SummaryMultimedia Design And Technology Education products are licenced and not sold. A Multimedia Design And Technology Education product Single User Licence and Multimedia Design And Technology Education product School Site Licence may only be purchased from Multimedia Design And Technology Education. A Multimedia Design And Technology Education product Single User Licence or School Site Licence may not be sold/resold, lent or given to a third party. Single User Licence. The Single User Licence allows a single person to use the Multimedia Design And Technology Education product on a single personal computer at home or other private residence. The product must not be shared in any way, with any person or entity, and must not be loaded onto any ICT network, web site, blog etc. School Site Licence. A School Site Licence allows the school or college (maximum 1800 students on the school/college roll) that purchased the Multimedia Design And Technology Education product School Site Licence to use the product for educational purposes with the students enrolled at that school. The School Site Licence allows the Multimedia Design And Technology Education product to be 1) copied onto CDs and to be distributed to the students enrolled at the school/college and 2) to be loaded onto the school/college’s internal ICT network for the exclusive use of the students enrolled at the school/college, as long as that:
Amendment to the Terms and Conditions, effective from 22/4/2008 The change has been to reduce the credit time for UK LEA schools from 60 days to 30 days. DEFINITIONS In these Terms and Conditions the following words have the following meanings: "Product" means any Multimedia Design and Technology Education product(s) and/or services as specified in your order, or which these Conditions otherwise accompany, or which are otherwise supplied to you on these Conditions; APPLICATION OF THESE TERMS AND CONDITIONS These Terms And Conditions shall apply to your use of any Multimedia Design and Technology Education products and services and is subject to these Conditions and the End-User Licence. EXCLUSION OF YOUR TERMS VARIATION Multimedia Design and Technology Education reserve the right to vary or amend these Conditions at any time. ENTIRE AGREEMENT These Conditions supersede any prior promises, representations, or undertakings given by Multimedia Design and Technology Education. CONSUMERS Nothing in these Terms and Conditions shall prejudice your statutory rights. THIRD PARTIES Nothing in these Conditions or the Agreement shall create any right enforceable by a person not a party to the Agreement and the Contracts (Rights of Third Parties) Act 1999 shall not apply to the provisions of the Agreement. CANCELLATION OF GOODS AND SERVICES You may cancel your order for any Multimedia Design and Technology Education product by notice to Multimedia Design and Technology Education within 7 working days from the day on which you received the Multimedia Design and Technology Education product on condition that:
If you are entitled to cancel your agreement with us as set out above, and you wish to exercise that right, you must send us your notice by email to info@notesandsketches.co.uk or by first class registered post to Multimedia Design and Technology Education, 75 Greenfield Crescent, Grange Moor, Wakefield, West Yorkshire, WF4 4WA. If you validly exercise a right to cancel, we will refund the Fee paid within 30 days minus any postage and packing expenses. DELETION OF ELECTRONIC MEDIA GOODS / RETURN OF CDs On cancelling a Multimedia Design And Technology Education product, you undertake to delete the product and any copies of the product from your hard drive and any other storage devices and to return any CDs to Multimedia Design And Technology Education. PRODUCT DETAILS In relation to all Multimedia Design and Technology Education Products: Specification: Multimedia Design and Technology Education product will have the specification, description and contents published and determined by Multimedia Design and Technology Education from time to time. End-User Licence: Each Multimedia Design and Technology Education product comes with an End-User Licence which sets out the only rights which you will have in relation to the Multimedia Design and Technology Education product. Fees: Payment of the Fees is a condition of use of the Multimedia Design and Technology Education product (except for any parts that we make freely available). Delivery: LEA Schools in the United Kingdom may download Multimedia Design and Technology Education products as soon as their order has been received and their download codes have been e-mailed to them. Non-LEA schools and individuals paying by credit card may download Multimedia Design and Technology Education products as soon as payment has been made and they receive a download code, (normally straight away). Individuals, schools and colleges paying by cheque will be sent download access codes as soon as their cheque has been cleared by the banks. Orders for CDs will be despatched by post by the next working day after the order has been received from an LEA school or with a Paypal payment, or on the next working day after a cheque payment has been cleared. User Names and Passwords: Your access to downloads is by user name and password. You will be issued a single user name and password. The passwords must be kept secret and personal to you and must not be disclosed to any third party in any circumstances. You must take all reasonable precautions to prevent your password from being seen or used by anyone other than by the nominated user. You must inform us immediately if you know or suspect that someone else knows your password, so that we can cancel it and issue a new password. Password Disclosure: If you disclose or share a user name or password with another person or allow another person to use a Multimedia Design and Technology Education Product who is not licenced to use it, you agree to indemnify Multimedia Design and Technology Education for any losses or damages suffered or incurred by us as a result of your actions. If we reasonably believe that a user name and password are being used in any way that is not permitted by us, we reserve the right to cancel access rights immediately without notice, and to take legal action to recover lost revenue. Access: Our Products are delivered on a Compact Disk (CD) or may be downloaded from our web site. Access Arrangements: It is your responsibility to make the necessary arrangements to access Multimedia Design and Technology Education product downloads via the internet. We will be responsible for ensuring that our products are accessible on the internet. Changes: We reserve the right to alter without notice the arrangements for access to our products and to change the Content and presentation of our product. (Our products are under continuous development. New material and improvements are supplied in Updates. Updates: Multimedia Design and Technology Education products are updated from time to time. The material on the Design and Resistant Materials Technology CD/download is updated each UK school term with new material that may normally be downloaded free of charge for the first year after the invoice date. Suspension: We shall be entitled to suspend and take out of use any Web site or Multimedia Design and Technology Education product at any time and from time to time without notice to you, for the purposes of maintenance, repair and upgrade, dealing with any actual or suspected security breach, virus, or attack or any misuse by any person, and taking any other action that we reasonably consider necessary for the efficient operation and maintenance of our web sites or Multimedia Design and Technology Education products. FEES In consideration of the supply of Multimedia Design and Technology Education products, you must pay the Fee specified by us. VAT: At present, no VAT is payable on Multimedia Design and Technology Education products. When VAT is payable, the product price/fee will be displayed as “an amount” + VAT. Delivery Costs: Unless otherwise agreed by us in writing, all Fees are an ex-works price, and we shall be entitled to make an additional charge for delivery of any Multimedia Design and Technology Education product, that is delivered on any physical media, including all costs of carriage, packaging and insurance in transit, and all taxes and duties referable to the Multimedia Design and Technology Education product, and its import or export. No delivery charges will be made for products downloaded from Multimedia Design and Technology Education web sites. Due Date: Unless otherwise stated by Multimedia Design and Technology Education, all Fees are payable in advance prior to access being given to or delivery of any Multimedia Design and Technology Education product, and we shall not be obliged to supply or give access to any Multimedia Design and Technology Education product until we have received payment in full. Credit Terms: LEA Schools in the United Kingdom are normally granted 30 days credit by Multimedia Design and Technology Education. In this case, we will invoice you when we have given you access to, or despatched the Multimedia Design and Technology Education product, or in the case of renewal of any Multimedia Design and Technology Education product, on the date of renewal. You must pay such an invoice within 30 days of the Invoice Date. We shall have the right to withdraw such credit terms at any time on notice to you. Payment of the essence: Payment of all Fees, in full by the due date, is a condition of and of the essence of the Agreement. Payment Method: The Fee is payable at our option by either credit or debit card, cheque or bank transfer. Interest: If any Fees become overdue, you shall pay interest on such Fees, such interest to accrue from day to day at the per annum rate 5% above the base rate of HSBC Bank plc from the due date until the date on which the amount due is received. Currency: All Fees shall be paid in the currency in which they were stated or quoted to you, and you shall take the risk of any exchange rate fluctuations if you use funds in a different currency to pay the Fees. No-Set Off: You shall pay all Fees in full without any set-off, counterclaim, deduction or withholding. Recovery Costs: You shall pay all costs and expenses (including legal costs) incurred by us in enforcing payment of any Fees. END-USER LICENCE Intellectual Property Acknowledgement: You acknowledge that all Intellectual Property Rights in and to any Multimedia Design and Technology Education web sites, all Multimedia Design and Technology Education products, and all Contents are and shall remain the sole and absolute property of Multimedia Design and Technology Education and of any third party that owns any such Intellectual Property Rights, and you agree that no right, licence or permission is granted to you or right, title or interest transferred to you in respect of any such Intellectual Property Rights, except for any licences expressly granted in these Conditions. You may not do anything with our web sites, Multimedia Design and Technology Education products or Content except as authorised in these Conditions. All licences implied by law are hereby excluded and all other rights are expressly reserved. Application: In relation to any Multimedia Design and Technology Education Product, you are granted a licence with the rights set out below: Purpose of use: Where you are a school or other institution with a Multimedia Design and Technology Education School Site Licence, you may only use the Multimedia Design and Technology Education product for the purposes of teaching students at that school or institution. Where you are an individual, you may only use the Multimedia Design and Technology Education product for your own individual learning purposes. You may not otherwise use the Multimedia Design and Technology Education product for any other purposes or share the Multimedia Design and Technology Education product with any other person. Scope of use: Single User Licence. The single user licence allows a single person to use the Multimedia Design And Technology Education product on a single personal computer at home or other private residence. The product must not be shared in any way, with any person, and must not be loaded onto any ICT network, web site, blog etc or shared as printed material. Scope of use: School Site Licence. With a School Site Licence, a single school or college (maximum 1800 pupils/students on the school/college roll) may use the Multimedia Design and Technology Education product for educational purposes with the students enrolled at that school. The School Site Licence allows the Multimedia Design And Technology Education product to be 1) copied onto CDs and to be distributed to the students enrolled at the school/college and 2) to be loaded onto the school/college’s internal ICT network for the exclusive use of the students enrolled at the school/college, as long as that:
Scope of rights: Your rights in relation to any Multimedia Design and Technology Education product are to download, run and view the Contents of the Multimedia Design and Technology Education product and to use its functionality and services, and with a School Site Licence to print a reasonable number of hard copies of any Contents of the Multimedia Design and Technology Education product or anything produced using the Multimedia Design and Technology Education product, for use by you or within your school or institution in accordance with the permitted purposes of use. General Conditions: All End-User Licences granted in relation to any Multimedia Design And Technology Education products are subject to the following conditions:
WARRANTY Scope of warranty: (Subject to the warranty limits set out below) If a Multimedia Design And Technology Education product is not of satisfactory quality or has not been provided with reasonable care and skill, or does not conform to or function in accordance with its published specification or description or any requirements of the Agreement; or any CD Rom on which any Multimedia Design And Technology Education product is supplied is defective, then our sole liability and your sole remedies shall be (at our sole option):
Warranty Limits
WEBSITE TERMS AND CONDITIONS Links to other sites: We may provide access via hypertext links to resources on other web sites but in so doing we are not endorsing any linked entities nor authorising any act which may be in breach of any Intellectual Property Rights. We do not accept any responsibility or liability for any of the materials contained on any third party web sites, or for any goods or services supplied by those third parties. Prohibited Reproduction: You may not reproduce, copy or redistribute the design or layout of any Multimedia Design And Technology Education web site or any product, or individual elements of the web site design, animations or logos without the express written permission of Multimedia Design And Technology Education. Timescales: Multimedia Design And Technology Education agrees to use reasonable efforts to perform its obligations under this Agreement by any date or within any time stated in this Agreement, or if no date or time is stated, by such reasonable date or time as Multimedia Design And Technology Education shall specify. Improper Content: Multimedia Design And Technology Education will ensure that its products do not contain any materials which are:
YOUR OBLIGATIONS Viruses: You must take all appropriate preventative measures and ensure all appropriate safeguards are in place to guard against viruses and other malicious software before downloading, installing, viewing or running any images, software or other materials provided by us. We recommend that you scan any computer disc or download before using it. Law and Jurisdiction: The Agreement and these Conditions are subject to English law and you and we submit to the exclusive jurisdiction of the English courts. |
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