivuto if Kivuto is acting as a data processor; and (c) requirements to comply with applicable laws.

4. How does Kivuto collect your Personal Information?

Collecting Personal Information

Personal Information may be collected during account registration, ordering and billing, during customer service interactions, when you enter a contest or when you use collaboration features in our products. Personal Information is never shared in ways unrelated to the methods described in this Policy (please refer to section 5) without notifying you of the intent beforehand, and also providing you with an opportunity to opt-out or otherwise prohibit such unrelated uses.

Registration

During registration, you may be prompted for your name and email address for authentication and verification purposes. These steps may be necessary to ensure users are properly identified and authenticated as a qualified user. Some offerings and promotions on our websites may be restricted to certain types of users (e.g. students, faculty, or staff) or to members of certain organizations. By providing your email address, and subsequently having your account verified, you may benefit from these offerings and promotions.

Ordering and Billing

When you place an order through one of Kivuto’s sites for a product that is not free, you may need to supply your credit card information. When ordering a product that is physically delivered, you will need to provide the necessary shipping information (e.g. postal address). This information may be required to fulfill your order and/or for export compliance purposes. Your credit card information is not stored on our server; it is passed on to our Third Party credit card processing system for validation. You may also be prompted for your name and email address to create your online receipt and for us to send you order-related emails.

Customer Service

Personal Information may be collected if you report a problem or submit an inquiry to our customer service team(s). A record of that correspondence may be maintained to provide you with an optimal customer service experience.

Entering a Contest or Promotion

Personal Information may be collected from you for entry into contests and similar promotions when you voluntarily choose to participate. All contests have their own terms and conditions which can be viewed on the contest’s page.

Using Collaboration Features

Personal data may be collected when you use collaboration features in our products. An example of a collaborative feature is when you create study notes in a textbook and share those notes with other invited users.

5. How does Kivuto use your Personal Information?

Depending on the product or service you are using, Kivuto uses your Personal Information to:

  • fulfill your orders, and process and collect payments from you;
  • meet our contractual commitments to you;
  • administer your account and respond to your requests;
  • maintain and improve our products and services;
  • provide you with information related to our products and services, including product updates, recommendations or advertising for other products and services, or other information we think you may find useful about our products and services or those of our Third Parties, provided you have indicated that you do not object to being contacted for these purposes;
  • customize content supplied to you based on your use of our products and services;
  • track, evaluate, and analyze individual and aggregate use of our products and services;
  • conduct internal research to better understand your needs and how we can improve our product, service and website offerings;
  • share, publish, or otherwise publicize information about how our products and services may be used, without sharing Personal Information;
  • prevent, investigate and deal with fraud, violations of intellectual property rights and other laws, unauthorized use of products, unauthorized use of your account, and enforcement of our Terms of Use;
  • meet other requirements in relation to our provision of products and services to you, which may include disclosing your Personal Information to our suppliers, subcontractors, agents, solicitors, professional advisers, government regulatory bodies, tribunals, courts of law, and their respective related entities;
  • engage in otherwise reasonable and appropriate activities related to the legitimate business interests of Kivuto.

Kivuto does not sell, trade, or rent your Personal Information to others.

Kivuto does employ other trusted companies to perform certain functions on our behalf, including order fulfillment and delivery, export compliance checks, and credit card processing. These Third-Parties have access to Personal Information needed to perform their functions but are not permitted to use your Personal Information for any other purpose.

Additionally, Personal Information related to a product may be shared with the Third-Party supplier of that particular product, or with our Third-Party partners: (a) for warranty and support purposes, or (b) to enable our Third-Party suppliers and/or our Third-Party partners to provide recommendations or advertising for products and services that may be of interest to you provided you have consented to receive such information. This may include your name, email address, date of your order and product purchased.

Legal Bases for Use of Your Data

Kivuto’s legal bases for using your data are as follows:

  • With your consent; or
  • Where the use of your Personal Information is necessary to perform our obligations under a contract we have with you – for example, to comply with the Terms of Use of our products and services when you register; to fulfill our contract to provide our products and services to you; or
  • Where the use of your Personal Information is necessary for our legitimate business interests or the legitimate business interests of our Third-Parties – for example, to support a product; to provide security for our products; to operate our products; to comply with legal requirements or defend our legal rights; to prevent fraud; or
  • Other grounds as required or permitted by law within the specific context.

6. How can you access, update, or delete your Personal Information?

Accessing and updating Personal Information (Right to Access)

You can request any of the following from Kivuto at any time:

  • Confirmation of whether Kivuto possesses any of your Personal Information;
  • The location(s) where Kivuto is processing your Personal Information;
  • The purpose(s) for which Kivuto is processing your Personal Information;
  • A copy of all your Personal Information in Kivuto’s possession, to be provided in a commonly used, machine-readable format.

To request any of the above information, contact privacy@kivuto.com.

You can also review and make updates to the Personal Information and preferences in your account profile at any time through the Account Information page on your WebStore, provided you are signed-in to your account.

Deactivating an Account

You can have your account deactivated or deleted by contacting privacy@kivuto.com. However, doing so will limit your access to members-only areas of the site. Any purchase history information, however, will remain in protected permanent records.

Deleting Personal Information (Right to Erasure)

You can request the deletion of all the Personal Information Kivuto has collected about you at any time. In the absence of any urgent legal or business reason to retain your Personal Information (e.g. adherence to a law or a contractual obligation), Kivuto will permanently delete or obfuscate all of your Personal Information if you make such a request. Please note that once your data has been erased and for security purposes, the email address with which your account was registered can no longer be used. If you choose to register again, you must use a different email address.

When required, Kivuto will also contact any Third-Parties to which Kivuto passed your Personal Information and ensure that the Personal Information is deleted from the systems and records of those Third-Parties as well.

To request the erasure of your Personal Information, contact: privacy@kivuto.com.

7. How does Kivuto collect and use Non-Personally Identifiable Information?

Kivuto uses technologies like cookies, pixel tags (“pixels”), and local storage to deliver, secure, and understand products, services, and ads, on and off our sites.

Collecting Non-Personally Identifiable Information

Your verification status is collected once you successfully register through any of our verification services. The resulting status is Non-Personally Identifiable Information and is stored in case you need to verify your status again in the future.

Non-Personally Identifiable Information is collected using technology such as cookies. “Cookies” are small pieces of information that are stored by your browser on your local storage. The information collected by this technology is Non-Personally Identifiable only and allows us to optimize your interactions with the website.

Using Non-Personally Identifiable Information

Cookies allow for customer traffic patterns and website usage to be monitored on a general basis to help develop and improve the design, layout, and efficiency of the website. Understanding these patterns allows us to provide more relevant content to you and improve customer relationships. Furthermore, the information collected is used to create targeted communications to offer you a more personalized and customizable experience. Cookies also save you time by remembering your personalized settings.

Note that all information is collected and analyzed in aggregated form only. Check your browser to ensure cookies are enabled for this site to work properly.

Kivuto may use Third-Party advertising technology partners to show you relevant advertisements on websites outside of our network. The advertising technology partner provides us with tracking technology, such as a cookie, which is added to your browser by us. This allows us to show you very relevant ads on their partner websites according to your engagements with this site. If you would like to learn more about this process or even opt-out, please contact us at support@onthehub.com.

How to manage cookies

Browser controls are available to allow, block or delete cookies. To manage the cookies this website and others use, visit the following site for instructions: http://windows.microsoft.com/en-US/windows-vista/Block-or-allow-cookies

Please note that by adjusting your cookie settings, some settings or preferences will no longer be in effect. The usage and functionality of the site will be subject to change including the ability to purchase certain products and view content on the website.

8. What security measures are in place to protect your Personal Information?

Kivuto takes the security and privacy of your data seriously. As an ISO 27001-certified company, we have established many organizational, procedural, technical, and physical measures to keep your data secure and prevent unauthorized access, use, modification, or loss. We work to ensure the data you entrust to us is used only for the purposes described in this Policy.

The nature of the Internet and electronic communications means that no transmission is ever 100% secure. Although we make every effort to ensure our websites are secure, we cannot guarantee their absolute security. When using the Internet or email, you do so at your own risk, and, as such, you should take precautions when deciding what information you wish to send via email.

Security Measures

Your information is protected both during transmission and in storage. Your account and profile information are password-protected so that you and only you have access to your Personal Information. During purchase, the secure server software (SSL) encrypts all information you input before it is transmitted. As such, all Personal Information is protected against unauthorized access on the system’s secure servers.

Breach Notification

In the event of a security breach that creates a potential risk to your Personal Information, Kivuto will ensure that the appropriate authorities are notified of the breach within 72 hours of its discovery.

If a security breach is judged likely to pose a high risk to the rights and freedoms of one or more affected users of our products and/or services, all reasonable efforts will be made to contact those users and inform them of the breach and the potential impact thereof.

9. Where will Personal Information be processed?

Kivuto is a Canadian corporation with offices at 126 York Street, Suite 200, Ottawa, Ontario, Canada. Personal Information gathered by Kivuto is stored on servers located in Canada and will not be transferred to any other country unless it is required as part of the fulfillment of service or requested you (see below).

Due to agreements with our software publisher partners and Canadian legal obligations, your data may be stored in encrypted backups on our servers for up to seven years.

Privacy laws and requirements differ according to each country. Please know, however, that all information collected through Kivuto’s websites will be protected by the terms of this Policy and any privacy notices that apply to you, regardless of what country the information originates from.

Transferring Personal Information (Data Portability)

You can request to have all the Personal Information Kivuto has collected about you transferred from Kivuto to another data handler of your choice.

Note that Kivuto will only transfer your Personal Information to countries and organizations that are permitted by law and that offer comparable levels of protection for Personal Information.

To request the transfer of your Personal Information to another data handler, contact: privacy@kivuto.com.

10. What is Kivuto’s email policy?

Kivuto complies fully with the federal CAN-SPAM Act of 2003 and Canada’s Anti-Spam Legislation (CASL). Kivuto will not share, sell, rent, swap or authorize any Third-Party to use your email address for commercial purposes without your permission. If you feel you have received an email from us in error, please contact privacy@kivuto.com.

You may receive one or more of the following emails from Kivuto.

Account- and Service-Related Email

Kivuto reserves the right to send you emails relating to your account status. This includes order confirmations, renewal/expiration notices, notices of credit-card problems, other transactional email and notifications about major changes to the site services and/or to this Policy. If you have registered for online discussions or other services, you may receive an email specific to your participation in those activities.

Email Newsletters

Kivuto offers several email newsletters. You will only receive these if you previously chose to opt-in to these types of communications. If you no longer wish to receive a specific newsletter, follow the “unsubscribe” instructions located near the bottom of each newsletter.

Promotional Email

Kivuto may periodically email you messages about products and services that Kivuto thinks may be of interest to you (if you have previously opted in to receive these types of communications). If you no longer wish to receive a specific newsletter, follow the “unsubscribe” instructions located near the bottom of each newsletter.

Survey Email

Kivuto may send you emails inviting you to participate in user surveys, asking for feedback on our services and existing or prospective products and services, as well as information to better understand our users. User surveys greatly help us to improve our services, and any information Kivuto obtains in such surveys will be used internally. The information may be shared with third parties in aggregate form only.

HTML Email

If you sign up to receive email from Kivuto, you will receive emails in both plain text and HTML (with images) format. If you select to view our emails in the HTML format, Kivuto may place a one-pixel .gif to determine whether or not readers viewed the email. This process does not leave any information on your computer, nor does it collect information from your computer. Kivuto may share this data with Third Parties in aggregate form only to improve the quality of the emails and offers Kivuto distributes.

Emails from You

If you send us emails, be aware that information disclosed in emails may not be secure or encrypted and thus may be available to others. It is recommended that you exercise caution when deciding to disclose any Personal Information or confidential information in emails. Kivuto will use your email address to respond directly to your questions or comments.

11. Updates to this Policy

Kivuto may change any of the terms in this Policy at any time and changes will become effective upon posting. You are responsible for reading and understanding the updated Policy one you have been notified of the changes.

12. Who can I contact with questions or concerns about this Policy?

If you have questions, comments, concerns, or complaints about this Policy or Kivuto’s handling of your Personal Information, you get in touch with us in any of the following ways.

By Email

Please direct all privacy-related inquiries to privacy@kivuto.com.

By Phone

USA/Canada (toll free)

1-866-435-4722

Australia (toll free)

1-800-426-231

France (toll free)

0800-916021

Germany (toll free)

0800-182-8612

Hong Kong (toll free)

800-968-781

Malaysia (toll free)

1-800-815-302

Spain (toll free)

900-809754

United Kingdom (toll free)

0-800-098-8436

Other countries

+44-845-8697566

By Mail

North America
(Head Office)

Kivuto Solutions Inc.
126 York St., Suite 200

Ottawa, Ontario, Canada

K1N 5T5

EMEA

Kivuto Solutions Inc.

2nd Floor, 16 South Main Street
Naas, Co. Kildare, Ireland


© 2020 Kivuto Solutions, Inc. All rights reserved.

Your shopping experience is secure. You never have to worry about credit card safety on this site. Every transaction you make here is 100% safe. This means you pay nothing if unauthorized charges are made to your card as a result of shopping here.

The major credit card issuers created PCI (Payment Card Industry) compliance standards to protect personal information and ensure security when transactions are processed using a payment card. We adhere to the PCI compliance standards for data security so you don't have to worry about the security of your personal and financial information.

Our website uses SSL or "Secure Socket Layer", an industry standard security protocol. SSL sends information to your browser that is used to encrypt your order. Encryption changes all the information that you send into data that is extremely difficult to decipher. No personal information is stored. In fact, despite the impression the news media may have given, there has not been a single documented case of fraud involving the interception of a credit card number transmitted via a secure server over the Internet to date!

This protection is indicated by your browser's lock indicator -- usually a picture of a lock or a key that changes color or is no longer broken. As well, the URL in the address or location bar at the top of your browser should begin with https:// (the 's' indicates that the URL is secure).

If there is unauthorized use of your credit card, notify your credit card company in accordance with its reporting rules and procedures.

These terms constitute an agreement (the “Agreement”) between You and Kivuto Solutions Inc. (“Kivuto”) and its direct and indirect affiliates, in connection with Your use of the Website or the Kivuto Products (both as defined in section 1). Access or use of the Website and/or Kivuto Products, as applicable, for which You seek registration constitutes acceptance of this Agreement. If You do not agree to abide by the terms and conditions of this Agreement, please do not register for or otherwise access or use this Website or the Kivuto Products.

Kivuto is responsible for (a) gathering and storing in its systems as/until required Your Personal Information, and (b) in certain circumstances where applicable, securely transferring Your Personal Information to a Third-Party as set forth in Kivuto’s Privacy Policy. Once Kivuto has securely transferred Your Personal Information to this Third-Party, this Third-Party becomes responsible for storing and handling Your Personal Information in its own systems, and for handling, retaining and destroying it in accordance with its own policies and procedures.

To understand how Kivuto maintains the privacy of Your Personal Information, please refer to our Privacy Policy by visiting https://kivuto.com/privacy-policy-index/.

Kivuto may change any of the terms in this Agreement at any time and changes will become effective upon posting. If You do not wish to accept the changes to the terms of this Agreement, You may cancel Your access to the Website or Kivuto Products, as described below in Section 10.2. Continued use of the Website and/or the Kivuto Products accessed through Your Kivuto Account constitutes Your acceptance of the terms of the modified Agreement.

The Third-Party products You access through the Website or the Kivuto Products, as applicable, may be subject to other agreements, including terms of use agreements similar to this Agreement, that may contain additional obligations to which You may be bound. For more information regarding such other agreements, please contact the publisher or institution, as applicable.

The Website and Kivuto Products may be used only by (i) persons who have reached the age of majority or legal age in their jurisdiction and who can form legally binding contracts under applicable law; or (ii) those under the age of majority whose parent or legal guardian have agreed to the terms and conditons of this Agreement on the minor's behalf. Neither the Website nor the Kivuto Products may be used by persons in jurisdictions where access to or use of any part of same may be illegal or prohibited. It is Your sole responsibility to determine whether Your use of the Website or Kivuto Products is lawful, and You must comply with all applicable laws. To understand how Kivuto maintains the privacy of minors, please refer to our Privacy Policy by visiting https://kivuto.com/privacy-policy-index/.

You must be 13 years of age or older to download any product, including Kivuto Products, from the Website. While individuals under the age of 13 may use any product, including Kivuto Products, they may do so only with the involvement, supervision, and approval of their parent or legal guardian or at the direction of their school instructors and administrators.

If You are entering into this Agreement on Your own behalf, You hereby represent and warrant that You have reached the age of majority in Your jurisdiction and You otherwise have the legal capacity to agree to this Agreement. If You have not reached the age of majority in Your jurisdiction, Your parent or legal guardian represents and warrants that he or she agrees to this Agreement on Your behalf.

1. The Website and Kivuto Products

Kivuto offers websites, software applications and services available through the Internet that require end-user registration. This Agreement will refer to digital assets and products offered in connection with Kivuto website properties, collectively as the “Website”, and to software applications and/or other services, collectively as the “Kivuto Products”. In the event of a conflict between the terms and conditions of this Agreement and other terms and conditions that apply to another Kivuto Website or integrated partner Website, or to the Kivuto Products, those other terms and conditions shall prevail with respect to such conflict and only to Websites or Kivuto Products, as applicable, governed by such other terms or conditions.

2. Ownership of the Information, Materials and Software of the Website, and of the Kivuto Product

You expressly acknowledge and agree that: (a) the Website and Kivuto Products contain information, text, software applications, photos, video, graphics, music, sounds and other material (the “Materials”) that are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights (“Intellectual Property Rights”); (b) all right, title and interest in and to these Materials and Intellectual Property Rights belong solely and exclusively to Kivuto, its licensors, and all their authors and licensors; and (c) these Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later.

The Software that forms part of the Materials or the Intellectual Property Rights may contain code, commonly referred to as open source software, which is distributed under any of the many known variations of open source license terms, including terms which allow the free distribution and modification of the relevant software’s source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor (collectively, "Open Source Software"). Please note that, to the extent that any Software that forms part of the Materials or Intellectual Property Rights contains any Open Source Software, that element only is licensed to You under the relevant license terms of the applicable third party licensor ("Open Source License Terms") and not under the terms of this Agreement, and You accept and agree to be bound by such Open Source License Terms.

3. Use of the Information and Materials of the Website and of the Kivuto Products

3.1. Limited End-User License. Kivuto grants a limited license to all users of the Website or of the Kivuto Products, as applicable, that is non-exclusive, non-transferable, individual, personal, royalty-free, non-commercial, and non-promotional and may not be sublicensed. Such license is granted to You for the sole purpose of allowing You to access or use the Website or the Kivuto Products, as applicable, for which You seek registration, and solely in accordance with the terms of this Agreement. Website or Kivuto Product licensees, as applicable, may use, display, and, where such functions are available, mark up, download, and print Materials obtained through the Website or through access to the Kivuto Products, solely for their own personal, non-commercial, educational purposes. These rights are governed by: (a) copyright law; and (b) Kivuto’s licensors’ terms and conditions governing the Materials. Login Credentials (username and password) may not be shared with others or otherwise disclosed to unauthorized Third-Parties for any purpose whatsoever.

You agree not to copy, modify, reverse engineer, or extract the software source code, as applicable, from the Website or the Kivuto Products.

3.2. Permitted Uses of Materials. You may, on an occasional and irregular basis, include insubstantial portions of Materials from the Website in memoranda, reports and presentations, and then only to the extent that such use is for educational purposes and of a non-commercial nature, does not otherwise diminish the pedagogical or commercial value of the Materials, and is otherwise permissible as “fair use”, “fair dealing” or its equivalent under applicable copyright and intellectual property law. In each such instance, You must include proximate to any excerpted Materials all copyright, trademark and other notices from the Website (whether or not included in the particular Materials used), and appropriate source attribution to Kivuto and its licensors.

3.3. Prohibited Uses of Materials. Except as You may be expressly permitted by this Agreement under Section 3.2 above or pursuant to express written permission obtained from Kivuto, You may not use, modify, adapt, reformat, download, upload, post, reproduce, broadcast, publish, display, perform, transfer or redistribute any Materials in any form, format or media or by means of any technology without obtaining the prior written authorization of Kivuto and any other owner of the Intellectual Property Rights in such Materials.

3.3.1 You may not reproduce, use, sell, transmit, share, publish, broadcast, or otherwise disseminate or distribute Materials from the Website or the Kivuto Products to ineligible parties, including but not limited to others in the same company, school, college or other organization, whether or not for a charge or other consideration, including but not limited to, use in or with “course packets” or with courses which do not include the Website part of the curriculum.

3.3.2 You may not post Materials from the Website or the Kivuto Products, nor answers to any homework or test questions provided by the Website to ineligible parties, including, but not limited to, newsgroups, mail lists, electronic bulletin boards, homework sites, content aggregators, file storage services or any other on-line destination.

3.3.3 You may not reproduce any illustrations, charts, photographs, outlines, extensive text excerpts, chapters, or e-books included in Materials for any use outside of the class with which the Website is being used.

3.3.4 You may not re-sell, rent, host on-line, or otherwise distribute Materials to others, including but not limited to, their use by multiple concurrent users.

3.4. Permissions. If You wish to request permission to reproduce Materials from the Website or the Kivuto Products for other than the specifically authorized educational purpose, or if You have any questions about the proper way to include any notices required under Section 3.2, use the information available at www.kivuto.com to contact the appropriate Kivuto representative. Use of content used under license by Kivuto may require the permission of Kivuto’s licensor. Your use of any Materials by permission must include proximate to the excerpted Materials all copyright, trademark and other notices from the Website (whether or not included in the particular Materials used), and appropriate source attribution to Kivuto and its licensors.

4. Availability of the Website, Materials and Kivuto Products. Kivuto may at any time, with or without notice to You, change the format and content of the Website, restrict the use and accessibility of the Website or the Kivuto Products as well as limit the duration and amount of use made of the Website or the Kivuto Products. Kivuto reserves the right to change the design, features and/or functionality of the Kivuto Products by making the updated Kivuto Products available for You to download or, where Your device settings permit it, by automatic delivery of updates.You are not obliged to download any updated Kivuto Product, but we may cease to provide and/or update content to prior versions of any Kivuto Product and, depending on the nature of the update, in some circumstances You may not be able to continue using a Kivuto Product until You have downloaded the updated version. Kivuto may change or discontinue any portion, feature, or content of the Website or the Kivuto Products at any time with or without notice to You; however, Kivuto will make reasonable efforts to provide end users notice of significant changes to the Website or the Kivuto Products when feasible. Information and updates about the changes to the Website or the Kivuto Products and its availability are posted regularly at www.kivuto.com, to which You are encouraged to regularly refer.

We cannot and do not guarantee the continuous, uninterrupted or error-free operability of the Website or any Kivuto Product, or that the Website or Kivuto Product content will respond at a certain speed (since this depends on a number of factors outside our control). Specific service level agreements between Kivuto and an institution or other business entity may be a part of another agreement, and the service level terms of such other agreement take precedence over this paragraph.

5. Third-Party Websites and Content. Kivuto assumes no responsibility for any Materials posted by Third-Parties on the Website or through the Kivuto Products, or accessed on the Website or through the Kivuto Products through hypertext or other computer “links” to sites hosted by Third-Parties that are outside of Kivuto’s control (“Third-Party Site”). Kivuto does not endorse products, services or information provided by such Third-Parties and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use of or reliance on any content, goods or services available on or through any Third-Party Site or otherwise posted by Third-Parties on the Website or through the Kivuto Products. Likewise, the inclusion of links to Third-Party Sites on the Website or through the Kivuto Products does not imply that the owners of such Third-Party Sites have given permission for inclusion of these links, or otherwise sponsored or endorsed Kivuto’s Website or the Kivuto Products. Kivuto is not responsible for the accessibility of Third-Party Sites accessed through links on the Website or the Kivuto Products. Should You discover that a link to a Third-Party Site is broken, no longer pointing to the content so indicated on the Website on through the Kivuto Products, or otherwise pointing to inappropriate content, please contact www.kivuto.com.

6. User Content

6.1. The Website and the Kivuto Products, as applicable, may provide functionalities for users to upload or post comments, ideas, articles, information, data, text, software, music, sound, photographs, graphics, video, messages, and other materials or submissions (“User Content”). You should only post User Content that is Your own original work or for which You have otherwise obtained the necessary right or permission to publicly broadcast. The views and opinions expressed in any User Content do not necessarily reflect those of Kivuto or its licensed content providers or licensors. The user who posted the User Content is solely responsible for such User Content. You acknowledge that Kivuto does not pre-screen User Content. Kivuto and its designees reserve the right (but not the obligation) at their sole discretion to monitor, refuse to post, or remove any User Content for any reason. Kivuto reserves the right to terminate Your access to the Website or the Kivuto Products to prevent further posting of prohibited User Content. Please notify Kivuto if You discover any Prohibited User Content (as described below in Section 6.3) at www.kivuto.com.

6.2. Kivuto does not guarantee the accuracy, integrity or quality of User Content and disclaims all liability for any errors, omissions, violation of third-party rights or illegal conduct arising from User Content posted, emailed or otherwise transmitted via the Website.

6.3. Prohibited User Content. You agree not to upload, post, email or otherwise transmit any User Content that:

6.3.1 is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, indecent, offensive, vulgar, obscene, libelous, invasive of another’s privacy, hateful, discriminatory, or racially, ethnically or otherwise objectionable;

6.3.2 You do not have a right to transmit under any law or under contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

6.3.3 infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

6.3.4 contains software viruses or other contaminating or destructive devices, features or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or provides information relating to or otherwise facilitating the use of malware or other destructive materials or mechanisms;

6.3.5 contains advertising or promotional material of any kind;

6.3.6 contains a Third-Party’s Personal Information (see below) except in connection with the posting and/or transmittal of grades or other information by an instructor or educational institution in a manner that may be accessed only by the relevant end user and/or which is consistent with Kivuto’s Privacy Policy which can be found here https://kivuto.com/terms/

Personal Information is defined as information that can identify an Individual directly or indirectly or through other reasonably available means, provided that Personal Information shall not include: (a) business-contact information, such as the name, title or business address or telephone number of an employee of an organization (when such information is used for business purposes); (b) information collected, used or disclosed in the course of journalistic, literary or artistic activities; (c) aggregate information that cannot be associated with a specific Individual, such as demographic statistics about Kivuto customers, or number of visitors and average time spent on a website; or (d) information that is determined not to be Personal Information pursuant to applicable privacy legislation.

6.3.7 undermines the pedagogical purpose of the Material on the Website and the course with which it is used, including but not limited to answers to questions used in the Website.

6.4. Kivuto’s Use of User Content. By posting User Content, You grant Kivuto a perpetual license to host, transmit, use and distribute such User Content for the purposes for which it is posted. You acknowledge and agree that Kivuto reserves the right to preserve User Content: (a) for the longer of either the end of the relevant semester or other registration period for the relevant course or for as long as the end user maintains an account with Kivuto, and for a reasonable time thereafter in either event; and (b) indefinitely in the event of a potential violation of these terms or dispute pertaining to User Content, the Website and/or the user’s account. You acknowledge and agree that Kivuto further reserves the right to disclose User Content in association with Your Personal Information if required to do so by law or based on the good-faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service hereunder; (c) respond to claims that any User Content violates the rights of Third-Parties; or (d) protect the rights, property, or personal safety of Kivuto, its users and the public. In the case of User Content embodied in Your performance of educational assignments and assessments, Kivuto further reserves the right to host, transmit, use and distribute such content without reference to Your Personal Information indefinitely for the limited purposes of product development and educational research.

7. Restrictions on Use of the Website and the Kivuto Products. You agree not to use the Website or the Kivuto Products, as applicable, to:

7.1. upload, post, email or otherwise transmit any prohibited User Content described in Section 6 or otherwise violate this Agreement;

7.2. impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; including using another person’s Login Credentials;

7.3. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form solicitation;

7.4. (a) use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, or (b) reverse-engineer any part of the Website or the Kivuto Products, to access, acquire, copy, or monitor any portion of the Website or the Kivuto Products, any data or content found on or accessed through the Website or the Kivuto Products or any other Materials without the prior express written consent of Kivuto;

7.5. obtain or attempt to obtain through any means any Materials, User Content, or any other data, content, software or code available on or through the Website or the Kivuto Products (collectively, the “Website Content”) that have not been intentionally made publicly available either by their public display on the Website or through the Kivuto Products or through their accessibility by a visible link on the Website or the Kivuto Products;

7.6. violate any measure employed to limit or prevent access to the Website, the Kivuto Products or Website Content;

7.7. violate the security of the Website or the Kivuto Products or attempt to gain unauthorized access to the Website, the Kivuto Products, the Website Content, or computer systems or networks connected to any service of the Website through hacking, password mining or any other means;

7.8. interfere or attempt to interfere with the proper working of the Website or the Kivuto Products or any activities conducted on or through the Website or the Kivuto Products, including accessing any Website Content prior to the time that it is intended to be available to the public on the Website;

7.9. take or attempt any action that, in the sole discretion of Kivuto, imposes or may impose an unreasonable or disproportionately large load or burden on the Website or the infrastructure of the Website;

7.10. disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges or to normally post messages, articles, or submissions;

7.11. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;

7.12. violate any applicable local, provincial, state, national or international law or the academic rules or other policies of Your educational institution or other sponsoring organization; or

7.13. engage in any conduct which otherwise diminishes the pedagogical or commercial value of the Materials.

8. Your Other Responsibilities Concerning Registration for the Website

8.1. By registering for the Website or the Kivuto Products under this Agreement, You certify to Kivuto that:

  • the information You have provided to Kivuto in order to register as an end user is complete, accurate and current;
  • You will notify Kivuto within 15 days of any change in Your registration information;
  • You consent to the receipt of any notice or process at the email address provided by You, as well as the receipt of other electronic communication through the Website, where applicable, or by mobile text; and
  • You will not share Your username and password with anyone.

8.2. If any of these certifications is or becomes untrue, or if You do not comply in full with these requirements, Kivuto has the right to suspend and/or terminate Your access to the Website and/or the Kivuto Products, as applicable.

8.3. You are also responsible for obtaining and using all computer hardware and software required for Your access to and use of the Website or the Kivuto Products and for any charges incurred for Your own access to the Website or the Kivuto Products through an Internet access provider or other Third-Party website. These charges are in addition to fees payable by You to Kivuto in connection with access to or use of the Website or the Kivuto Products; Kivuto will not reimburse You for such charges.

8.4. You are responsible for all uses of the Website or the Kivuto Products through Your username and password, whether the use is made by You personally or by someone else. You are responsible for protecting and securing Your username and password from unauthorized use and disclosure. In the event that You become aware of or believe there has been any breach of the Website or the Kivuto Products, such as the theft or unauthorized use of Your username and password, You will notify Kivuto immediately by contacting www.kivuto.com or privacy@kivuto.com.

8.5 You will be assumed to have obtained permission from the owner of any computer or other device that is controlled, but not owned, by You to download any Kivuto Product to that device. You accept responsibility, in accordance with the terms of this Agreement, for all access to, and use of, any Kivuto Product by You on any device, whether or not it is owned by You.

9. Termination of Access

9.1. Your access commences the day You submit the registration form. Your obligations under this Agreement will exist until the access is terminated by You or Kivuto.

9.2. Subject to conflicting terms and conditions regarding termination as stated in Section 1 (The Website and Kivuto Products), You may terminate this Agreement and Your rights to use the Website or the Kivuto Products at any time and without cause by notifying Kivuto of Your decision to terminate. You may submit notice as outlined in Section 14 (Notice).

9.3. Kivuto may, in its sole and absolute discretion, and with or without notice, suspend Your access to all or any part of the Website, the Website Content or the Kivuto Products, or terminate this Agreement and thus Your rights to use the Website, the Website Content or the Kivuto Products, for any conduct or use (whether by You or anyone else having access under Your username or password) that Kivuto believes is a violation of this Agreement or for any other conduct or use that Kivuto believes is harmful to other end users, Kivuto’s content providers, or to the Website, the Kivuto Products or the interests of Kivuto.

10. Your Remedies. Kivuto’s entire liability to You, and Your sole and exclusive remedy, regarding the use of the Website or the Kivuto Products shall be the replacement of a username or password if a currently valid username or password fails to allow access to the Website or the Kivuto Products. Kivuto does not provide refunds or replacement access in the event of lost or misplaced access codes. Your sole right with respect to any disagreement or dissatisfaction with:

  • this Agreement, as modified from time to time,
  • registration cost or other charges for the use of the Website or the Kivuto Products,
  • access to, use of or performance of the Website or the Kivuto Products, or
  • any Website Content, is to terminate Your access as provided for in Section 9.2.

11. Disclaimer of Warranties

11.1. KIVUTO MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEBSITE OR THE KIVUTO PRODUCTS. THE WEBSITE AND THE KIVUTO PRODUCTS AND ALL INFORMATION, CONTENT, MATERIALS AND SOFTWARE ACCESSIBLE THROUGH THE WEBSITE AND THE KIVUTO PRODUCTS, AS APPLICABLE, ARE PROVIDED FOR USE “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, KIVUTO DISCLAIMS ALL WARRANTIES AND CONDITIONS, LEGAL, EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING OR RELATING TO THE WEBSITE OR THE KIVUTO PRODUCTS FURNISHED TO USERS UNDER THIS AGREEMENT OR IN CONNECTION WITH THE WEBSITE OR THE KIVUTO PRODUCTS. KIVUTO ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE WEBSITE OR THE KIVUTO PRODUCTS WILL BE AVAILABLE OR ERROR FREE OR WHETHER ANY INFORMATION ON THE WEBSITE OR THE KIVUTO PRODUCTS OR ANY WEBSITE WITH WHICH THIS WEBSITE OR THE KIVUTO PRODUCTS IS LINKED IS ACCURATE, COMPLETE, OR CURRENT. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF THE INFORMATION, OPINIONS, AND OTHER MATERIALS INCLUDED ON THE WEBSITE AND THE KIVUTO PRODUCTS, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU AGREE THAT: (A) KIVUTO’S LICENSORS MAY HAVE ADDITIONAL AND/OR DISSIMILAR WARRANTY DISCLAIMERS IN RESPECT OF THEIR INTELLECTUAL PROPERTY ACCESSED THROUGH THE WEBSITE, WEBSITE CONTENT OR THE KIVUTO PRODUCTS; AND (B) SUCH WARRANTY DISCLAIMERS SHALL APPLY TO SUCH INTELLECTUAL PROPERTY.

11.2. You expressly agree that Your use of the Website, the Website Content, the Materials and the Kivuto Products is at Your sole risk. No statement, information or advice, including, but not limited to, statements regarding capacity, suitability for use or performance, whether made by a Kivuto employee, reseller or other representative or otherwise, which is not contained in this Agreement shall be deemed to be a warranty by Kivuto for any purpose or give rise to any liability of Kivuto whatsoever, and You agree that You will not rely on any such statement, information or advice.

11.3. Where Kivuto is a distributor, rather than a publisher, of Materials accessible through the Website, Kivuto exercises no more editorial control over such Materials than does a typical public library, bookstore or newsstand. The views and opinions expressed in such information do not necessarily reflect those of Kivuto or its content providers or licensors. Neither Kivuto nor its content providers or licensors makes any warranties or representations regarding the accuracy, adequacy, truthfulness, completeness, or usefulness of such information.

12. Limitation of Liability

12.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KIVUTO AND ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, VENDORS, AND CONTRACTORS (collectively “Kivuto Related Parties”) SHALL IN NO EVENT BE LIABLE FOR ANY CLAIMS, CHARGES, DEMANDS, DAMAGES, LOSSES, EXPENSES OR OTHER LIABILITIES OF WHATEVER NATURE ARISING FROM YOUR USE OR INABILITY TO USE THE WEBSITE OR THE KIVUTO PRODUCTS, OR ANY INFORMATION, CONTENT, MATERIALS OR SOFTWARE ACCESSIBLE THROUGH THE WEBSITE OR THE KIVUTO PRODUCTS – INCLUDING, WITHOUT LIMITATION, ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, LOSS CAUSED BY YOUR RELIANCE ON ANY MATERIALS, CONTENT, INFORMATION, WEBSITES, SOFTWARE OR PRODUCTS OBTAINED ON THE WEBSITE OR THROUGH THE USE OF THE KIVUTO PRODUCTS, OR MISTAKES, OMISSIONS, INTERRUPTIONS, COMMUNICATIONS FAILURE, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, OR THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS OR WEBSITES, OR OTHER LOSSES OF ANY KIND OR CHARACTER RELATED TO YOUR USE OF THE WEBSITE OR THE KIVUTO PRODUCTS, OR ALL INFORMATION, CONTENT, MATERIALS OR SOFTWARE ACCESSIBLE THROUGH THE WEBSITE OR THE KIVUTO PRODUCTS — EVEN IF KIVUTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR THE KIVUTO PRODUCTS, OR ANY WEBSITE WITH WHICH THE WEBSITE OR THE KIVUTO PRODUCTS IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING PROCEDURES FOR DATA BACK-UP AND VIRUS-CHECKING AS YOU CONSIDER NECESSARY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU AGREE THAT: (A) KIVUTO’S LICENSORS MAY HAVE ADDITIONAL AND/OR DISSIMILAR LIMITATION OF LIABILITY PROVISIONS IN RESPECT OF THEIR INTELLECTUAL PROPERTY ACCESSED THROUGH THE WEBSITE, WEBSITE CONTENT OR THE KIVUTO PRODUCTS; AND (B) SUCH PROVISIONS SHALL APPLY TO SUCH INTELLECTUAL PROPERTY.

12.2. If, notwithstanding the foregoing, Kivuto was to be held liable for damages, then regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), in no event shall the maximum liability of Kivuto and the Kivuto Related Parties exceed, either jointly or severally, the aggregate dollar amount paid by You to Kivuto in the twelve (12) months prior to the claimed injury or damage. All of the provisions of this Section are also for the benefit of Kivuto’s directors, officers, shareholders, employees, affiliates, agents, Third-Party content providers, licensors, and anyone else involved in creating, producing or distributing the Website, and each shall have the right to assert and enforce these provisions directly on their own behalf.

13. Indemnification by You. To the fullest extent permitted by law, You agree to defend, indemnify and hold harmless Kivuto and the Kivuto Related Parties from and against any and all Third-Party claims, charges, demands, damages, losses, expenses, and liabilities of whatever nature and howsoever arising (including, but not limited to, any legal or other professional fees and the costs of defending or prosecuting any claim), incurred or suffered by Kivuto and/or the Kivuto Related Parties, directly or indirectly, by reason of any act or omission which You or any of Your agents, contractors, employees or representatives commit in breach of this Agreement or in violation of any Third-Party rights or any laws or regulations that may apply to Your use of the Website, any Website Content, or the Kivuto Products, as applicable. Kivuto reserves the right, in its sole discretion, to direct its legal defense, and You agree to cooperate with Kivuto in its efforts to do so.

14. Notices, Reporting and Questions. Kivuto may give notice to You by electronic mail, by posting such notice on the Website, if applicable, or at www.kivuto.com. Notice by Kivuto shall be effective on the date that Kivuto makes a good-faith effort to reach You.

You shall give notice to Kivuto as stated below. Notice by You shall be effective on the date that Kivuto actually receives the notice.

  • Online: kivuto.com (see “Contact” tab)
  • Mail: Kivuto Solutions Inc. 126 York St. Suite 200, Ottawa, Ontario, K1N 5T5

Any questions about this Agreement, the Website, its availability or security, or the Materials contained on it (including any concerns or reports regarding broken links, prohibited User Content, or any other technical or customer support issues), or the Kivuto Products may be reported as noted above. If Your question or concern pertains to particular content or links on the Website, please include the originating Kivuto page URL, any linked page URL and a description of the content in question to ensure Kivuto can quickly respond to the issue. Notice of change to Your registration information as referenced under Section 8 is to be done through Your online Kivuto account profile via the Website, if applicable or through www.kivuto.com.

15. Choice of Law and Forum. Any and all actions, disputes or controversies relating to the Agreement or the Website or Kivuto Products will be decided by courts of competent jurisdiction, and You consent to the jurisdiction and venue of those courts and irrevocably consent to the service of process via email and/or delivered personally or mailed by certified or registered mail, return receipt requested, at the mailing address set forth in Your registration information. This Agreement, Your and Kivuto’s rights and obligations under the Agreement, and any disputes or disagreements regarding the Website or the Kivuto Products will be governed by and construed subject to the choice of law and forum selection provisions below; provided, however, that nothing in this paragraph is intended to limit or contravene the applicability of the local privacy and data security regulations which would otherwise govern the collection, disclosure and use of Your Personal Information.

Regardless of where you reside, you have registered to use this Website or Kivuto Products provided by Canada-based Kivuto. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the courts located in the province of Ontario in the event of any claim arising from Your use of the Website, the Kivuto Products or this Agreement.

16. Compliance with United States Export Requirements. So long as the U.S. Export Laws (defined below) do not conflict with Canadian export laws, regulations and other requirements, this Agreement and Your use of the Website or the Kivuto Products are subject to any laws, regulations, orders or other restrictions on export from the United States of America (the “U.S.”) (“U.S. Export Laws”) of certain materials and technical data which may be imposed from time to time by the U.S. Government. Therefore, You will not transfer, directly or indirectly, by electronic means or otherwise, any Website Content, or any direct products thereof, to any country, or to any agent, representative, or foreign national of any country, for which the U.S. Government or any agency thereof requires an export license or other governmental approval at the time of export without first obtaining such license or approval. Pursuant to current restrictions of both the Canadian and U.S. Governments, nationals of Iran, Libya, North Korea, Republic of Crimea, Sudan and Syria may not use or access the Website or Website Content at this time. The U.S. Government and/or the Canadian government may update this list of countries from time to time, such that the list of countries in this Section 16 may be partial. Additionally, other restrictions may apply based on Your location and association. If You are a national of a country that is added to this list after such update by the U.S. Government and/or the Canadian government, You must cease Your use and access of the Website, the Website Content, the Materials or the Kivuto Products, as applicable, immediately, by terminating Your access pursuant to section 9.

17. Infringing or Inappropriate Content. If You believe that any Website Content or any Third-Party Site accessed via the Website or the Kivuto Products contains infringing content, malicious code, or any offensive, libelous, or otherwise illegal or inappropriate content, please contact Kivuto immediately (please see section 14), to ensure Kivuto can quickly respond to the issue. Please include the originating Kivuto page URL, the linked page URL and a description of the content in question.

19. PIPEDA, GDPR, COPPA and FERPA. Kivuto takes numerous measures to maintain the security and confidentiality of all personal information, including student records. Kivuto adheres to and abides by the Personal Information Protection and Electronic Documents Act (“PIPEDA”), the General Data Protection Regulation (“GDPR”), the Children’s Online Privacy Protection Act (“COPPA”), and complies with requirements of the Family Educational Record Privacy Act (“FERPA”) applicable to the educational records of students residing in the United States. For more information about PIPEDA, see the Office of the Privacy Commissioner of Canada website at https://www.priv.gc.ca/leg_c/leg_c_p_e.asp; for more information about GDPR, see the official website of the GDPR at https://gdpr.eu; for more information about COPPA, see the Federal Trade Commision’s FAQ website at https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions; for more information about FERPA, see the US Department of Education’s website at http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html.

Please refer to Kivuto’s Privacy Policy for more information about how we handle Personal Information at https://kivuto.com/privacy-policy-index/

20. Miscellaneous

20.1. This Agreement is personal to You, and You may not assign, transfer or delegate Your rights or obligations under this Agreement to anyone. Kivuto may assign or delegate its rights or obligations under this Agreement.

20.2. In the event that any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, that provision shall be deemed severable and the remainder of this Agreement shall remain valid and enforceable according to its terms.

20.3. You acknowledge that Kivuto will be irreparably harmed by any breach of this Agreement by You or by Your unauthorized use of the Website, Website Content, the Materials or the Kivuto Products, as applicable, and, further, that monetary damages may not be a sufficient remedy for such harm. You agree that Kivuto shall be entitled, without waiving any other rights or remedies and without further demonstration of irreparable harm or the inadequacy of monetary damages, to seek injunctive or other equitable relief in the event of any breach of this Agreement by You.

20.4. This Agreement is the entire agreement between Kivuto and You with respect to the Website, Website Content, the Materials and the Kivuto Products, as applicable. Headings in this Agreement are for Your convenience only and do not have any legal meaning or effect. If Kivuto waives or fails to enforce any term or condition of this Agreement on any one or more occasions, whether by conduct or otherwise, its waiver or failure to enforce will not mean that it must waive or cannot enforce such term or condition on any other occasion, or any other term or condition of this Agreement. In addition to being a part of the registration form, this Agreement resides on Kivuto’s main website under the “Terms of Use” link so that You may reference it at any time.

20.5 It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

20.6 Kivuto’s licensors for the Materials are the only Third-Party beneficiaries to this Agreement, and each licensor is entitled to enforce these provisions directly to the extent it deems such enforcement is necessary or advisable to protect its rights or the rights of the Materials’ authors hereunder.

© 2020 Kivuto Solutions, Inc. All rights reserved.

Unfortunately, there are NO REFUNDS or EXCHANGES on ANY items ordered through Kivuto sites. All sales are final. Ensure when placing your order that you have chosen the correct product and read all the system requirements.

We are also unable to offer exchanges or refunds because product keys are shipped/issued with the software and, once issued, cannot be returned to our publishers.

Note: Kivuto Solutions Inc. is a distributor for some or all products offered on this site. As the consumer, you are responsible for ensuring that the items chosen and the shipping address provided for mail order products are correct. Kivuto Solutions is not responsible for products incorrectly ordered due to similarities in name and/or product explanations. As the end user, you are responsible for determining the version, product name, system requirements and other requirements for any and all product offers prior to completing your order.

After you order Windows 10 Education, take the following actions to upgrade your operating system.

  1. Use Windows Update to upgrade from the Home or Professional version of your current operating system to the Home/Professional version of Windows 10 (Control Panel » System and Security » Windows Update » Get started).
  2. After the upgrade to Windows 10 Home/Professional is complete, go to Settings » Update and security » Activation, and click: Change product key.
  3. Enter the product key from your order receipt to upgrade to Windows 10 Education.

Important:  Windows 10 will be deployed through Windows Update in phases. It may take longer for this option to appear on some machines than on others. If you do not see the option to upgrade to Windows 10 through Windows Update, you can upgrade by going to Microsoft’s Windows 10 Software Download Site, clicking the Download tool now button, and following the on-screen instructions.

After you order Windows 10 Education, take the following actions to upgrade your operating system.

  1. Go to Microsoft’s ISO Software Download Site.
  2. Enter the product key from your order receipt when prompted to launch the upgrade to Windows 10 Education

Important: Upgrading in this fashion will cause all files, settings and software applications to be deleted from your computer. Be sure to back up all important data before you upgrade your operating system.

After you order Windows 10 Education, take the following actions to upgrade your operating system.

  1. Go to Settings » Update and security » Activation, and click: Change product key.
  2. Enter the product key from your order receipt to upgrade to Windows 10 Education.

Your copy of Windows 10 Education can be installed on one computer.

If you are a student who orders Windows 10 Education through this WebStore, you will not lose access to the software after leaving your school. The software is yours to keep.

Note: Staff and faculty members may have access to a version of Windows 10 Education to which different terms and conditions apply. Please read the End-User License Agreement (EULA) for Windows 10 Education carefully while placing your order.

No. Windows 10 Education is not a temporary subscription or trial software. Your license will not expire after a fixed duration.

Windows XP and Vista users need to perform a "clean installation" to get Windows 10 Education. This means that all files, applications and settings saved on your computer will be lost during the upgrade.

Upgrading from Windows 7, Windows 8, Windows 8.1 or an earlier version of Windows 10 does not require a clean installation. Files, applications and settings will not be lost as a result of the upgrade.

Note: It is always recommended that you back up important files prior to upgrading your operating system.

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