Better Writing: Better Business™ & Better English: A Better Future™ in association with Basic Writing Skills UK Ltd End-User Agreement
This End-User Agreement ("EULA") pertains to the Better Writing: Better Business ™ & Better English: A Better Future™ writing skills programme (called the "Software" in this Agreement) and includes the associated media “on-line” and electronic documentation. Read the terms and conditions of this End-User Licence Agreement ("EULA") before installing, copying, or otherwise using the Better Writing: Better Business ™ writing skills programme.
This End-User Licence Agreement ("EULA") is a legal agreement between you, ("Customer" or "you"), and Better Writing: Better Business™ writing skills programme in association with Basic Writing Skills (UK) Ltd ("Basic Writing Skills (UK) Ltd"). By clicking "I agree," you agree to be bound by the terms of this EULA in installing, or otherwise using any part of the above Software or any associated media, any printed materials, or any "online" or electronic documentation. If you do not agree to the terms of this EULA, promptly return the unused Software to your supplier for a full refund.
1. GRANT OF NON-EXCLUSIVE LICENCE
The Software is licensed, not sold. Any rights not clearly and expressly granted to you under this EULA are reserved to Basic Writing Skills(UK) Ltd. Provided you have paid all applicable fees, registered the Software with Basic Writing Skills (UK) Ltd and otherwise complied with this EULA, then Basic Writing Skills Ltd grants you the following personal, non-exclusive, non-transferable, limited rights:
a. You may use the Software on any individual single computer; use the Software on a school network, provided that each individual accessing the Software through the network must be an attendee of the licensed school.
b. You may not decompile, disassemble, extract or otherwise reverse- engineer any of the Software. You shall not have the right to obtain or use any source code for the Software, nor copy, reproduce, or distribute the Software except as provided above. You agree not to rent, lease, or loan the Software, nor use the Software to render time sharing of service bureau services. You may not make any commercial use of the Software code except as expressly permitted under this Agreement.
2. COPYRIGHT, TRADEMARK, AND "MORAL RIGHT"
The Software and documentation is copyrighted by Basic Writing Skills(UK) Ltd. Better Writing: Better Business™ copyrights include, but are not necessarily limited to, Better Writing: Better Business™ in association with the Better Writing Series of Programmes © 2004 - 2010 Basic Writing Skills (UK) Ltd. All Rights Reserved. Making unauthorized copies is prohibited by law. No part of the software or documentation may be reproduced, transmitted, transcribed, stored in a retrieval system or translated into any human or computer language without prior written permission of Basic Writing Skills (UK) Ltd. Basic Writing Skills (UK) Ltd asserts its "Moral Right" to be identified as the author of this work, in all jurisdictions that recognize the "Moral Right."
3. TRADEMARKS AND SERVICE MARKS
Basic Writing Skills (UK) Ltd owns a number of registered and unregistered Trademarks and Service marks (the "Marks"). These Marks are extremely valuable to Better Writing: Better Grades™ and shall not be used by you, or any other person, without Basic Writing Skills(UK) Ltd express written permission. The Marks include, but are not necessarily limited to the Better Writing: Better Grades™ writing skills programme. Basic Writing Skills Ltd expressly reserves the right to use additional registered and unregistered Marks in connection with its business, and such additional registered and unregistered Marks shall be entitled to full protection under applicable law. Any use of any Better Writing: Better Business™ Mark shall be deemed an intentional and wilful violation of substantial rights of Basic Writing Skills(UK) Ltd. You shall not use any of the Trademarks, or Service marks of Basic Writing Skills(UK) Ltd, Microsoft Corporation, or any other entity, without the express written permission of such Trademark or Service mark owner.
4. WARRANTY, REMEDY, AND LIMITATIONS
A. Basic Writing Skills (UK) Ltd grants you a warranty of access to the ‘on-line’ software for the period of the licence. This warranty does not cover lack of access due to hardware, internet, power supply and any other access issues that may interrupt the licence holders’ access to the software that are not the responsibility or under the jurisdiction of basic writing skills ltd.
B. Basic Writing Skills (UK) Ltd’s entire liability and your exclusive remedy for any claim you may have against Better Writing: Better Business™ shall be, at Basic Writing Skills (UK) Ltd option, (i) return of amounts paid for the applicable software; or (ii) repair or replacement of software which does not meet the above limited warranty.
C. Some countries / states do not allow certain warranty limitations, so the restrictions of this section 2 will apply to the full extent permitted by applicable law.
Unless otherwise stated above, the software is provided "as is" without warranty of any kind either express or implied, including but not limited to the implied warranties of merchantability and fitness particular purpose. The entire risk arising out of the use or performance of this software remains with you. In no event will Basic Writing Skills (UK) Ltd or any of its suppliers be liable for any lost profits, lost savings, direct, incidental or indirect damages, or other economic or consequential damages, even if they have been advised of the possibility of such damages. Basic Writing Skills (UK) Ltd reserves the right to modify this document at any time without obligation to notify anyone. In no event shall Basic Writing Skills (UK) Ltd’s or its suppliers' liability under this agreement exceed the sum of any amounts paid hereunder by you to basic writing skills ltd or the supplier.
The Licence will terminate automatically if you fail to comply with the terms, conditions, or limitations contained in this EULA, including the payment of applicable Licence or other fees. The disclaimer of warranty and limitations on liability contained in Section 4 shall continue in force even after your rights to use the Software are terminated
If the Software is designated by Basic Writing Skills (UK) Ltd as an "Upgrade" product, then you may only use the Software if you are also currently a licensed user of the base product to which the Upgrade applies. Unless the Basic Writing Skills (UK) Ltd documentation for an Upgrade specifically provides, you shall not separate upgrade products from base products, nor transfer them separately. Basic Writing Skills (UK) Ltd reserves the sole and exclusive right to set its policies and prices regarding updates, upgrades and enhancements. All other terms of this EULA apply with equal force to any such Upgrades.
7. DEMO OR EVALUATION VERSIONS
If Basic Writing Skills (UK) Ltd designates the Software as a "Demo" or "Evaluation" version, then your Licence rights under this EULA shall extend solely for a 10-day evaluation period, during which your use is restricted solely to allow you to determine whether to purchase an ongoing Licence to the Software. Unregistered use of the Software, including documentation, beyond the 10-day evaluation period violates Basic Writing Skills (UK) Ltd rights, as described above, including but not Limited to Basic Writing Skills (UK) Ltd rights under the Copyright Act.
8. GENERAL/MISCELLANEOUS CLAUSES
This EULA shall be governed by and construed under the substantive laws applicable to the UK. If any provision of this EULA is held to be unenforceable, the remaining provisions shall remain in full force and effect. Any legal or equitable dispute brought or arising under this Agreement shall be brought in the courts for the UK. This Agreement constitutes the entire Agreement between you and Better Writing: Better Business™ writing skills programme in association with Basic Writing Skills (UK) Ltd about the subject matter, and shall not be modified except as provided above.