End User License Agreement (EULA)
END USER LICENCE AGREEMENT
PLEASE READ CAREFULLY BEFORE USING THE HEADSTART LANGUAGES DIGITAL CONTENT
This end-user licence agreement ("EULA") is a legal agreement between you and HEADSTART LANGUAGES LIMITED, a company incorporated in England and Wales, under number 06787408, whose registered office is at Dunraven, Clifford Road, Boston Spa, Wetherby, Leeds, West Yorkshire, LS23 6DB ("we", "us", "our") for the use of the digital content that we supply to you as part of one of our digital content subscriptions (Digital Content) listed on our website, www.headstartlanguages.co.uk (Website).
IMPORTANT NOTICE:
* BY SELECTING THE CHECK BOX BELOW YOU AGREE THAT YOU ACCEPT THIS EULA AND THAT YOU ARE LEGALLY BOUND BY ITS TERMS, IN PARTICULAR, THE PRIVACY NOTICE REFERENCED AT CONDITION 1.3 AND THE LIMITATIONS ON LIABILITY IN CONDITION 7.
* IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MUST INFORM US IMMEDIATELY AND YOU MUST NOT PURCHASE A SUBSCRIPTION TO USE THE DIGITAL CONTENT.
* IF YOU DO NOT AGREE TO THE TERMS OF THE PRIVACY NOTICE, YOU MUST INFORM US IMMEDIATELY AND YOU MUST NOT PURCHASE A SUBSCRIPTION TO USE THE DIGITAL CONTENT.
AGREED TERMS
1. General
1.1 The terms of this EULA apply to the Digital Content including any updates or supplements to the Digital Content, unless they come with separate terms, in which case those terms apply.
1.2 We reserve the right to change the design, scope and functional content of the Digital Content.
1.3 The terms of our privacy notice from time to time, available at: [https://www.headstartlanguages.co.uk/page.cfm?item=7] ("Privacy Policy") are incorporated into this EULA. Please ensure that you accept the terms of the Privacy Policy before you purchase a subscription to use the Digital Content. Additionally, by using the Digital Content, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any information you send using the Digital Content may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
1.4 [The Digital Content may contain links to other independent third-party websites ("Third-party Sites"). Third-party Sites, including Youtube, Twitter & Instagram are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them. ]
2. Your licence to use the Digital Content
2.1 In consideration of you agreeing to abide by the terms of this EULA, we grant you a personal, non-transferable, non-exclusive licence to use the Digital Content, [for the Purpose] and subject to the terms of this EULA. We reserve all other rights. [For the purpose of this clause 2.1, Purpose means use of the Digital Content strictly for the purpose of teaching French with Camembear in an Early Years setting (school, nursery or at home)
3. Licence restrictions
3.1 Except as expressly set out in this EULA or as permitted by any local law, you agree:
a) not to copy the Digital Content except where such copying is incidental to normal use of the Digital Content;
b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Digital Content;
c) not to make alterations to, or modifications of, the whole or any part of the Digital Content, or permit the Digital Content or any part of it to be combined with, or become incorporated in, any other similar third party content or programs;
d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Digital Content or attempt to do any such thing except to the extent as otherwise provided by law;
e) not to provide or otherwise make available the Digital Content in whole or in part (including object and source code), in any form to any person who is not permitted to access the Digital Content further to the terms of your digital content subscription without our prior written consent, together the "Licence Restrictions".
4. Acceptable use restrictions
4.1 You must:
a) not use the Digital Content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Digital Content;
b) not infringe our intellectual property rights or those of any third party in relation to your use of the Digital Content (to the extent that such use is not licensed by this EULA);
c) not transmit any material that is defamatory, offensive or is in our opinion, otherwise objectionable in relation to your use of the Digital Content;
d) not use the Digital Content in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
e) not collect or harvest any information or data from the Digital Content or attempt to decipher any transmissions to or from the servers running the Digital Content, together the "Acceptable Use Restrictions".
4.2 If you act in breach of this EULA, we reserve the right to take appropriate counter measures. If deemed necessary, in our full discretion, we may restrict your ability to use the Digital Content in whole or in part, without prior notice. We may use our absolute discretion in interpreting whether or not you are in breach of this EULA.
5. Intellectual property rights
5.1 You acknowledge that all intellectual property rights in the Digital Content belong to us, that rights in the Digital Content are licensed (not sold) to you, and that you have no rights in, or to, the Digital Content other than the right to use in accordance with the terms of this EULA.
5.2 All intellectual property rights and other proprietary rights to the material used in, for or in connection with the Digital Content, including without limitation applicable trade marks and software and all information (including text and pictures) provided, belong to us or our licensed third parties and are or may be protected by intellectual property right laws and international treaties.
6. Warranties
6.1 We have used reasonable skill in providing the Digital Content for you to use. However, we make no representations or warranties of any kind that the Digital Content will be uninterrupted or error-free. The Digital Content is provided "as is" and may contain bugs and errors and may, further, occasionally be unavailable in whole or in part due to technical maintenance or interruptions in communications. We shall not be liable for any consequences of any such bugs/errors or technical disruptions, including without limitation any loss or distortion of any data.
6.2 You acknowledge that the Digital Content has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Digital Content meet your requirements.
6.3 We only supply the Digital Content to you for private use. You agree not to use the Digital Content for any commercial, business or resale purposes.
7. Limitation of liability
7.1 Nothing in this EULA shall limit or exclude our liability for; death or personal injury resulting from our negligence; fraud or fraudulent misrepresentation; and any other liability that cannot be excluded or limited by English law.
7.2 Subject always to clause 7.1, we shall not be liable to you for:
f) whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any: loss of profits; loss of business; depletion of goodwill and/or similar losses; or loss or corruption of data or information; or pure economic loss; or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising in connection with this EULA; and
g) our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with this EULA shall not exceed the aggregate sum of the fee you have paid or is payable for access your Digital Content subscription in the preceding 6 months from the point the liability, or if you have not had access to the Digital Content for 6 months, a sum of £250.
8. Data Protection
8.1 We agree to comply with the Data Protection Act (DPA) 2018 and the UK GDPR (as defined in section 3(10) of the DPA 2018, supplemented by section 205(4)) in our processing of your personal data.
8.2 For more information on how your personal data will be processed, please see our Privacy Policy (as above).
9. Termination
9.1 We may, in our sole discretion, if we consider you are in breach of this EULA:
h) suspend or terminate the operation of the Digital Content at any time without prior notice to you and without the need to give you reasons for such a termination or suspension; and/or
i) terminate your user account at our own discretion.
9.2 On termination for any reason all rights granted to you under this EULA shall cease and you must immediately cease all activities authorised by this EULA, including your use of the Digital Content.
10. Communication between us
10.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail at enquiries@headstartlanguages.co.uk. We will confirm receipt of this by contacting you in writing, normally by e-mail.
10.2 If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us in purchasing your subscription for the Digital Content, or any other email address you communicate to us from time to time.
11. General
11.1 Nothing in this EULA is intended to nor shall it confer any benefit on a third party whether under the Contracts (Right of Third Parties) Act 1999 or otherwise. You may not assign or transfer your rights under this EULA without our prior written permission.
11.2 Our failure at any time to enforce any right we may have does not result in waiver of such right.
11.3 If any of this EULA should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any country in which these terms of use are intended to be effective, then to the extent and within that jurisdiction in which that term of use is illegal, invalid or unenforceable, it shall be severed and deleted from these terms of use and the remainder of this EULA shall survive and remain in full force and effect and continue to be binding and enforceable.
11.4 This EULA is subject to the laws of England and Wales. Any disputes under this EULA shall be settled in the courts of England and Wales.
