S.S.E.R. LTD.
LICENCE AGREEMENT - (SOFTWARE SITE LICENCE).
PLEASE READ THIS CAREFULLY
BEFORE YOU OPEN THE 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') 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')] as permitted by this Licence Agreement on all non-portable computers
on the site of the purchasing school or college. This site licence does not extend to another site in the case of
‘split site’ schools.
All
references to the Goods means Software [and Manuals] as detailed on the
invoice.
All
references to the Software include the object code of the programme(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.
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.
1.4 if more than one teacher from the purchasing department wishes
to have a copy of the software on a home computer then they or the
school/college must purchase another licenced copy of the software;
1.5 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;
1.6 alter any clipart, text or data 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 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.
YOU MAY NOT
PERMIT OTHERS TO:
1.7 use, copy or transfer the Goods except as permitted by this Licence
Agreement;
1.8 distribute, rent, loan, lease, sub-licence or otherwise deal
in the Goods;
1.9 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;
1.10 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.