Terms and Conditions
For
Exam Café - A2 Chemistry


IMPORTANT

This document is your licence and warranty for Exam Café - A2 Chemistry. In using the software you agree to be bound by the terms set out below. Please read this document carefully and store it safely.

This licence allows you to use the sofware on individual computers and the institutional network within the purchasing institution.

You may not

SOFTWARE SUPPORT
For software support between the hours of 8.30 - 5.00 (Mon - Fri) please contact:
Tel: 01865 888108
Email: software.enquiries@pearson.com
Web: www.heinemann.co.uk

PEARSON EDUCATION LTD

LICENCE AND WARRANTY:

Product: Exam Café - A2 Chemistry

Licence Terms: on individual computers and the institutional network within the purchasing institution.

This is a legal agreement between you, the purchasing institution, and Pearson Education Ltd of Edinburgh Gate, Harlow, Essex, CM20 2JE registered as a company in England and Wales under company number 872828 ('Pearson' which expression shall include Pearson's assigns and successors in business) relating to the enclosed software (‘the Product’). In using the Product you agree to be bound by the terms set out below. If you do not agree to these terms, return the Product and all accompanying materials and the purchase price will be refunded to you.

  1. Copyright

    © Pearson Education Ltd 2009. All rights reserved. The Product and all data, software, documentation and other materials contained in it together with the accompanying materials and all intellectual property therein are owned by or are under licence to Pearson and are protected by law. The provisions of this clause shall continue in force after expiry or termination of this licence for any reason.

  2. Licence

    Pearson hereby grants you a non-exclusive, non-transferable licence on the terms in this Agreement to use the Product for its intended purpose only as set out in the accompanying documentation.

  3. You may not and may not authorise any other party to:

    1. Copy the Product, other than to make a single backup copy or as part of the installation procedure.
    2. Distribute copies of the Product or accompanying materials to any third party.
    3. Modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise derive source code for or create derivative works based on the Product or accompanying materials other than as specified in the accompanying documentation.
    4. Copy, download, save, store in a retrieval system, publish, transmit, otherwise reproduce, transfer, disseminate or use, in any form or by any means, any part of the data contained within the Product, unless specifically stated in the accompanying materials.
    5. Transfer, resell, or grant any other rights of any kind to any individual copy of the Product, including the accompanying materials, to any third party.
    6. Remove any proprietary notices, labels or marks on the Product or accompanying materials.

  4. Permitted use

    You may annotate, copy or print out sections of text or pictures only where expressly allowed in the Product and the accompanying materials, solely for use within your institution.

  5. Warranty of original disks

    Pearson warrants that the original disk(s) on which the Product is delivered are free from defects in material and workmanship, assuming normal use, for a period of ninety (90) days from the date of purchase. If a defect occurs during this period, you may return the faulty disk(s) and Pearson will replace it free of charge.

  6. Liability

    Except for the express warranty regarding the original disk(s) in clause 5 above, the Product is licensed ‘as is’ and Pearson gives no other warranty expressed or implied, by statute or otherwise, regarding the Product or any data, software, documentation or other materials contained in it, or any content designed to be used with the product, or their fitness for any purpose, their quality, their merchantability or otherwise. The liability of Pearson under clause 5 above shall be limited to the amount paid by you for the Product. In no event shall Pearson be liable for special, consequential or other damages for breach of warranty.

  7. Termination

    If you should fail to perform in the manner required in this Agreement, Pearson may terminate this Agreement or exercise any other rights it may have. Upon termination, you shall immediately return all disks containing the Product as well as the accompanying materials. Alternatively, Pearson may require that you destroy all of these materials and so certify, in writing, to Pearson.

  8. Adobe Flash and Macromedia Shockwave Players

    The Product may contain Adobe Flash (TM) Player and Macromedia Shockwave(R) Player software by Adobe Systems Inc., Copyright © 2008 Adobe Systems Inc. All rights reserved. The terms and conditions of the Adobe/Macromedia End User License Agreements located at http://www.adobe.com/products/eulas/players/ shall apply and are made a part of and incorporated by reference into this Agreement. Adobe, Macromedia and Shockwave are registered trademarks of Adobe Systems Inc.

  9. Applicable law

    This agreement shall be governed by the laws of England and Wales and shall be subject to the non-exclusive jurisdiction of the English Courts.

Back