S.S.E.R. LTD. SINGLE USER LICENCE AGREEMENT – STUDENT VERSION
PLEASE READ THIS CAREFULLY
BEFORE YOU OPEN THE SOFTWARE PACKAGE!
THANK YOU FOR DECIDING TO
PURCHASE A LICENCE (STUDENT VERSION) TO USE OUR SOFTWARE. THE CDROM/DVD AND ALL
DIGITAL CONTENT CONTAINED THEREIN REMAIN THE PROPERTY OF S.S.E.R. LTD AT ALL
TIMES – YOU ARE PURCHASING A TIME RESTRICTED LICENCE WHICH GRANTS YOU CERTAIN
RIGHTS TO USE THE SOFTWARE.
YOUR
RIGHT TO USE THE SOFTWARE IS SUBJECT TO THE TERMS SET OUT IN THIS LICENCE
AGREEMENT. BREAKING THE COPYRIGHT
PROTECTION SEAL TO GAIN ACCESS TO THE SOFTWARE INDICATES YOUR ACCEPTANCE OF
THESE TERMS. IF YOU DO NOT UNDERSTAND
THE TERMS, YOU SHOULD PROMPTLY CONTACT YOUR TEACHER FOR AN EXPLANATION. IF YOU
DO NOT AGREE WITH THE TERMS YOU SHOULD ASK YOUR TEACHER FOR A REFUND. RETURNED
SOFTWARE MUST BE UNOPENED, UNUSED AND INTACT AND MUST INCLUDE A WRITTEN
CONFIRMATION THAT NO COPIES OF THE SOFTWARE HAVE BEEN MADE OR RETAINED BY YOU
OR ANY OTHER PERSONS.
This
printed 'Licence Agreement' supersedes all previous versions of the licence
(e.g. licence.doc) 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') 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 a non-exclusive right
('the Licence') to install or run the software product ('the Software') as
permitted by this Licence Agreement. All references to the ‘Goods’ means
Software. 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 Software for your personal use for non-commercial
purposes. Permitting unauthorised
access to, copying or use of the Software is a breach of this Licence
Agreement.
1.2 Load and use the Software in connection with a single computer
which is under your control. After copying the files to your hard disk or a
portable drive you should return the CD/DVD to your teacher for safe keeping.
The CD/DVD can be re-issued to you at any time during the term of the licence.
The CD/DVD should be returned to your teacher at the end of the licence term so
that it can be disposed of and a record kept of such action having been taken.
1.3 Transfer the Software from one computer to another provided
that the Software is installed and used on only one computer at a time.
1.4 Personalise the text and images in the software into a format
suitable for your needs, e.g. revision notes.
However, you must not remove, change or obscure any product
identification or notices of proprietary rights and restrictions on or in the
Software or use images in isolation of the body text. The Owner must retain the
copyright on any materials that you produce from the Software and therefore if
you do alter the Software all provisions of this Licence Agreement still apply.
YOU MAY NOT:
1.5 Permit others to use, copy or transfer the Software.
1.6 Distribute, make available, rent, loan, lease, sub-licence or
otherwise deal in the Software.
1.7 Alter, adapt, merge, modify, reverse-engineer, disassemble,
decompile or translate the Software in any way for any purpose.
1.8 Remove, change or obscure any product identification or
notices of proprietary rights and restrictions on or in the Software.
2 TERM AND TERMINATION
2.1 The Licence Agreement will normally be for 2 years from the
date of invoice (same or later than the date on CD/DVD label) and will
terminate automatically 2 years from the invoice date. The licence term may be extended under
certain circumstances – but to extend the term you must obtain the Owner’s
permission. To extend the licence please ask your teacher to obtain permission
from S.S.E.R. Ltd.
2.2 Your Licence Agreement to use the Software will terminate
automatically if you fail to comply with any term of this Licence Agreement.
2.3 Upon termination of the Licence Agreement you must ensure that
you return the CD/DVD to your teacher and destroy all copies of the Software in
any form, including copies on your hard disk.
After termination of the Licence Agreement any further use of the
Software in any form 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 Software 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.