S.S.E.R. LTD. VLE LICENCE AGREEMENT
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. 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 the VLE of the purchasing school or college. This VLE licence does not extend to another site in the case of
‘split site’ schools - if you require such a licence please contact SSER Ltd.
as each site will require its own separate site and VLE licence.
This
licence extends the scope of a site licence, to allow the use of the product on
a virtual learning environment with external access, by teachers and students
who are normally taught at that particular site, subject to the conditions
below. For your information the terms
of the single user and site licences are contained on the CD ROM or DVD. If you
intend to deploy the software on the school/college intranet or stand alone PCs
then you should purchase the site licence and/or single user licence.
External
access is defined as “access to a school network by students or teachers from
their home computer, controlled by password”
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 Place this product on your Virtual Learning Environment (or
other Network system on your site) with external access, provided that:
·
external
access is always monitored and controlled by passwords;
·
external
access is only available to students who normally receive their lessons at that
site and staff that teach there;
·
students
or staff may download or ‘Save As’ resources that cannot be provided properly
via the web (such as PowerPoint presentations) onto their own home computer
whilst they need that material for their personal course of study (either for
teaching or learning purposes). When the course of study is finished the
material should be deleted from all storage media in direct control of the
student or teacher;
1.3 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.
N.B. 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.
YOU MAY NOT:
1.5 Allow the resource to be freely available on the Internet.
Students or staff must not pass on copies of the resource to other individuals
by email or any other means.
1.6 Distribute, rent, loan, lease, sub-licence or otherwise deal
in the Goods this includes distributing copies of the resource to the students
on CD/DVD or any other digital medium.
1.7 Use, copy or transfer the Goods except as permitted by this Licence
Agreement.
1.8 Make more than one copy of the resource for archive/backup
purposes. Students or staff must not
download or ‘Save As’ any of the resources onto their own home computer except
for the provisions given in section 1.2.
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. However any
editable text (except that in Section 1.10) may be altered to suit your
particular needs.
1.10 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.
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 DISCLAIMER
3.1 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.
3.2 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.
3.3 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.
3.4 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.
4 GENERAL
4.1 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.
4.2 Nothing in this Licence Agreement will affect the statutory
rights of a consumer in ‘consumer transactions' under any applicable statute.
4.3 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.
4.4 This Licence Agreement is governed by the laws of England and
Wales.