Presentation on theme: "PLEASE READ THIS CAREFULLY BEFORE YOU INSTALL OR USE ANY FILES YOUR RIGHT TO USE THIS SOFTWARE PRODUCT IS SUBJECT TO THE TERMS SET OUT IN THIS LICENCE."— Presentation transcript:
PLEASE READ THIS CAREFULLY BEFORE YOU INSTALL OR USE ANY FILES YOUR RIGHT TO USE THIS SOFTWARE PRODUCT IS SUBJECT TO THE TERMS SET OUT IN THIS LICENCE AGREEMENT. OPENING THE SOFTWARE PACKAGE INDICATES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT OR UNDERSTAND THEM, YOU SHOULD CANCEL THE INSTALLATION PROCEDURE AND PROMPTLY RETURN THE UNOPENED PACKAGE WITH PROOF OF PURCHASE FOR A FULL REFUND. 1. GRANT OF LICENCE Under copyright law you are not permitted to install, run or use the Project Maths product comprising of the software files ("the Software") and associated materials contained on the disk ("together the Software") or use other supplementary resource material supplied with the Software ("Other Supplementary Resource Materials") without the permission of Mr. Trifon Madas. In consideration of your agreement to the terms of this agreement Mr. Trifon Madas grants you, the purchaser of the software a non- exclusive non-transferable licence ("the Licence") to install, run and use the Software and use Other Supplementary Resource Materials as permitted by this Agreement. Intellectual property rights in the software supplied to you remains the property of Mr. Trifon Madas. Title to the Software is not transferred to you. All references to the Program mean the object code only of the program(s) comprised in the Software. YOU ARE PERMITTED TO: 1.1. use the Software and Other Supplementary Resource Materials in connection with personal computers or networks owned by you or your institution or personal computers owned by you or your institution's employees at home; 1.2.use the Software and Other Supplementary Resource Materials in your educational establishment only for the purpose of the teaching of your pupils and their preparation for national tests and for the professional development and training of teachers; 1.3.print material contained within the Software in accordance with help screen guidance for the purposes specified in Clause 1.2; 1.4.store, manipulate, analyse, reformat, print and display the content supplied solely for use as stated in this license. In no event are you permitted to publish, re-transmit, re-distribute or otherwise re-produce any of the content supplied in the software in any format to anyone and you are prohibited from using any such content in connection with any business or commercial enterprise including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise.
YOU MAY NOT NOR PERMIT OTHERS TO: 1.5.use or copy the Software except as permitted by this Agreement; 1.6.transfer, distribute, rent, loan, lease, sub-licence or otherwise deal in the Software and Other Supplementary Resource Materials; 1.7.copy Other Supplementary Resource Materials in any manner; 1.8.alter, adapt, merge, modify or translate the Software ; 1.9.remove, change or obscure any product identification or notices of proprietary rights and restrictions on or in the Software and Other Supplementary Resource Materials. 2.TERM AND TERMINATION 2.3.The Licence will continue until terminated. You may terminate it at any time by destroying the Software and Other Supplementary Resource Materials together with all copies in any form. 2.5.Your Licence to use the Software and Other Supplementary Resource Materials will terminate automatically if you fail to comply with any term of this Agreement. The Licence will also terminate without further action or notice by Mr. Trifon Madas if you become bankrupt, go into liquidation, suffer or make any winding up petition, make an arrangement with your creditors, have an administrator, administrative receiver or receiver appointed or suffer or file any similar action in consequence of debt. 2.7.Upon termination of the Licence for any reason you will destroy the Software and Other Supplementary Resource Materials together with all copies in any form, including copies on your hard and back-up disks. Any use of any copies of the Software or Other Supplementary Resource Materials after termination of the Licence is unlawful. 3.LIMITED WARRANTY 3.1.Mr. Trifon Madas warrants only to you, as the original licensee, that: the Software when used properly will provide the functions and facilities for which it has been purchased; and the media on which the Software is recorded will be free from defects in material and workmanship under normal use. 3.2.Mr Trifon Madas’ entire liability and your exclusive remedy under the warranties given in this section 3 will be, at Mr. Trifon Madas’ option, to either: repair or replace the Software or media which does not conform with the warranty; or refund the price paid for the Software and terminate the Licence. 3.3.This remedy is subject to the return of the Software with a copy of your payment receipt not later than 28 days after the date of your receipt of the Software.
4.EXCLUSION OF OTHER WARRANTIES 4.1.Except for the express warranties in section 3, Mr Trifon Madas and his suppliers make and you receive no other warranties, conditions or representations, express or implied, statutory or otherwise, and without limitation the implied terms of fitness for a particular purpose are excluded. Mr Trifon Madas does not warrant that the operation of the Software will be error free or uninterrupted. It is your responsibility to ensure that the Software is suitable for your needs and that the systems upon which you use the software are in good working order and compatible with the Software. The entire risk as to the performance and results of the Software and Other Supplementary Resource Materials is assumed by you. 5.INDEMNITY 5.1.You acknowledge that you are solely responsible for the use to which you put the Software and all information, data and results you obtain from using it and that all warranties, conditions, undertakings, representations and terms whether expressed or implied, statutory or otherwise are hereby excluded to the fullest extent permitted by law. 5.2.Save in respect of liability for death or personal injury arising out of negligence, Mr. Trifon Madas hereby disclaim and exclude to the fullest extent permitted by law all liability for any loss or damage whatsoever and howsoever incurred including any consequential, special, secondary or indirect loss or damage or any damage to goodwill or profits or any l oss of anticipated savings incurred by you, whether arising in tort, contract or otherwise, and arising out of or in relation to or in connection with your access to or use of or inability to use this Software, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation, even if Mr. Trifon Madas or his suppliers, or agents, or employees are advised of the possibility of such damages, losses or expenses. 6.INVALIDITY 6.1.If any part of this Agreement (including any provision in which we exclude our liability to you) is held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of the Agreement will not be affected. 6.2.You acknowledge that the allocation of risk in this Agreement reflects the price paid for the Software and also the fact that it is not within the control of Mr. Trifon Madas how and for what purposes the Software is used by you. 7.LIMIT OF LICENCE 7.1.The Software may include text, notation and graphics from literary, dramatic and musical works. In granting the Licence, Mr. Trifon Madas does not grant a licence to you to reproduce any such items and you are advised to ensure that any other reproduction by you of such items conforms to the general law and in particular the law of copyright.
8.ENTIRE AGREEMENT 8.1.These terms and conditions set out the whole of our agreement relating to our supply of the Software. They cannot be varied except in writing by Mr. Trifon Madas. In particular nothing said by any sales person on behalf of Mr.Trifon Madas should be understood as a variation of these terms and conditions or an authorised representation about the Software. Mr. Trifon Madas shall have no liability for any such representation being untrue or misleading. 8.2.Nothing in this Agreement will affect the statutory rights of a consumer in "consumer transactions" under any applicable statute. 9.GOVERNING LAW 9.1.These terms and conditions shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us. 10.NOTICES 10.1.Notices given under this agreement shall be delivered by hand or sent by prepaid first class post or electronic mail in the case of either party. Electronic mail shall be deemed to be delivered when it is sent. Should you have any questions concerning the Software or this Agreement, please contact: