LICENCE AGREEMENT FOR CAREERSOFT COMPUTER SOFTWARE APPLICATIONS
This Licence Agreement ("Licence") is a legal agreement between You ("You", "Your") and Enbyten Ltd trading as Careersoft ("Careersoft", "Careersoft's", "Our", "Us", "We") for the use of the software application and any associated media ("Product").
By installing, running, accessing, or using this Product, You agree to be bound by the terms of this Licence.
1. GRANT OF LICENCE: This Product is licensed, not sold. This Licence only gives you some rights to use the Product. Careersoft grants You a limited non-exclusive non-transferable licence to use the Product, subject to all the terms and conditions of this Licence. The type of Your Licence is shown on Your invoice. Not all licence types are available for all products.
1.1 If Your Licence shows that You have a SITE LICENCE, then You are licensed to use the Product from any and all of Your computers at Your Site, where Your Site is a building or set of buildings within a single boundary at one location, wholly owned or leased by You. If You wish to use the Product at more than one Site, You will need a separate licence for each Site. Multiple Sites require multiple licences, even if those Sites belong to or are owned by the same school, college, or other establishment. Any computers, including without limitation laptop or tablet computers that are used away from the Site require a separate licence. Where the Product is provided with installation media, Your Site Licence permits You to install the Product to any or all of Your computers at Your Site. Where the Product is available to use from the internet, Your Site Licence permits You to use it from the internet with any or all of Your computers at Your Site.
1.2 If Your licence shows that You are LICENSED ON AN ANNUAL SUBSCRIPTION, Your Licence permits You to use the Program for that licence period only. You can choose to renew Your subscription in order to continue using the Product for a further licensing period. The Product contains technological features intended to prevent its unlicensed use. When Your subscription expires, the Product may cease to work. Access to data or settings in the product, including those you have added or changed, may be blocked.
1.3 If Your licence shows that You are LICENSED WITHOUT A TIME LIMIT, Your Licence permits You to use the Product indefinitely. The Product is tested on operating systems, versions of operating systems, and service packs for operating systems, that are current at the time that the Product is released. Careersoft does not warrant that the Product will work on any operating systems, versions of operating systems, or service packs for operating systems, that were not available when You purchased the Product.
1.4 Where the Product is offered with an INTERNET VERSION, Careersoft will endeavour to make the product available on the internet for at least 12 months after the version of the Product that you purchased was last on sale by Careersoft.
1.5 If Your licence shows that You have a USE AT HOME LICENCE, then students and clients of Your establishment may use the Product by accessing it by means of the internet from their home. Use of the Product in this way is permitted only while Your Licence is current and the students or clients of Your establishment wishing to use the Product in this way have attended Your establishment within the last 90 days. A 'use at home' licence does not permit installation of the Product on a computer at home.
1.6 If Your licence shows that You have an INTERNET ONLY licence, no installation media will be provided, and You may not install the Product on any computer. You may use the Product from the internet with Your computers at Your site only.
1.7 If you have a LAPTOP LICENCE, this permits installation on one computer only, that computer must designed to be portable and capable of running on its own internal batteries, and that computer must not be used in any school or college.
1.8 If you have a PERSONAL LICENCE, this permits use of the Product only on one computer at a time, and only while you are the named person on the Licence and are in the room where the Product is being used. While your Licence is current and You are the person named on the Licence, You may use the Product in any room where You are present, on any site. Your Personal Licence logon details are valuable; You must ensure that they are not disclosed to any other person.
2. ADDITIONAL PROVISIONS.
2.1 A Site Licence entitles Your STAFF TO USE THE PRODUCT AT HOME FOR THE PURPOSES OF PERSONAL PROFESSIONAL DEVELOPMENT. Use in this way can be through installing the Product or using it from the internet. Use of the Product in this way is permitted only while Your Licence is current and the member of staff is employed by Your Establishment. Use of the Product in this way at home by anyone other than Your staff is not permitted. Use of the product in this way with clients or students of your establishment is not permitted.
2.2 This Licence grants you limited licence to PRINT OR COPY TEXT from within the Product. Copies made in this way may be used for educational purposes only. Copies made in this way must not be sold, lent, or given to anyone other than those persons who are are permitted by Your Licence to use the Product. Copyright in all text in the Product and copied from the Product remains with Careersoft at all times. Text copied under the terms of this provision must clearly include a notice saying 'Copyright Careersoft' or '© Careersoft', and the publication year of the Product. Other than allowed for in this provision you may not copy any text from the Product or create derivative works from it. When Your Licence expires You must destroy all copies made under the terms of this Licence.
2.3 This Licence grants you limited licence to PRINT OR COPY CAREERSOFT PICTURES from within the Product. Only those pictures in the Product which have a Careersoft copyright notice clearly shown on them may be copied. Pictures marked with names other than Careersoft as the copyright holder may not be copied. Copies of pictures made under the terms granted in this licence may be used for educational purposes only. Copies made in this way must not be sold, lent, or given to anyone other than those persons who are are permitted by Your Licence to use the Product. Copyright in all Careersoft pictures in the Product and copied from the Product remains with Careersoft at all times. Copyright in other pictures remains with their copyright holder. Pictures copied under the terms of this licence must retain the original Careersoft copyright notice on them. Pictures copied from the Product must not be manipulated in any way other than to resize them. Other than as allowed for in this Licence you may not copy any pictures from the Product or create derivative works from it. When Your Licence expires You must destroy all copies made under the terms of this Licence. Note that all pictures in the Product are copyright. Careersoft may not be the copyright holder for all the pictures. The named copyright holder is shown on each picture. This licence does not grant you permission to copy pictures other than those for which Careersoft is the copyright holder. You may not copy images without the permission of the copyright holder.
2.4 Nothing in this licence grants you permission to copy any VIDEOS in this product. You may not copy any videos contained in this product, whether in whole or in part.
2.5 A Site licence allows use on Your private VIRTUAL LEARNING ENVIRONMENT (VLE) if You have one, provided that Your VLE is accessible by students or clients of the licensed establishment only. If (and only if) You have a 'use at home' Licence from Careersoft then students or clients may also access the Product by using Your virtual learning environment in their home. If licensed users can access the Product in their home by using the virtual learning environment (VLE) then You must have the 'use at home' licence feature added to Your Licence.
3. ADDITIONAL LIMITATIONS.
3.1 AUTHORISATION CODES FOR LICENSED PRODUCTS provided to You by Careersoft are valuable. You must not disclose them to anyone other than staff of Your Establishment. Specifically and without limitation You may not disclose them to any of Your students or clients.
3.2 INTERNET LINKS WHICH ALLOW ACCESS TO LICENSED PRODUCTS are valuable. You must not disclose them to anyone other than staff, clients, and students of Your Establishment. You must take reasonable care to ensure that any internet links You have which allow access to the licensed Product on the internet are not made available to any unlicensed users. Specifically and without limitation you must not publish these links on the internet or in any other way as to make them generally available.
3.2 You may not reverse engineer, decompile, or disassemble the Product.
3.3 You may not modify the Product.
3.4 You may not rent, lease, lend or transfer the Product, or host the Product for third parties.
3.5 CAREERSOFT MAY WITHDRAW ACCESS TO THE PRODUCT WITHOUT NOTICE IF IN OUR REASONABLE OPINION YOU ARE IN BREACH THE TERMS OF THIS AGREEMENT.
4. CONSENT TO USE OF DATA. Where Careersoft collects data from You to enable the Product to function as required, You agree that Careersoft may collect and use that information. Careersoft agrees to handle this information in accordance with the terms of the Data Protection Act. Furthermore Careersoft agrees not to make this information available to any third party in a form that personally identifies You.
5. CAREERSOFT RETAINS ALL RIGHTS, TITLE, AND INTEREST IN AND TO THE PRODUCT. All rights not expressly granted by this Licence are reserved by Careersoft. Careersoft retains all intellectual property rights in the Product and any material copied from it.
6. Any LINKS TO THIRD PARTY SITES from the Product are provided as a convenience. Careersoft is not responsible for the content or accuracy of these sites, and does not endorse them. Access to these sites is at Your own risk.
8. Careersoft may collect non-personally identifiable USAGE DATA about the usage of the Product. This data helps Us understand how the Product is used and improve what it does.
9. WARRANTY AND LIMITATION.
9.1 THIS PRODUCT IS PROVIDED "AS IS," AND CAREERSOFT MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE PRODUCT OR DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. YOU CAN RECOVER FROM CAREERSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE PRODUCT. CAREERSOFT WILL NOT BE LIABLE FOR ANY OTHER DAMAGES INCLUDING INDIRECT, SPECIAL, CONSEQUENTIAL, OR LOST PROFITS DAMAGES ARISING OUT OF ANY USE OF THE PRODUCT. THIS APPLIES EVEN IF CAREERSOFT KNEW OR SHOULD HAVE KNOWN ABOUT ANY CAUSE GIVING RISE TO THE CLAIM FOR DAMAGES.
9.2 All Careersoft products are available to try for free before You buy them. You should try the Product before You buy it, to satisfy yourself that it is compatible with Your systems and does what You want it to.
9.3 Careersoft will use its best endeavours to ensure high availability of the Product, but it is not a guaranteed service. Due to maintenance, failure, or other issues anticipated or not, there may be times when the Product is not available for use.
9.4 THE INFORMATION CONTAINED IN THE PRODUCT MAY BE OUT OF DATE, NOT APPLICABLE TO YOUR SITUATION, OR WRONG; ANY INFORMATION THE PRODUCT CONTAINS SHOULD BE CHECKED AND VERIFIED BEFORE MAKING ANY DECISION BASED ON IT.
9.5 NO REFUND of any portion of the licence fee will be provided in the event of early termination of this contract.
10. SUPPORT is provided by Careersoft for licensed users of current versions of our products only. If Your licence shows that You are LICENSED ON AN ANNUAL SUBSCRIPTION, Careersoft will provide support for You for the period of Your subscription. If Your licence shows that You are LICENSED WITHOUT A TIME LIMIT, Careersoft will provide support for You for 12 months from purchase. Careersoft will only provide support where the Product is used in accordance with Careersoft's instructions and recommendations.
11. This Licence Agreement is the ENTIRE AGREEMENT for the use of the Product.
12. APPLICABLE LAW AND JURISDICTION. These Terms and Conditions are governed and will be interpreted in accordance with English courts. The English courts shall have exclusive jurisdiction to settle any claim or dispute which might arise out of or in connection with these terms and conditions.
13. CONTACT. Should You have any questions about this contract, please contact Us and ask. www.careersoft.co.uk/contact
Licence version 3.0.1 Last updated 15 August 2012.
Page date 17/08/12