PEfocus Limited

Multi-user licence for PEfocus resources

Due to the automated supply of resources before payment, please double check your cart, as all items ordered must be paid for.

PLEASE CAREFULLY READ THE TERMS AND CONDITIONS BELOW THAT APPLY TO YOUR PURCHASE, USE AND COPYING OF PEFOCUS PRODUCTS, GOODS AND/OR RESOURCES. IF YOU DO NOT WISH TO ACCEPT THE TERMS AND CONDITIONS, PLEASE DO NOT PURCHASE ANY PRODUCTS, GOODS AND/OR RESOURCES. BY THE PURCHASING OF ANY PRODUCTS, GOODS AND/OR RESOURCES FROM PEFOCUS LIMITED, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Licence Terms and Conditions

This licence agreement contains the Terms and Conditions that apply to your use of all PEfocus product/s, goods and/or resources (Product) with which this licence agreement is supplied. PEfocus products include, but are not limited to:

· Teacher Resource Files (electronic PDFs) – for teacher use only

· PowerPoint summaries in two parts

o The main presentation for teacher use only

o The accompanying PDF for student use

· PEpods (Audio pods/files) for teacher and student use

This agreement contains important restrictions on how the Product can be used and exclusions and disclaimers in respect of liability and loss which may arise.

1. Scope of Licence

1.1 You may install and use the Product within the purchasing institution. This licence permits use of the Product by teachers within the purchasing institution. It cannot be installed on a computer or networks outside the purchasing establishment. You may also install and use the Product on a portable computer provided that you use the computer on which the Product is installed for more than 80% of the time that it is in use.

1.2 You may not share, rent or lease the Product with or to any other institution or teacher in another institution and you may not install (or allow any other person to install) the Product on any other computer (except as expressly permitted in paragraph 1.1 above).

1.3 You may not post Products on the internet or through any social media forum.

1.4 You may not sell or make profit from the Product.

1.5 You must not make alterations to, or modifications of, the whole or any part of the Materials or Content nor permit the Content or any part of it to be combined with, or become incorporated in, any other materials.

1.6 You must not translate, merge, adapt, vary or modify the Materials or Content in any way.

1.7 You may not copy the Materials or Content (except in respect of the PEpods / audio files so as to enable the Materials to be made available on your web site for the Purpose and for any back-up). You may not broadcast or otherwise show the Materials or Content, save to your staff and/or students who have accepted the terms and conditions of this agreement.

1.8 You must not create derivative works based on the whole or any part of the Materials or Content nor attempt to do any such things.

2. Ownership of Copyright

2.1 The Product (including all content) is owned by PEfocus and is protected by United Kingdom copyright laws and international treaty provisions.

2.2 You may not copy the Product. You may however make copy prints of the Materials for use within the purchasing establishment. You may not copy any of the other items which accompany the Product or print copies of any user documentation provided in “on-line” or electronic form.

3. Intellectual Property Rights

3.1 PEfocus is the owner of all content including without limitation, text, information, data and audio material (Content) in the audio files and accompanying documentation and materials in any medium or form (Materials) supplied by PEfocus to you.

3.2 You acknowledge that all copyright and other intellectual property rights in the Materials belongs to PEfocus, that rights in the Materials are licensed (not sold) to you and that you have no rights in, or to, the Materials other than the right to use them in accordance with the terms of this agreement.

3.3 All rights in, or in relation to, the Materials and any and all derivative works thereof that are not expressly granted to you are expressly retained by PEfocus.

4. Exclusion of Warranties

4.1 To the maximum extent permitted by applicable law, PEfocus disclaims all other representations, warranties, conditions or terms either express or implied, including but not limited to implied warranties and/or conditions of merchantability and fitness for a particular purpose, with regard to the Product and all accompanying items.

4.2 The Content and the Materials are provided on an “as is” basis and PEfocus expressly exclude any warranty that the Content and/or the Materials are fit or suitable for a particular purpose except that the Materials are suitable as study materials for specific Physical Education Theory Specifications as taught from September 2016.

4.3 The Materials and Content are supplied as an aid to learning for students and are not a substitute for the knowledge and teaching which your own relevant staff provide to your students, nor for other forms of study which students should be encouraged to undertake.

4.4 If there are changes in the specification or a new specification is adopted then the Materials may no longer be suitable for use and you should ensure that in the event of any such change suitably qualified staff review the appropriateness of the Materials and their continued use by your staff and students.

5. No Liability for Consequential Damages

5.1 To the maximum extent permitted by applicable law, in no event shall PEfocus be

liable for any loss or damages which arise out of the use or inability to use the

Product (including damages for the loss of business profits, business interruptions, loss of business information, or other pecuniary loss), even if PEfocus has been advised of the possibility of such damages.

5.2 In no event shall PEfocus be liable for any performance by your staff or students, including without limitation any performance by students in examinations.

5.3 PEfocus shall have no liability to you for any loss or damage which may be suffered by you (or any person claiming under or through you), whether the same arise in contract, tort (including negligence) or otherwise, which fall into any of the following categories:

a) Loss of profits;

b) Loss of anticipated savings;

c) Loss of goodwill;

d) Loss arising from damaged or corrupted or lost date; or

e) Any indirect, special, incidental or consequential loss.

5.4 Nothing in these terms shall operate to exclude or limit our liability for:

a) death or personal injury caused by our negligence;

b) any breach of the terms implied by section 12 of the Sale of Goods Act1979 or section 2 of the Supply of Goods and Services Act 1982;

c) fraud; or

d) any other liability which cannot be excluded under applicable law.

6. Law and Jurisdiction

This agreement, its subject matter or its formation (including non-contractual

disputes or claims) shall be governed by and construed in accordance with English

law and submitted to the non-exclusive jurisdiction of the English courts.

Published and Distributed by:

PEfocus. 2, Malthouse Cottages, The Street, Crookham Village, HANTS GU51 5SD

E-mail: sarah@pefocus.com Web site: https://pefocus.com

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