Title: Terms_23-6-11
Course: Sample IMS Common Cartridge

Terms and Conditions

Terms and Conditions amended 23 June 2011

Summary

Multimedia 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.
Multimedia Design And Technology Education products may not be loaded onto VLEs, ICT networks, web sites, blogs or other places and media that enable people to freely access the product or parts of the product, except as stipulated in the School Site Licence provisions below.

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, VLE, 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 or college site.

A school or college located on several sites will need a Site Licence for each site where the Multimedia Design and Technology Education product will be used.

The School Site Licence allows the Multimedia Design And Technology Education product to be loaded onto the school/college’s internal ICT network and/or Virtual Learning Environment (VLE) for the exclusive use of the students enrolled at the school/college, as long as that:

- Students, teachers and others who have access to the product agree to be bound by the terms of this Agreement;
- The school/college ICT network cannot be accessed by people not enrolled at the school/college;
- Teachers, students, supply teachers, temporary teachers, assistants, technicians and others who may move to another school/college or work at another school/college do not take or send copies of the Multimedia Design And Technology Education product to another school/college, institutions or private residence.

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;
"Agreement" means each quotation, offer, order, acceptance, and agreement which incorporates these Conditions;
"Conditions" means these Multimedia Design and Technology Education Terms and Conditions.
"Contents" means the images, text, software, services, functions and other materials and things that are provided as part of the Multimedia Design and Technology Education Product;
"End-User Licence" means the Single User Licence or the School Site Licence needed to use Multimedia Design and Technology Education Products
"Fee" means the price, subscription fee or other fees payable for the Multimedia Design and Technology Education Product, as specified by Multimedia Design and Technology Education;
"Intellectual Property Rights" means all and any copyrights of Multimedia Design and Technology Education material, (textual, graphic, images, animations, video, film, and all forms of electronic media), design rights, patents, database rights, rights in domain names, trade marks, rights in inventions, moral rights, and all other intellectual property or other rights which exist now or in the future in any part of the world, whether registered or not, and any applications to register or rights to apply for registration of any of such rights;
“Invoice date” means the date found on the product invoice; it is normally the date that the product is despatched by post or the date that the download codes are sent to you by email;
“School/college” means the school or college that is purchasing or has purchased any Multimedia Design and Technology Education product, product licence or service under an agreement which incorporates these Conditions.
"You, your" means the person, firm, company, school or other educational establishment who/that is purchasing or has purchased any product or service of Multimedia Design and Technology Education under an agreement which incorporates these Conditions, or who has otherwise been supplied with or given access to any product or service of Multimedia Design and Technology Education which these Conditions accompany;
"Web site" means any web site through which access is gained to any Multimedia Design and Technology Education Product.
"We, us, our, Multimedia Design and Technology Education" means Laszlo Lipot, trading as Multimedia Design and Technology Education (registered with the National Business Register PLC, Business Name Registration No. 2263020, registered offices are at 13 Mill Lane, Ryhill, West Yorkshire, WF4 2AL and at 8630, Balatonboglar, Alkotmany Utca 9, Hungary), and associates who collaborate and contribute to the production, advertising, sale and dissemination of Multimedia Design and Technology Education products.

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
All terms and conditions of yours that you seek to incorporate into the Agreement are hereby excluded.

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:

- you have not distributed the product under the terms of the Site Licence Agreement or otherwise;
- you have not made the product available for others to see, e.g. by loading the product onto a school ICT network.

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, 13 Mill Lane, Ryhill, West Yorkshire, WF4 2AL. 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/links 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.

Download Link: Your access to downloads is by using a download hyperlink sent to you by Multimedia Design and Technology Education. The link 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 download link 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 download link.

Download Link Disclosure: If you disclose or share a download link 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 download link is 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 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.

Updates: Multimedia Design and Technology Education products are updated from time to time.

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 Laszlo Lipot, trading as as "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, VLE, web site, blog etc or shared as printed material.

Scope of use: 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 or college site.

A school or college located on several sites will need a Site Licence for each site where the Multimedia Design and Technology Education product will be used.

The School Site Licence allows the Multimedia Design And Technology Education product to be loaded onto the school/college’s internal ICT network and/or Virtual Learning Environment (VLE) for the exclusive use of the students enrolled at the school/college, as long as that:

- Students, teachers and others who have access to the product agree to be bound by the terms of this Agreement;
- The school/college ICT network cannot be accessed by people not enrolled at the school/college;
- Teachers, students, supply teachers, temporary teachers, assistants, technicians and others who may move to another school/college or work at another school/college do not take or send copies of the Multimedia Design And Technology Education product to another school/college, institutions or private residence.

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:

- All licences and rights granted are non-exclusive.
- Each End-User Licence shall be subject to the limitations as to users and other qualifications specified by us.
- The Content of any Multimedia Design And Technology Education product may be modified to suite individual learners within the institution that has bought a Multimedia Design And Technology Education School Site Licence for that product.
- You may not resell, reproduce, copy or redistribute any Multimedia Design And Technology Education product, material, media or logos, whether modified or in the original form without the express written permission of Multimedia Design And Technology Education.
- You have no right to physically replicate all or any part of any object, pattern or other item which is depicted in any Content, including reproducing any design recorded in any Content except to use as teaching material in a school that has purchased a Multimedia Design And Technology Education School Site Licence for that product.
- All copies of any part of the Multimedia Design And Technology Education product or any Content must bear an acknowledgement as to the owner of the Intellectual Property Rights in such materials, and you must not remove any copyright, trademark and other proprietary notices included in any Multimedia Design And Technology Education product.
- You shall not be entitled to sub-licence any of the rights granted under the End-User Licence.
- You must not modify, edit, adapt, reverse engineer, decompile, disassemble, create derivative works based on or copy any software, save solely for the purposes expressly permitted by Multimedia Design And Technology Education.
- You must use reasonable endeavours to prevent any unauthorised access or copying.
- Multimedia Design And Technology Education and all other owners of Intellectual Property Rights in Multimedia Design And Technology Education products or any of its Content or anything depicted in the Content, retain all moral rights in relation to the Product and their Contents, including any right to hold itself out as creator or author, and you shall not do anything or permit anything to be done which conflicts with such rights.
- We may on reasonable notice, audit your systems, and those of any hosting company, including by physical inspection, to verify that you are complying with these Terms and Conditions and the End-User Licence. You must provide all reasonable assistance and co-operation to enable this audit to take place.

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):

- rectification of any such problem or non-conformity within a reasonable time;
- return and/or termination of the Multimedia Design And Technology Education product and a full refund or any reasonable proportion of any Fees paid;

Warranty Limits

- You agree that you have selected the Multimedia Design And Technology Education product and that you are responsible for determining that the Multimedia Design And Technology Education product is fit for any specific expectations or purposes you may have.
- We do not agree that any software provided will be free from minor bugs or errors, or that any service will be free from minor interruptions or delays. If you notice an inaccuracy or omission, we respectfully ask you to inform us so that we may correct and update the related Content.
- If you use any Multimedia Design And Technology Education product in a manner not permitted by the End-User Licence, then we shall have no further liability to you in respect of that product.
- Any material downloaded or otherwise obtained by you from Multimedia Design And Technology Education is done at your own discretion and risk and on the basis that you will be solely responsible for any damage to your computer system or loss of data that results from the download and installation of any such material.

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.

Time scales: 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:

- defamatory, libellous, obscene, promotes violence or discrimination based on race, sex, religion, national origin, physical disability, mental disability, age or which promotes any illegal activities;
- viruses, worms, trojan horses, or any other contaminants that may be used to access and/or modify, delete or damage any data files or other computer programs.

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.

Copyright © Multimedia Design and Technology Education
http://www.notesandsketches.co.uk
Email: info@notesandsketches.co.uk
Terms and conditions of use