S.S.E.R. LTD.
SINGLE USER LICENCE AGREEMENT
PLEASE READ THIS CAREFULLY
BEFORE YOU OPEN THE SOFTWARE/PRINTED MASTER PACKAGE!
YOUR
RIGHT TO USE THESE GOODS IS SUBJECT TO THE TERMS SET OUT IN THIS LICENCE
AGREEMENT. BREAKING THE COPYRIGHT PROTECTION
SEAL TO GAIN ACCESS TO THE GOODS INDICATES YOUR ACCEPTANCE TO THESE TERMS. IF YOU DO NOT ACCEPT OR UNDERSTAND THEM, YOU
SHOULD PROMPTLY CONTACT S.S.E.R. LTD. FOR AN EXPLANATION OR AN OFFICIAL RETURNS
NUMBER. RETURNED GOODS MUST BE
UNOPENED, UNUSED AND INTACT AND MUST INCLUDE THIS LICENCE AGREEMENT AND OTHER
PRINTED MATTER TOGETHER WITH A WRITTEN CONFIRMATION THAT NO COPIES OF THE GOODS
HAVE BEEN MADE AND RETAINED BY THE BUYER OR ANY OTHER PERSONS. PLEASE REMEMBER S.S.E.R. NORMALLY OPERATES A
'NO RETURNS' POLICY. This printed
'Licence Agreement' supersedes all previous versions of the licence (e.g.
licence.txt) contained upon the software.
This printed version, and no other version, represents the Licence
Agreement between the Buyer and the Seller.
1 GRANT OF LICENCE
Under
copyright law you are not permitted to install or run the software product
('the Software') or use the user manuals and other documentation ('the
Manuals') or use/copy/duplicate the printed masters supplied to you without the
permission of S.S.E.R. Ltd. ('the Owner').
In consideration of your agreement to the terms of this Licence
Agreement the Owner grants you, the individual or entity whose name and address
appears on the original order and/or invoice for these Goods, a non-exclusive
right ('the Licence') to install or run the software product ('the Software')
[or use the user manuals and other documentation ('the Manuals')] or
use/copy/duplicate the printed masters as permitted by this Licence Agreement.
All
references to the Goods means Software [and Manuals] and/or Printed Masters as
detailed on the invoice.
All
references to the Software include the object code of the program(s) or file(s)
comprising the Software.
YOU ARE
PERMITTED TO:
1.1 Use the Goods for your personal use or in your business or
profession for non-commercial purposes.
The printed masters can be used as duplication masters - see section
1.62. Permitting unauthorised access
to, copying or use of the Goods is a breach of this Licence Agreement.
1.2 Transfer the Goods and your Licence on a permanent basis to
another person/entity only if that person/entity agrees to accept the terms of
this Licence Agreement and you either transfer all copies (including the most
recent update and all prior versions) to that person/entity or destroy any
copies not transferred. You must inform
the Owner in writing of any transfer of the Goods and your Licence and therein
identify the recipient. The Owner reserves the right to refuse such a transfer for any reason whatsoever.
1.3 Load and use the Software [and Manuals] in connection with a
single computer which is under your
control. If the Software is permanently
installed on the hard disk or other storage device of a computer, and that
person uses that computer more than 60% of the time it is in use, then that
person may also use the Software on a portable or home computer.
1.4 If you wish to use the Software on more than one computer, you
must obtain a multiple user licence from the owner. Please phone for a quotation.
1.5 Transfer the Software from one computer to another provided
that the Software is installed and used on only one computer at a time.
1.61 Make a back-up copy of the Software in support of your permitted
use of the Software provided you label the back-up copy with the Owner's
copyright notice - any other copies of the whole or any part of the Software
are unlawful.
1.62 Make a back-up copy of the Printed Masters in support of your
permitted use of the Printed masters provided the Owner's copyright symbol or
any other product identification or notices of proprietary rights and
restrictions remain clearly visible - any other copies (except those duplicated
for pupil use or for reference of teachers within your own immediate department
or subject area) either in whole or any part are unlawful.
1.7 Alter any clipart or text into a format suitable for your
needs. However, you must not remove,
change or obscure any product identification or notices of proprietary rights
and restrictions on or in the Goods or use images in isolation of the body
text. The Owner must retain the copyright on any materials that you produce
from these Goods and therefore if you do alter the Goods all provisions of this
Licence Agreement still apply. If you
work collaboratively with other institutions or individuals you cannot pass any
version of the Goods to them without first contacting the Owner and complying
with all provisions of this Licence Agreement.
YOU MAY NOT
PERMIT OTHERS TO:
1.8 Use, copy or transfer the Goods except as permitted by this
Licence Agreement.
1.9 Distribute, rent, loan, lease, sub-licence or otherwise deal
in the Goods.
1.10 Alter, adapt, merge, modify, reverse-engineer, disassemble,
decompile or translate the Software [or the Manuals] in any way for any
purpose, including, without limitation, for error correction.
1.11 Remove, change or obscure any product identification or notices
of proprietary rights and restrictions on or in the Goods.
2 TERM AND TERMINATION
2.1 The Licence Agreement will be for 25 years unless terminated
earlier or continue until terminated.
The owner of the property in the goods may terminate the licence at any
time by destroying the Goods together with all copies in any form;
2.2 Your Licence Agreement to use the Goods will terminate
automatically if you fail to comply with any term of this Licence
Agreement. The Licence Agreement may
also be terminated without further action or notice by the Owner if you fail to
pay for the goods within 60 days of the date of invoice or if you become
bankrupt, go into liquidation, suffer or make any winding up petition, make any
arrangement with creditors, have a receiver, administrative receiver or
administrator appointed or suffer or file any similar action in consequence of
debt;
2.3 Upon termination of the Licence Agreement the owner of the
property in the goods may destroy the Goods together with all copies in any
form, including copies on your hard and back-up disks. After termination of the Licence Agreement
any further use of the goods in any form, including copies on your hard and
back-up disks is unlawful.
3 LIMITED WARRANTY
For Goods found to
have been damaged in transit or deemed faulty before any use has been made of
the Goods the Owner will, at its discretion, offer replacement Goods. Normally replacement Goods are not offered
at any time later than 14 days following initial despatch of the relevant
Goods.
4 DISCLAIMER
4.1 In no event will the Owner be liable for any direct,
consequential, incidental, or special damage loss of any kind (including
without limitation loss of profits, loss of contracts, business interruptions,
loss of or corruption to data) however caused and whether arising under
contract, tort, including negligence, or otherwise;
4.2 If any exclusion, disclaimer or other provision contained in
this Licence Agreement is held invalid for any reason and the Owner becomes
liable for loss or damage that could otherwise be limited, such liability,
whether in contract, negligence or otherwise, will not exceed the amount
actually paid by you for the Goods.
4.3 The Owner does not exclude or limit liability for damage
caused by a defect in the Goods within the meaning of the Consumer Protection
Act 1987 Part 1.
4.4 You acknowledge that the allocation of risk in this Licence
Agreement reflects the price paid for the Goods and that it is not within the
Owner's control how and for what purposes the Goods are used by you.
5 GENERAL
5.1 This Licence Agreement is the entire agreement between you and
the Owner and supersedes any other oral or written communications, agreements
or representations with respect to the Goods.
5.2 Nothing in this Licence Agreement will affect the statutory
rights of a consumer in 'consumer transactions' under any applicable statute.
5.3 If any part of this Licence Agreement is held by a court of
competent jurisdiction to be unenforceable the validity of the remainder of the
Licence Agreement will not be affected.
5.4 This Licence Agreement is governed by the laws of England and
Wales.