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Terms and Conditions

Terms And Conditions

By accessing any of this Easiteach™ web site ("Easiteach Web Site") you are accepting and will be bound by the terms and conditions set out below without modification.

'We' or 'us' means Research Machines plc of New Mill House, 183 Milton Park, Abingdon, Oxford OX14 4SE.

'You' or 'your' means any person accessing the Easiteach Web Site and the organisation for which they work.

1. Provision of Service

In consideration of your payment of the subscription fees or us making the service available to you for demonstration purposes, we agree to provide you with access to the Easiteach Web Site and for you to be able to use the various materials and information provided through the Easiteach Web Site in accordance with this Agreement and for educational and private study purposes of a non commercial nature only.

You acknowledge that the capacity of the service is finite and you shall not make excessive or wasteful use of the service to the detriment of others.

Easiteach Web Site is a separate and distinct service from all other RM products and services.

We agree to provide you with reasonable support by telephone or during normal working hours for the purpose of assisting you to maintain your access to the Easiteach Web Site.

You will be licensed to use the Easiteach Web Site either on an individual, institutional or network basis. For individual licences only you are permitted to access to the Easiteach Web Site. For institutional licences only persons within the institution, together with home use by teachers employed by any such institutions (under the agreed licence terms with RM), are permitted to access the Easiteach Web Site and for a network licence only persons connected to a network at the relevant institution are permitted access to the Easiteach Web Site.

2. Fees

We will notify you in advance of each year of the fees payable for that year. You agree to pay those fees in advance by such method as we reasonably determine. We are not obliged to provide the service until we have received the fees.

3. Registration and Access

When you register with us you will be allocated an individual User Name and Password unless RM and you enter into alternative arrangements. We may alter these passwords upon reasonable notice being given to you. Your password is non-transferable and you are not permitted to disclose or share your password with anyone else.

We do not permit any other person to share your User Name and Password. We do not permit any part of the Easiteach Web Site to be cached in proxy servers and accessed by individuals who have not registered with RM as users of the Easiteach Web Site. We do not permit User Name and Passwords being made available to multiple users on a network. If you do disclose or share your password with another person or allow another person to use the Easiteach Web Site on your behalf, you agree to indemnify us for any losses or damages incurred by us as a result of your actions. If we reasonably believe that a User Name and Password are being used in any way which is not permitted by us we reserve the right to cancel access rights immediately without notice, and to block access to all users from that address.

4. Limited Permission to Copy or Download

You are permitted to print or download extracts from materials, other than software, on the Easiteach Web Site for your own personal, non-commercial use and for your individual teaching purposes. Where the owner of the material has asserted their rights of ownership in such materials then all copies of any part of the material must bear an acknowledgement of the copyright of the owner of the material. Unless we specify otherwise, you are free to change, modify and adapt the material for educational use.

Software that is available for downloading from the Easiteach Web Site will be subject to the Software Licence Terms that are set out in the separate Software Licence Terms section of this Easiteach Web Site. Except to the limited extent set out above, you are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play for the purpose of public use or for the purpose of commercial exploitation. This software will enable you to copy material where the copyright is owned by a third party. Just as you do with books and other written materials, it is your responsibility to check that you have the permission of the copyright holder before you do this.

5. Disclaimer

We may provide access via hypertext links to resources in other sites but in so doing we are not endorsing any linked entities nor authorising any act which may be in breach of copyright or any other third party rights which are protected in law or by international treaties world-wide. We do not accept any responsibility or liability for any of the material contained on any third party site.

The contents of the Easiteach Web Site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. We use reasonable care to make sure that the information appearing on the Easiteach Web Site is accurate and up to date. However, errors and omissions do occur and you should not take the accuracy of the information for granted. Because we do not have control over the use of the information we exclude any warranty, express or implied, as to the quality, accuracy, timeliness, completeness, performance, fitness for a particular purpose of the Easiteach Web Site or any of its contents. We will not be liable for any damages (including without limitation damages for loss of profit, revenue or anticipated savings) arising in contract, tort or otherwise from the use of or inability to use the Easiteach Web Site or any of its contents or from any action taken (or refrained from being taken) as a result of using Easiteach Web Site or any such contents. We make no warranty that the contents of Easiteach Web Site are free from infection by viruses or anything else which has contaminating or destructive properties.

We shall not be liable for any loss or costs caused by any defamatory material nor for any loss resulting from any infection of your equipment by a computer virus.

6. Changes to Access or Content of the Easiteach Web Site

We may alter without notice the arrangements for access to the Easiteach Web Site or change the content, presentation and/or facilities of Easiteach Web Site.

7. Changes to this Agreement

We may add to or change these terms and conditions. It is your responsibility as a user to refer to these terms and conditions on accessing Easiteach Web Site. Changes will be effective immediately after posting or publishing to the Easiteach Web Site and you will be deemed to have accepted any change if you continue to access the Easiteach Web Site after that time.

8. Material Submitted by Users

Certain elements of the Easiteach Web Site may contain material submitted by users. We do not accept any responsibility for the content or accuracy of such material. Where the material is based on or contains extracts owned by third parties, we do not make any representation or warranty that the material is provided without infringing the rights of the third party. You agree that you will not upload files that contain software or other materials protected by intellectual property laws unless you own or control all of the rights thereto or have received all necessary consents.

Any material or information transmitted to or posted to the Easiteach Web Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or stored or used by us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services. This includes the right to exploit any proprietary rights in such information and material including rights under copyright, trademark, service mark or patent laws. This applies, right of exploitation applies, and these terms generally apply, to all material and information that has already been provided in addition to that transmitted or posted in the future.

Do not post or transmit to or from the Easiteach Web Site any unlawful, threatening, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any other material which could give rise to any civil or criminal liability. You must not upload files that contain viruses, corrupted files or any other programs that may damage the operation of another's computer or conduct or forward surveys, contests, pyramid schemes or chain letters or falsify any author attributions or other proprietary designations or do anything that might restrict or prohibit other users from using the Easiteach Web Site.

You agree that you will not use any communication facilities to stalk, harass, threaten or otherwise violate the legal rights of others. Always use caution when giving information about the identity of yourself, pupils and the educational establishment where you work.

We reserve the right at all times to disclose any information as necessary to satisfy any applicable law or legal process or government request or to edit, refuse to post or to remove any information or materials at our discretion

9. Manuals

Publishing permission has been obtained for material in the manuals section of the Easiteach Web Site and copyright is acknowledged in that material as set out in section 16. Except to the extent set out in section 1, no part of this material may be reproduced or transmitted in any form or by any means, or stored in any retrieval system of any nature without prior written permission. Permission to reproduce such material cannot be granted by the publishers and application must be made to the copyright holder.

10. Force Majeure

We shall have no liability to you for any interruption or delay in access to Easiteach Web Site irrespective of the cause.

11. Law

This Agreement shall be governed by the laws of England and Wales and the parties shall submit to the jurisdiction of the English Courts.

12. Third Party Rights

Both parties expressly agree to waive any rights that they may have under the Contracts (Rights of Third Parties) Act 1999 to bring a claim in respect of any other agreement entered into between the parties to this Agreement in relation to the subject matter of this Agreement and that any third party mentioned in this Agreement either specifically or by implication shall be expressly excluded from bringing a claim under the said Act.

13. Termination

We may terminate this Agreement if you are in default or if you terminate this Agreement on notice and in such cases we are not obliged to refund you any fees. If we terminate this Agreement for any other reason we will refund you that part of any fee which relates to the unexpired period of this Agreement.

14. Data Protection

The information that you provide about yourself to RM will be used by RM for the effective administration of its services and to communicate with you generally. Your details will not be disclosed outside of RM.

15. Scope

The parties declare that each is an independent contractor and not the agent or partner of the other and this Agreement shall not be deemed to create a joint venture, partnership, agency and/or employment relationship between the parties.

16. Copyright and Trademarks

All rights, including copyright, in the content of Easiteach, including but not limited to graphical images, are owned or controlled by us.

RM is a registered trademark of Research Machines plc.

The trademarks that relate to the following software products are registered or unregistered trademarks owned by the following companies and RM is a permitted user. In addition, the copyright in the manuals referred to in section 9 relating to the following software products also belongs to the relevant company listed below:

RM®, Eduweb™, Living Library® and IFL™ are trademarks of Research Machines plc. Learning Schools Programme™ is a trademark that is jointly owned by RM and the Open University. Window Box® is owned by Microsoft Corporation and RM is a permitted user.

Reed Educational and Professional Publishing content is published under licence from Reed Educational and Professional Publishing Ltd. Ginn Abacus®, New Heinemann Maths® and Rigby Numeracy Focus® are trademarks of Reed Educational and Professional Publishing Ltd.

Copyright © 2000 - 2004, Research Machines plc Learning Alive