Licence Agreement for Inclusive Technology Products

This is a legally binding licence agreement, which states the computer licence that you have purchased of the software mentioned below for use at your site. This license allows for concurrent use of the software and indicates the maximum number of computers or that the software can be installed on to, or the site limit. By installing the software mentioned below you are deemed to be in agreement with the terms of this licence.

This licence agreement contains all of the terms and conditions that apply to your use and copying of the Inclusive Technology products with which this licence agreement is supplied. If you do not agree with any part of this licence agreement, then simply return the product with a dated proof of purchase to the place where you obtained it for a full refund. If you have not returned the product within 30 days of the day on which you received it (or such longer period as may be reasonable in the circumstances), or if you use or copy the product in any way, then you shall be bound by this licence agreement.

Definitions

In this Licence Agreement we use the following expressions, which have the following meanings (unless otherwise stated):

Establishment means the nursery, school, college, training centre, health institution or other organisation operating under single name, purchasing a licence to use the software, and geographically contained within

(for the UK or Canada) a single postcode, or

(for the USA) a single nine-digit zip code, or

(for other countries) a group of buildings situated within 20 metres of one another
and not isolated from one another by any physical barriers during normal hours of
use (other).

Multi-User Licence means a licence to use the software on 2 or more computers as described in clause 1.1 below;

Physical Products and Products mean CD-Roms, DVDs, floppy disks, and/or any other form of physical media in which we make the software available;

Single User Licence means a licence to use the software as described in clause 1.1 below;

Home User Licence means a licence to use the software as described in clause 1.2 below;

Site Licence means a licence to use the software as described in clause 1.1 below;

Software means stand-alone software Products and/or software embedded in the Products;

We and Us mean Inclusive Technology Limited, trading as Inclusive Technology, our agents and subcontractors.

 

1. Licence Application

Licence fees vary according to the type of Product and licence purchased.

1.1 Establishments

We hereby grant you a non-exclusive licence to use the Products in accordance with the User Documentation and the terms of the licence you have selected as set out below:

Single User Licence: You may access and use the Products on a single computer within your Establishment.

Multi-User Licence: You may access and use the Products on 2 or more computers within your Establishment according to the licence size.

Site Licence: You may access and use the Products on a network of computers within your Establishment. If you want to use the Products on more than one computer simultaneously you must obtain a Multi-User Licence, Additional User CD-Rom Licence, Additional User Licence and/or Site Licence as appropriate.

You may not install, access and/or use the Products on any computer or networks outside of your Establishment except that, in accordance with the licence you have purchased, you may install, access and/or use the Products on a portable computer provided that the portable computer is owned by the Establishment that purchased the licence.

1.2 Home use

We hereby grant you a non-transferable, non-exclusive licence to use the Products in accordance with the User Documentation and the terms of the licence you have purchased as set out below:

Home User Licence: You and/or members of your household may access and use the Products on a single computer within your home for your personal use.

 

2. Permissable Use

2.1 You may in respect of materials in the Products and/or available via the Products, Provided you retain all and any copyright and proprietary notices or acknowledge our copyright, retrieve and display them on a computer screen.

2.2 You may in respect of materials in the Products and/or available via the Products, Provided you retain all and any copyright and proprietary notices or acknowledge our copyright, store them in electronic form (except that you may not store them on any server, website, public or private electronic retrieval system or service or other storage device connected to a network without our prior written permission.

2.3 You may in respect of materials in the Products and/or available via the Products, Provided you retain all and any copyright and proprietary notices or acknowledge our copyright, store them in electronic form.

2.4 You may in respect of materials in the Products and/or available via the Products, provided you retain all and any copyright and proprietary notices or acknowledge our copyright, access, print and/or download extracts provided that you do not modify in any way any documents or related graphics, separate any graphics from the accompanying text, or use copies of those materials (whether hard copy or electronic form) outside your Establishment or home, except for the purpose of demonstration or training.

2.5 If you breach any terms in this Licence Agreement we may demand that you delete from your computer any installed set-up program or back-up or other copies of the Products or any part of them and return the Products to us. We prohibit any use of extracts from the Products for any purpose not mentioned above.

2.6 Proprietary Rights

The Software is proprietary information in which Inclusive Technology Ltd, its licensed distributor, claims the right to enforce trade secret rights on behalf of the authors of the Software. The Software is protected by copyright laws, and no unauthorised copying or distribution of, or other act with respect to the Software is allowed that would violate those laws. The Licensee may not modify, reverse engineer, decompile or disassemble the Software and may not deliver copies to, or sell, rent, lease or sub-licence the Software to, anyone else.

2.7 Term

This agreement is effective until terminated. The licensee may terminate it by destroying the program, documentation, and all copies thereof and informing Inclusive Technology Ltd in writing that it has done so. This agreement will also terminate if the Licensee fails to comply with any term or condition of this agreement. The Licensee agrees, upon such termination, also to destroy all additional copies of the program and documentation.

 

3. Warranty

In no event will Inclusive Technology Ltd be liable to you for damages, whether based on contract, tort, warranty or other legal or equitable grounds, including any loss of profits, cost savings or other incidental or consequential damages arising out of your use or inability to use the Software, even if Inclusive technology Ltd or an authorised representative of Inclusive technology Ltd has been advised of the possibility of such damage. Inclusive technology Ltd does not warranty that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free.

Inclusive technology Ltd disclaims all other warranties, either expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the product. This limited warranty gives you certain legal rights. You may have others, which may vary in your local area.

 

4. Intellectual Property

Title to the Products is not transferred to you. Subject to the rights which we grant you under this Licence Agreement, ownership of all copyright in any Software and any back-up copy of the Software made by you pursuant to clauses 2.2 and 3 above, copyright, design and database rights in the Products and the material available on the Products (including without limitation images, photographs, animations, video, audio, music and text), brand, product and service names and titles used in or in connection with the Products, any other intellectual property rights subsisting in the products remains vested in us, Inclusive Technology and/or our suppliers, and are protected by United Kingdom copyright laws and international treaty provisions. All other rights reserved.

Use of the Products does not constitute a licence for you to use any trade marks, designs, get-up and/or logos of us and/or our suppliers.

There are copyright laws to prevent people from reproducing material (text, images and photographs) unless they own the copyright or are authorised by the copyright owner to do so. In the simplest terms, the copyright owner is the person who created the material.

You are responsible for ensuring that your use of the Products does not infringe the copyright or other intellectual property rights of any person and complies with all applicable terms and conditions. Before using or copying any materials which you locate using the Products you should check that use or copying will not infringe the copyright or other intellectual property rights of any person and if necessary obtain licences and permissions. If you are unsure about the position you should contact the publisher of the material or owner of the website where it is made available.

 

5. Law

This Licence Agreement is governed by English law. You hereby irrevocably submit to the exclusive jurisdiction of the English courts notwithstanding the jurisdiction where you are based.

 

Please contact us if you have any queries or comments:

 

Email: inclusive@inclusive.co.uk Telephone: 01457 819790

www.inclusive.co.uk