STANDARD SOFTWARE LICENCE AGREEMENT
It is agreed as follows:
1.1 This Licence agreement is supplementary to the Standard Terms and Conditions (“the Terms”) set out on each order for the Goods and shall vary the Terms only to the extent set out herein. In the event of any inconsistency between this Licence and the Terms, this Licence shall prevail.
1.2 Any reference to defined terms in this Licence is a reference to the definitions in the Terms, unless otherwise stated herein.
2.1 “Goods” the Electronic Download and/or CD Rom containing the Software and the packaging of the CD Rom and supplied to the Buyer under the Terms.
2.2 “Software” the software and any documentation, associated media, printed materials and embedded materials or any part thereof contained in the Goods.
3.1 The Company hereby licences the Software to the Buyer on a limited, non-exclusive, royalty free, perpetual, non-transferable basis in the United Kingdom only, subject to the terms set out in this Licence.
3.2 The Buyer may use the Software solely for internal purposes as an educational teaching aid only. The Software may only be used on one computer at 1 site of the Buyer.
The Software may only be used in respect of each copy purchased from the Company as follows:
Single User Licence o 1 computer at a single site.
Multi User Licence o Up to 5 computers at a single site. (Contact us for price)
Site Licence o All computers or networks at a single site. (Contact us for price)
3.3 The Company shall be under no obligation to provide upgrades of the Software.
4. LICENCE RESTRICTIONS
4.1 The Buyer may not:
4.1.1 make or distribute copies of the Software, other than one copy for back-up purposes only;
4.1.2 sell, sub-licence or transfer the Software to any third party;
4.1.3 decompile, reverse engineer, disassemble or otherwise reduce the Software to eye-readable form;
4.1.4 modify or use the Software to create any derivative works;
4.1.5 make any public presentation (other than in accordance with the licence granted in Section 3.2) of the Software or using the Software or any printed copy of the Software without the prior written consent of the Company.
5. WARRANTY AND LIABILITY
5.1 The Company will free of charge for the duration of the Licence and where the Software and/or the Goods is proved to the reasonable satisfaction of the Company to be damaged or defective due to defects in material, workmanship or design, replace such Software and/or Goods up to a maximum of three times.
5.1.1 DIGITAL DOWNLOADS - due to the fact that the purchase of digital downloads can be abused, we can offer no refunds on the purchase of digital downloads when a working download link has been sent. We will however work with the customer to resolve any issues that may occur when accessing the download, including sending further download links if necessary. As a last resort, we may offer the customer a CD copy of the files at our expense if the customer fails to download. Buy purchasing a download or downloads, the customer is agreeing to these terms.
5.1.2 In keeping with software industry standards, we will gladly accept returns of packaged software within 30 days of purchase in an unopened packaging only. We cannot accept returns of CD’s that have been removed from the case and/or placed in a computer CD or DVD drive. Downloaded software purchased on-line through our website is considered opened at the time of purchase.
5.1.3 We will not process any software returned to us if it has been opened or placed in a CD or DVD drive. Our exam simulator software is for personal use only, unless a training license is purchased. Activation is based on IP address and using the software on several IP addresses may result in the software becoming locked. If you have a legitimate reason for using the software on several IP addresses, please contact us so that we may ensure your software does not de-activate. Very high usage on more than one IP could be construed as the simulator being used for training purposes. To avoid this, please contact us if you expect high usage on more than one IP address. We reserve the right to refuse returns or to charge you our fees and expenses if the product is received otherwise than in accordance with these requirements.
Exam simulators are designed as a revision aid and to help familiarise the learner with the GOLA or e-volve exam interface. As actual exam questions are changed on a regular basis and are kept confidential by the certification body, the questions within the simulator can only be a representation of the actual exam questions and can not be expected to be identical. We update our software regularly and our exam simulators and the questions and answers they contain are updated on a regular basis and any questions we deem to be no longer relevant or incorrect will be replaced. Updates may be made available free of charge to previous customers at the discretion of Electacourse Limited. Please also see our returns and refunds policy.
5.2 Subject to Section 5.1, the provisions of Sections 8.5, 8.6, 8.7 and 8.8 of the Terms shall apply to the provision of the Goods.
6.1 The Company may terminate this Licence upon written notice in the event of:
6.1.1 Any breach by the Buyer of any of the terms of this Licence or any material breach of the Terms; or
6.1.2 Termination of the Terms for any reason whatsoever.
6.2 Upon termination of this Licence in accordance with Section 6.1, the Buyer shall immediately:
6.2.1 Cease to use the Software and/or the Goods and return the same to the Company or destroy/delete the Software and/or the Goods as instructed by the Company; and
6.2.2 Destroy/delete any copy made in accordance with Section 4.1.1