KAZ UK Schools LicenceRIGHTS GRANTED The LICENSOR grants to the LICENCEE a non-exclusive licence to use the Product at the Site Address(es) on the terms herein for the period specified in the Schedule. Where the Academic Free Licence for one Workstation has been purchased use of the Product is limited to one PC with unlimited users. Where extra CD's are purchased their individual use is limited to a single PC for each CD. In particular the LICENCEE may not make the Product available on a network or intranet Where the Windows and Mac Academic Network or Intranet has been purchased, one copy only of the Product may be installed on the LICENCEE 's single intranet web server or in the case of a network licence, on the network fileserver at each licensed site address. The LICENCEE may not make copies of the Product. The LICENCEE may not assign or transfer its rights or obligations under this Licence without the prior written consent of the LICENSOR . The control and distribution of the Product is the responsibility of the LICENCEE USE The Product may be used by any employee or student of the LICENCEE for the purposes of the normal business of the LICENCEE 's organisation in teaching and personal education development. The LICENCEE is not permitted to use the Product commercially for monetary gain and any such use must be the subject of a written agreement between the LICENSOR and the LICENCEE which will involve a further payment to be made. TERMINATION In the event that this Licence Agreement is terminated for any reason, the LICENCEE agrees to immediately remove and destroy all copies of the Product from its computer systems, to destroy the media the Product was supplied on and to confirm in writing to the LICENCEE observance of this clause within 7 days. The LICENCEE agrees that in failing to observe this clause it will be using the Product outside the terms of this Licence Agreement and will be liable to pay the LICENSOR the current licence fee together with the LICENCEE 's costs in recovering this and in dealing with the matter. PROPRIETORY RIGHTS The LICENCEE shall not acquire any title, copyright or other proprietary rights in the Product. The LICENCEE agrees that they will not reproduce, copy, broadcast, network, modify, make derivative works, alter, decompile, reverse engineer, sell, lease, trade-in, rent, lend or permit the use of the Product by others. The Product is being provided to the LICENCEE exclusively for their use. Specifically the LICENCEE is not permitted to make the Product available on the Internet and in agreeing to the terms of this licence the licensee undertakes to take all reasonable steps to prevent either accidental or deliberate Internet publication of this software or the course material. 'KAZ', all of the phrases used and the KAZ bird are trademarks of Gotham New Media Ltd INSPECTION RIGHTS The LICENCEE agrees to permit the LICENCEE or its appointed representative upon reasonable notice access to its premises for the purpose of verifying compliance with this Licence. LIMITED WARRANTY GNM warrants to LICENCEE that the media upon which the course is recorded shall be free from defects in materials and workmanship under normal use and service for a period of one year from the date of purchase. NO OTHER WARRANTIES With respect to the Product, GNM disclaim all warranties other than the above limited warranty by GNM, either express or implied including but not limited to implied warranties of merchantability and fitness for a particular purpose. GNM does not warrant that the course will meet the LICENCEE'S requirements or that the operation of the course will be error free. In particular GNM does not warrant that end users will achieve touch-typing skills in 90 minutes as times vary from person to person. The complete KAZ course takes an average of 4 hours plus practice. Any use of the Product on the LICENCEE'S computer equipment or in connection with the LICENCEE'S information system(s) or operations is at the LICENCEE'S sole risk and the LICENCEE shall be responsible for the installation of the Product, it's compatibility and effect on the LICENCEE'S computer hardware, software, information system(s) or operations. Whilst GNM will endeavour to ensure that its Product and the method by which it is distributed is free from viruses, in accepting the terms of this Licence Agreement, the LICENCEE shall bear the ultimate responsibility for ensuring the same, both prior to installation on its computer systems and subsequently during everyday use. LIMITATION ON DAMAGES In no event shall GNM be liable for any damages whatsoever (including without limitation, damages for loss of profit, business interruption, loss of information, or other pecuniary loss) arising out of the installation of, the use of, or inability to use the Product, even if GNM have been advised of the possibility of such damages. In no event will GNM's liability for any reason exceed the actual price paid for the licence to use the Product. DEFAULT If either party materially breaches this Licence and fails to cure such breach within 30 days of receiving written notice of such breach, or if either party goes into liquidation (voluntary or otherwise) other than for the sole purpose of reconstruction, the other party shall have the right to terminate this licence. LAWS This Agreement is governed by the laws of England and is subject to the jurisdiction of UK courts |
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