IMPORTANT: THIS SOFTWARE PRODUCT IS LICENSED BY EDPAX LIMITED ("EDP"). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. BY INSTALLING AND/OR OPERATING THIS SOFTWARE YOU HAVE INDICATED YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU USE THIS SOFTWARE IN CONJUNCTION WITH PRODUCTS PROPRIETARY TO THIRD PARTIES YOU MUST ALSO READ, AGREE TO AND COMPLY WITH THE TERMS AND CONDITIONS SET OUT IN THE RELEVANT THIRD PARTY LICENCE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD, WITHIN 7 DAYS OF RECEIPT, RETURN THE SOFTWARE, USER MANUAL, AND ANY OTHER ASSOCIATED DOCUMENTATION THAT COMPRISE THIS SOFTWARE MEDIA PACKAGE INTACT TO YOUR SUPPLIER (RETAINING NO COPIES OF THE WHOLE OR ANY PART OF THE SAME) WHO WILL CREDIT THE LICENCE FEE PAID BY YOU. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE THE SOFTWARE.
The Software media, the user manual and any other associated documentation as well as any and all derivatives thereof (“the Software”) is supplied to you upon the following terms which you will be deemed to have accepted.
All copyrights and other intellectual property rights in the Software are proprietary to EDP and you may not load the Software into a computer or use the Software in any manner without the express licence of EDP on the terms set out below.
In consideration of the licence fee you are granted a non-exclusive, non-transferable licence to use the Software in accordance with the terms and conditions herein, and within the scope of the licence as set out below:
[You may install and use a single copy of the Software on a single computer linked to a single electronic white board. The software [may not] be transferred to a different single computer linked to a single white board from time to time. You must acquire additional single user licences for each additional computer and white board in relation to which you wish to install the Software.
You may not
This Licence Agreement becomes effective when you first operate the Software. The licence granted under this Agreement shall terminate automatically if you are in breach of or fail to comply with any term or condition in it. Upon such termination you must destroy all copies of the Software, completely purge the Software from any system/equipment, and certify to your Supplier that they have been so destroyed. Upon such termination you will not be entitled to any refund of any monies or other consideration paid by you and you relinquish all rights granted to you under this Agreement
For a period of 30 days from the date on which you receive the Software, your Supplier will if you discover and notify your Supplier of any material physical defect in the media on which the Software is recorded, replace the defective media free of charge provided that you return (post-paid) to your Supplier the defective media stating your name and address and enclosing proof of your licence (e.g. an invoice). This is your sole remedy in the event of such media defect.
The 30 day warranty shall not apply in the event that the Software media is lost or stolen or has been damaged by accident, misuse, neglect or unauthorised use or modification.
EXCEPT AS EXPRESSLY PROVIDED ABOVE FOR MEDIA, NEITHER EDP NOR YOUR SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES WHETHER EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE) RELATING TO THE PERFORMANCE, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SOFTWARE, AND/OR THE USER MANUAL OR ASSOCIATED DOCUMENTATION OR OTHERWISE AND ALL SUCH REPRESENTATIONS OR WARRANTIES ARE HEREBY SPECIFICALLY DISCLAIMED AND EXCLUDED.
YOU ALONE ARE ABLE TO DETERMINE WHETHER THE SOFTWARE WILL MEET YOUR REQUIREMENTS AND THE ENTIRE RISK AS TO ITS PERFORMANCE IS WITH YOU AND, EXCEPT TO THE EXTENT PROVIDED IN SECTION 3 ABOVE, SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ALONE MUST ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION AND ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT WILL EDP OR YOUR SUPPLIERS BE LIABLE FOR (1) DIRECT, (2) INDIRECT, (3) SPECIAL, (4) INCIDENTAL OR (5) CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR BUSINESS) RESULTING FROM ANY DEFECT IN AND/OR USE OF THE SOFTWARE, AND/OR THE USER MANUAL OR ASSOCIATED DOCUMENTATION EVEN IF EDP OR THE SUPPLIER OR ANY SUCH ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, WHETHER DUE TO OR ANY SUCH OTHER ENTITY’S NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR OTHERWISE.
NOTWITHSTANDING THE ABOVE, IF THERE SHOULD ARISE ANY LIABILITY ON THE PART OF OR ANY OTHER SUCH ENTITY BY REASON OF THE LICENSING OR USE OF THE SOFTWARE OR OTHERWISE WHETHER DUE TO EDP, YOUR SUPPLIER OR ANY OTHER SUCH ENTITY’S NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR OTHERWISE SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES WHATSOEVER EXCEED THE PRICE PAID BY YOU FOR THE LICENCE TO USE THIS SOFTWARE OR AT THE ELECTION OF EDP OR YOUR SUPPLIER AS THE CASE MAY BE THE COST OF REPAIR OR REPLACEMENT OF THE DEFECTIVE SOFTWARE.
To avoid any doubt, no additional support services will be made available by EDP or the Supplier in relation to the Software. If we have through omission made a mistake on the curriculum we wouldn’t fix it until the next release. However we would fix a software mistake.
Updates of the Software may be available on a secure page on EDpaX’s website from time to time. It will be your responsibility to download any available updates for your use. For the avoidance of any doubt, however, EDP is not obliged to provide any updates of the Software and EDP reserves the right to apply a charge for updates from time to time.
This Agreement is governed by and interpreted in accordance with the laws of Scotland and you agree to submit to the non-exclusive jurisdiction of the Scottish courts.
By your use of the Software you acknowledge that you have read this Agreement, agree to be bound by its terms and conditions and agree that it is the complete and exclusive statement of the Agreement between you and the Suppliers which supersedes any other previous proposal or agreement, whether oral or written, relating to the subject matter of this Agreement.
Either party’s failure or delay in enforcing any provision hereof will not waive that party’s rights.
To avoid doubt, if your Supplier under this Agreement is not EDP (owner of proprietary rights in the Software), then EDP shall be a third party beneficiary of this Agreement and the provisions herein shall be enforceable by EDP in addition to the Supplier.
If any provision of this Agreement is found invalid or unenforceable pursuant to any judicial decree or otherwise, the remainder of this Agreement shall remain valid and enforceable according to its terms.
You may not transfer to any other party your rights under this Agreement, without written authority from the Supplier.