DIGITAL-DOWNLOAD LICENCE – (PERSONAL USE)
THANK YOU FOR DECIDING TO PURCHASE A DIGITAL DOWNLOAD OF OUR SOFTWARE. ALL DIGITAL CONTENT CONTAINED IN THE SOFTWARE REMAINS 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. GAINING ACCESS TO THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT UNDERSTAND THE TERMS, YOU SHOULD PROMPTLY CONTACT SSER LTD FOR AN EXPLANATION.
This version of the 'Licence Agreement', as delivered with the Software, 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, run or access 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, run or access the software product ('the Software') as permitted by this Licence Agreement. All references to the ‘Goods’ mean 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 to support your personal studies (student) or work as a school/college teacher or private tutor (self-employed or employed).
1.2 Load and use the Software in connection with multiple computers or other internet enabled devices for your personal use.
1.3 Use/access the Software on only one computer or other internet enabled device 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 or share your login with anyone else in order for them to access 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 a term of 25 years from the commencement. For the use of graphics downloaded and retained in resources such as worksheets, presentations, etc you may continue to use those resources in your non-commercial professional duties as a teacher even after termination of the licence.
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 any further use of the Software in any form 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. However, SSER Ltd. only sell digital software and as such our products are covered by Section 13 (d) of ‘The Consumer Protection (Distance Selling) Regulations 2000’ which states that ‘a consumer does not have the right to cancel the contract if the goods are computer software and the goods have been unsealed by the consumer’. Therefore, by breaking the copyright seal that protects the goods, or by using the Goods in any way (including accessing the software online or downloading software), the Buyer agrees to be bound by the terms of the Licence Agreement and to pay for the full term of the licenced software . Nothing in these terms or Licence Agreement will affect the statutory rights of a consumer in ‘consumer transactions’ governed by the laws of England, Wales and EU regulations. N.B. The Consumer Protection (Distance Selling) Regulations 2000 define “consumer” as meaning any natural person who, in the contracts covered by these Regulations, is acting for purposes which are outside his trade, business or profession.
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 unless they specifically state that they replace or add to this general licence agreement..
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.