END USER LICENCE AGREEMENT

END USER LICENCE AGREEMENT

Artcoursework.com is the entire legal and beneficial owner and licensor of the ‘7 step project builder’ e-learning resource and is willing to license the Customer to use these products on the basis of the terms and conditions herein.

AGREED TERMS

1. INTERPRETATION

1.1 The definitions and rules of interpretation in this clause apply in this licence.

Intellectual Property Rights: all patents, copyrights, design rights, trade marks, service marks, trade

secrets, know-how, database rights and other rights in the nature of intellectual property rights (whether

registered or unregistered) and all applications for the same, anywhere in the world.

Maintenance Release: release of the Software which corrects faults, adds functionality or otherwise

amends or upgrades the Software, but which does not constitute a New Version.

Modification: any Maintenance Release.

New Version: any new version of the Software which from time to time is publicly marketed and offered

by ARTCOURSEWORK.COM in the course of its normal business, being a version which contains such significant

differences from the previous versions as to be generally accepted in the marketplace as constituting a

new product.

Software: The 7 STEP PROJECT BUILDER product and any Modification which is acquired by the Customer during the

subsistence of this licence.

1.2 The headings in this Licence do not affect its interpretation. Save where the context otherwise

requires, references to clauses and schedules are to clauses and schedules of this Licence.

1.3 Unless the context otherwise requires:

(a) references to ARTCOURSEWORK.COM and the Customer include their permitted successors and assigns;

(b) references to statutory provisions include those statutory provisions as amended or reenacted;

and

1.4 Words in the singular include the plural and in the plural include the singular.

2. LICENCE AND TERM

2.1 ARTCOURSEWORK.COM grants to the Customer a non-exclusive licence to use the Software for educational purposes

2.2 In relation to scope of use the Customer may:

(a) install the Software on their institutional Intranet or Virtual Learning Environment

(b) (Schools only) make up to 10 CD-ROM copies of the Software for use by colleagues and

students solely within their institution.

2.3 The Customer may not:

(a) install the Software on a publicly accessible website or any site other than their school

Intranet or Virtual Learning Environment.

(b) disassemble or reverse engineer the Software;

in writing.

2.4 The Customer has no right to sub-license or to assign the benefit or burden of this licence in whole

or in part, or to allow the Software to become the subject of any charge, lien or encumbrance without the

prior written consent of ARTCOURSEWORK.COM.

3. SUPPLIER’S WARRANTIES AND LIMITS OF LIABILITY

3.1 ARTCOURSEWORK.COM warrants that the Software will conform in all material respects to the outline functionality for a period of 90 days from the date of purchase (Warranty Period). If, within the Warranty Period, the Customer notifies ARTCOURSEWORK.COM in writing of any defect or fault in the Software in consequence of which it fails to conform in all material respects to the outline functionality, and such defect or fault does not result from the Customer, or anyone acting with the authority of the Customer, having amended the Software or used it outside the terms of this Licence, for a purpose or in a context other than the purpose or context for which it was designed or in combination with any other software not provided by ARTCOURSEWORK.COM, ARTCOURSEWORK.COM shall, at ARTCOURSEWORK.COM’s option, do one of the following:

(a) repair the Software; or

(b) replace the Software; or

provided the Customer provides all the information that may be necessary to assist ARTCOURSEWORK.COM in resolving the defect or fault, including sufficient information to enable ARTCOURSEWORK.COM to re-create the defect or fault.

3.2 All other conditions, warranties or other terms which might have effect between the parties or be

implied or incorporated into this licence or any collateral contract, whether by statute, common law or

otherwise, are hereby excluded, including, without limitation, the implied conditions, warranties or other

terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.

3.3 Except as expressly stated in Clause 3.4:

(a) ARTCOURSEWORK.COM’s liability, whether under this licence or any collateral contract, for loss of or damage

to the Customer’s tangible property caused by ARTCOURSEWORK.COM’s negligence, its officers, employees, contractors or agents, shall not exceed £1000. Save as provided in this clause 3.3(a), ARTCOURSEWORK.COM hereby excludes all liability for negligence;

(d) the Customer acknowledges that no representations were made prior to entering into this

licence. The Customer agrees that, in entering into this licence, it did not rely on any

representations (whether written or oral) of any kind or of any person other that those expressly

set out in this licence. The Customer shall have no remedy in respect of any representation

(whether written or oral) made to it on which it relied in entering into this licence and ARTCOURSEWORK.COM shall have no liability otherwise than pursuant to the express terms of this licence.

3.4 The exclusions in clause3.3 shall apply to the fullest extent permissible at law, but ARTCOURSEWORK.COM does not exclude liability for death or personal injury caused by its negligence, or of its officers, employees, contractors or agents for fraud, breach of the obligations implied by section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982, or any other liability which may not be excluded by law.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 The Customer acknowledges that all Intellectual Property Rights in the Software and any

Modification belong and shall belong to ARTCOURSEWORK.COM, and the Customer shall have no rights in or to the Software other than the right to use it in accordance with the terms of this licence.

4.2 ARTCOURSEWORK.COM warrants that the use and licence of the Software will not infringe the intellectual property rights belonging to any third party.

5. FORCE MAJEURE

No party shall be liable to the other for any delay or non-performance of its obligations under this licence

arising from any cause beyond its control including, without limitation, any of the following: act of God,

governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing in

this clause 8 shall excuse the Customer from any payment obligations under this licence.

6. WAIVER

No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that

party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be

a waiver of any other right or of any later breach.

7. SEVERABILITY

If any provision of this licence is judged to be illegal or unenforceable, the continuation in full force and

effect of the remainder of the provisions shall not be prejudiced.

8. THIRD PARTY RIGHTS

No term of this Licence is intended to confer a benefit on, or to be enforceable by, any person who is not

a party to this licence.

9. ENTIRE AGREEMENT

This licence contains the whole agreement between the parties relating to the subject matter hereof and

supersede all prior agreements, arrangements and understandings between the parties relating to that

subject matter.

10. GOVERNING LAW AND JURISDICTION

This licence shall be governed by and construed in accordance with English law and each party hereby

submits to the non-exclusive jurisdiction of the English courts.