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End-User Licence Agreement for Yenka

Definitions

We're using these definitions:

  • "Yenka Software" means the object code form of the Yenka client and server software, including content and executables;
  • The "Yenka Product(s)" means those aspects of the Yenka Software for which you have been granted a valid licence by us or one of our authorised representatives;
  • "Yenka Download" means the file downloaded from the Yenka website that is used to install the Yenka client software.
  • "You" or "your" means the person or organisation who intends to use the Yenka Software;
  • "Us", "we" or "our" means Crocodile Clips Ltd, of 43 Queensferry Street Lane, Edinburgh EH2 4PF, Scotland;
  • A "Computer" is a workstation, terminal or other device on which the output of the Yenka Software can be displayed.
  • "Students" means the students or pupils that are registered at an educational establishment.
  • The "School Roll" is the total number of, full-time or part-time, Students that are registered at an educational establishment. This includes those who do not use the Yenka Software.
  • "Remote Teaching" means teaching a student who is not at the same postal address as the teacher.

Introduction

Please make sure that you are happy with these terms before you use the Yenka Software. By using the Yenka Software, you'll show that you accept these terms. Provided you accept these terms, Crocodile Clips grants you a limited, non-exclusive licence to use the Yenka Product(s). This Licence Agreement replaces any earlier end-user licence agreements.

Multiple-Site and Remote Teaching

Unless agreed in writing with Crocodile Clips, this Licence Agreement does not permit the use of the Yenka Product(s) at multiple postal addresses or for Remote Teaching.

Internet Connection

When you use the Yenka Software, it may connect to the internet and provide us with information about your Computer. We use this information to help prevent illegal use of the Yenka Software.

Licence Types

The ways in which you're allowed to use the Yenka Products are governed by the type(s) of licence(s) you've been granted for those products:

Teacher Licence

A Teacher Licence lets a named teacher use the Yenka Product(s) on one Computer at a time. The licence also allows the teacher's students to use the same product(s) on other computers, but only while the teacher is present. This is limited to 40 students at a time.

The teacher named on the licence may be changed once per year. Further changes are permitted at the discretion of Crocodile Clips.

Site Licence

A Site Licence permits employees and students of a school to use the Yenka Product(s) on all Computers located at a single postal address. Unless agreed in writing with Crocodile Clips, a Site Licence is not valid for very large schools (School Roll more than 2000).

Leader in Technology Initiative

The Leader in Technology initiative permits one teacher to use the Yenka Product(s) on one Computer at a time within Your School. That teacher's Students may also use the Yenka Product(s) on the same Computer while the teacher is present, for example when using interactive whiteboard. However, that teacher's membership does not permit Students or other teachers to use the Yenka Products on any other computers.

Only one teacher per subject (mathematics, science, technology and computing/ICT) at Your School may become a member of the Leader in Technology initiative. Currently, only teachers in Canada, USA or UK may become members.

Home Licence

A Home Licence permits the owner of the e-mail address used to register the licence, to use the English language version of all Yenka Product(s) on a single Computer, at his or her private home address.

A Home Licence does not permit use:

  • in Angola, Bahrain, Cape Verde, India, Iraq, Israel, Jordan, Kuwait, Lebanon, Macau, Mozambique, Oman, Palestine, Portugal, Qatar, Saudi Arabia, Singapore, Syria, UAE, Vietnam, Yemen;
  • in any school or organisation;
  • in the residences associated with boarding schools; or
  • for commercial purposes, such as private tutoring or training.

However, a Home Licence does permit use for non-commercial home-schooling.

However, the Home Licence is granted at our sole discretion, and we reserve the right to terminate your licence and hence your use of the Yenka Products at any time.

Trial Licence

A Trial Licence permits you to use the Yenka Product(s) on a single Computer for a specified duration. A Trial Licence does not permit use for commercial purposes.

Commercial Licence

A Commercial Licence lets you use the Yenka Product(s) on a specified number of Computers at a time at a single postal address.

General Terms

With any of the licence types listed above, you can:

  • make a copy of the Yenka Download, but only for backup purposes;
  • share models, screen-shots & printouts created by you using Yenka, except for commercial publication.

However, you are not allowed to:

  • make any other copies, or distribute or make available any copies at all, of the Yenka Download;
  • rent, lease, loan, sub-license or distribute the Yenka Software, or otherwise use it for commercial gain;
  • broadcast the output from the Yenka Software beyond your home or organisation;
  • reverse engineer, decompile, disassemble or modify the Yenka Software, or any part of it;

The Yenka Software, and all of the files and intellectual property associated with it, is entirely owned by Crocodile Clips and its licensors. It is protected by international copyright law and applicable national laws.

For licences which have been purchased, we warrant that the Yenka Software will perform substantially in accordance with our pre-sale descriptions for a period of ninety days from purchase. Our entire liability, and your only remedy, shall be, at our sole discretion, either the return of the price you paid or a replacement delivery of the Yenka Software to you. This limited warranty is void if the failure of the Yenka Software is a result of an accident, abuse or misapplication.

To the maximum extent permitted by law, we disclaim all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose with regard to the Yenka Software and accompanying materials.

To the maximum extent permitted by law, we shall not be liable for any other damages whatsoever arising out of the use or inability to use the Yenka Software, even if we have been notified about the possibility of such damages.

If you do not comply with any of these terms and conditions, we may terminate this Licence to use the Yenka Software.