Digital Skills Pack 7.6 Game On! Licence Agreement

Digital Skills Pack 7.6 Game On! Licence AgreementPublished by Smart Learning LimitedRegistered address: 39 Parkside, Cambridge, CB1 1PNwww.smart-learning.co.uk© Smart Learning Ltd 2012Smart ICT Skills Builder: Digital Skills Pack 7.6 Game On!ISBN 1‐84276‐228‐1WARNINGSMART LEARNING LIMITED OWNS THE COPYRIGHT TRADEMARK TRADENAMES PATENTS ANDOTHER INTELLECTUAL PROPERTY RIGHTS SUBSISTING IN OR USED IN CONNECTION WITH THESERESOURCES COMPRISING THE SKILLS PACK AND INCLUDING ALL DOCUMENTATION MANUALSPACKAGING AND OTHER ACCOMPANYING MATERIALS AND ALL OTHER COPIES WHICH YOU AREAUTHORISED TO MAKE BY THIS AGREEMENT (“THE RESOURCES”). IT IS UNLAWFUL TO LOAD THERESOURCES INTO A COMPUTER WITHOUT OUR LICENCE. WE ARE WILLING TO LICENCE THERESOURCES TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS CONTAINED INTHIS LICENCE AGREEMENT.1. Licence1.1 For the purposes of this Agreement the Publishers are Smart Learning Limited, the Licensee shall meanthe relevant partnership, corporate body, trust charity, school, educational establishment or any otherbody on whose behalf the Resources have been purchased.1.2 In consideration of the Licensee agreeing to the terms of this Agreement, the Publisher grants a perpetualnon-exclusive right to use the Resources in accordance with Clause 2 below.1.3 The Licence is personal to the Licensee as the purchaser of the Resources and is for the Licensee’sbenefit only.1.4 This Licence shall take effect when the CD-ROM installation routine is invoked.2. Permitted Use2.1 As purchaser of the Resources the Licensee shall be entitled to install and use the Resources on a singlecomputer or multiple computers under the Licensee’s control for private domestic or educationalpurposes, subject to the restrictions set out below and, in the event that the Licensee is a school or othereducational establishment, the Licensee may make one backup copy only of the Skills Pack.2.2 Except as permitted by the Licence, no other copying, dissemination, publication, communication ormaking available to the public, repackaging or distribution, in any form of digital copies, in whole or inpart, is permitted.

2.3 Where any work (including an artistic work) appearing within the Resources incorporates, or has adjacentto it, the identity of the author or creator of the work, no digital copy of that work shall be made unless thedigital copy incorporates the identify of such author or creator.3. Restrictions on UseThe Licensee may not nor permit others to:-3.1 Place digital copies on the publicly accessible internet or be linked either directly or indirectly by hypertextlinks (or the like) to or from any external or third party website.3.2 Store digital copies in open resources (such as, but not limited to, electronic reserves, digital libraries orinstitutional repositories) to the extent that they are accessible to members of the public who are notAuthorised Persons.3.3 Sublicense, assign, rent, lend, sell, lease or transfer the Licence or the Resources or include the same ona bulletin board or make or distribute copies of the Resources except as permitted by this Agreement.3.4 Reproduce, transmit, transcribe, translate, reverse engineer, decompile, disassemble, or create derivativeworks based on the Resources except as permitted by law.3.5 Use any backup copy of the Resources for any purpose other than to replace the original copy in theevent that it is destroyed or becomes defective.3.6 Vary, delete or obscure any notices of proprietary rights or any product identification or restrictions on orin the Resources.3.7 Use the Resources for any purpose other than for educational use.4. UndertakingsThe Licensee undertakes to:-4.1 Ensure that prior to use of the Resources by its employees, all such parties are notified of this Licenceand the terms of this Agreement.4.2 Reproduce and include the Publisher’s copyright notice (or such other parties copyright notice asspecified on the Resources) on all and any copies of the Resources.4.3 Hold all drawings specifications, data (including object and source codes), Resource listings and all otherinformation relating to the Resources, confidential and not at anytime, during this Licence or after itsexpiry, disclose the same whether directly or indirectly to any third party without the Publisher’s writtenconsent.5. TitleAs licensee the Licensee owns only the medium on which the Resources are recorded or fixed and thePublisher at all times retains ownership of the Resources and all moral rights of artists and all othercontributors to the Skills Pack are hereby asserted.6. Warranty6.1 The Publisher warrants that for the period of 60 days from the date of the Licensee’s purchase of theResources (“the Warranty Period”) the medium on which the Resources are recorded will be free fromdefects and materials and workmanship under normal use. If the Skills Pack fails to conform to thiswarranty the Licensee may as its sole and exclusive remedy obtain a replacement from the Publisher freeof charge.

6.2 The Publisher shall not be liable under the warranty given in Clause 6.1 above if the Skills Pack fails tooperate in accordance with the said warranty as a result of any modification, variation or addition to theResources not performed by the Publisher or caused by any abuse, corruption or incorrect use of theSkills Pack or Resources, including use of the Resources with equipment or other software with whichthey are incompatible.7. DisclaimerThe Publisher does not warrant that these Resources will meet the Licensee’s requirements or that itsoperation will be uninterrupted or error free. The Publisher excludes and expressly disclaims allexpressed and implied warranties or conditions not stated in this Agreement (including without limitation,loss of profits, loss or corruption of data, business interruption or loss of contracts), so far as suchexclusion or disclaimer is permitted under the applicable law. This Agreement does not affect theLicensee’s statutory rights.8. Liability8.1 The Publisher’s liability to the Licensee for any losses shall not exceed the amount originally paid by theLicensee for the Resources.8.2 In no event will the Publisher be liable to the Licensee for any indirect or consequential damages even ifthe Publisher has been advised of the possibility of such damages. In particular, the Publisher accepts noliability for any programs or data made or stored with the Resources nor for the cost of recovering orreplacing such programs or data.8.3 Nothing in this Agreement limits liability for fraudulent misrepresentation or the Publisher’s liability to theLicensee in the event of death or personal injury resulting from the Publisher’s negligence.8.4 The Licensee acknowledges and agrees that the limitations contained in this clause are reasonable in thelight of all the circumstances.9. Termination9.1 The Agreement and the Licence granted to use the Resources automatically terminates if the Licensee:-9.1.1 fails to comply with any provisions of this Agreement9.1.2 destroys the copies of the Resources in the Licensee’s possession9.1.3 voluntarily returns the Resources to the Publisher9.2 In the event of termination in accordance with Clause 9.1 the Licensee must destroy or delete all copiesof the Resources from all storage media under its control.10. Formats10.1 Microsoft ® Word ® and Excel ® are trademarks of Microsoft Corporation (support website:http://support.microsoft.com/).10.2 Adobe ® , Acrobat ® and the Acrobat logo are trademarks of the Adobe Systems Incorporated (supportwebsite: http://www.adobe.com/support/).10.3 Smart Learning is not responsible for any technical problems arising with any of the third party softwarepackages listed in points 10.1 to 10.3 and does not provide technical support for these packages. If helpis required with using these packages the relevant company support website should be referred to.11. British Library Cataloguing in Publication Data

A catalogue record for this publication is available from the British Library.12. General12.1 This Agreement constitutes the entire agreement between the parties and may not be varied except inwriting between the parties. All other terms and conditions expressed or implied by statute or otherwiseare excluded to the fullest extent possible by law.12.2 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable inwhole or in part, the validity of the other provisions of this Agreement and the remainder of the provisionin question shall not be affected and shall remain in full force and effect.12.3 No failure or delay by either party in exercising any of its rights under this Agreement shall be deemed tobe a waiver of those rights and no waiver by either party of any breach of the Agreement by the othershall be considered as a waiver of any subsequent breach of the same or any other provision.12.4 This Agreement is personal to the Licensee and the Licensee may not assign, transfer, subcontract orotherwise part with this Agreement or any right or obligation under it without the prior written consent ofthe Publisher.12.5 English law shall apply to this Agreement and the parties agree to submit to the jurisdiction of the EnglishCourts.12.6 It is not intended that any of the terms of this Agreement will be enforceable by virtue of the Contracts(Rights of Third Parties) Act 1999 by any person not a party to it.