YOUR RIGHT TO USE THESE GOODS IS SUBJECT TO THE TERMS SET OUT IN THIS LICENCE AGREEMENT.  PURCHASING & DOWNLOADING THE GOODS INDICATES YOUR ACCEPTANCE TO THESE TERMS.

1          GRANT OF LICENCE

Under copyright law you are not permitted to install or run the digital product (‘the Goods’) 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’ as permitted by this Licence Agreement.

All references to ‘the Goods’ means Graphics/Clipart as detailed on the invoice and 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.  You may incorporate a graphic into your own original work and sell, publish, display and distribute your original work containing our graphic(s) in any media. For example, our graphics (the Goods) may be used in presentations, websites and worksheets with only a few restrictions (see Paras 1.8 – 1.11). Private tutors (self-employed or employed) can only purchase this licence for their personal use – they may use the Goods in their tutoring and display the goods to their tutees, but no copies can be made available to their tutees or other tutors.

1.2       Load and use the Software [and Manuals] in connection with computers/devices which are under your control and for personal use only.

1.3       You may not transfer the Goods and your Licence to another person/entity.

1.4       If you wish more than one person to use the Software or to use the Software on a network, etc then you must obtain an appropriate number of additional licences from the owner, i.e. one licence for each user.

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 – any other copies of the whole or any part of the Software are unlawful.

1.6       Alter any graphics/clipart and/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 graphics in isolation of the body text (unless the relevant graphic set has been purchased). 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. In all cases where graphics are used credit should be given to © SSER Ltd in an appropriate location.

YOU MAY NOT:

1.8       Use, copy or transfer the Goods except as permitted by this Licence Agreement.

1.9       Distribute, rent, sell, loan, lease, sub-licence or otherwise deal in the original Goods in whole or in part. Graphics must not be distributed separately or detached from your own original work. For example, a graphic may be used as part of a presentation slide you create but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by others.

1.10     Remove, change or obscure any product identification or notices of proprietary rights and restrictions on or in the Goods.

1.11     Permit or facilitate others to do any act prohibited by this licence.

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 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 (but not limited to) copies on your hard disks, back-up disks and other storage media.  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

You are allowed to download the Goods three times within a 3-day period. If the Goods are found to have been corrupted during download, then please use your remaining download allowance. If the Goods are deemed faulty then the please contact the Owner as appropriate – the Owner will attempt to rectify the situation and may, at its discretion, offer replacement Goods.  Normally replacement Goods are not offered at any time later than 3 days following initial download of the relevant Goods – therefore you are encouraged to make a backup as permitted under this licence.

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.