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 software product (‘the Software’) or use the user manuals and other documentation (‘the Manuals’) or use/copy/duplicate the print masters (e.g. as pdf/doc/docx files) 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 print masters as permitted by this Licence Agreement.

All references to the Goods means Software [and Manuals] and/or Print Masters 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 studies (student) or work as a school/college teacher or private tutor (self-employed or employed).  Print masters (e.g. as pdf/doc/docx files) can be used as duplication masters – see section 1.4b.  Private tutors (self-employed or employed) can purchase a single user licence for their personal use only – 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. Permitting unauthorised access to, copying or use of the Goods is a breach of this Single User 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 all site computers and site networks (intranets) which are under your control – this does not include access by staff, students or others from outside of the school site (for off-site access you will need a VLE licence).  If the Software is permanently installed on the hard disk or other storage device of one or more computers on the school/college site then one person (normally the Head of Department) may also use the Software on a portable or home computer.

1.4a     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.

1.4b     Make a back-up copy of Print Masters in support of your permitted use of the Print masters provided the Owner’s copyright symbol or any other product identification or notices of proprietary rights and restrictions remain clearly visible (see Para 1.8) – 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.

1.5       Alter any image 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 (see Para 1.8) or use images 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.

YOU MAY NOT:

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

1.7       Distribute, rent, loan, lease, sub-licence or otherwise deal in the Goods.

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

1.9       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.