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END USER LICENCE AGREEMENT

PLEASE READ CAREFULLY BEFORE ORDERING ANY DIGITAL PRODUCT FROM THIS WEBSITE

This End User Licence Agreement (the Licence), together with the conditions (as applicable and set out here)(the Conditions) form the whole of the legal agreement between you (you) and Construction Industry Training Board, known as CITB-ConstructionSkills (registered Charity Number 264289) of Bircham Newton, Kings Lynn, Norfolk, England PE31 6RH (us or we) and applies separately to each Digital Product (as defined in the Conditions), including, without limitation, the computer software, data and associated media comprised in or otherwise supplied with the Digital Product, comprised within your Order (as defined in the Conditions) (the Software).

We licence the use of the Software to you on the basis of this Licence. We do not sell the Software to you. We own and/or are permitted licensors of the owner of the Software (the Licensor). We and/or the Licensor remain the owners of the Software at all times.

OPERATING SYSTEM REQUIREMENTS:

THIS SOFTWARE REQUIRES A WINDOWS PC WITH THE FOLLOWING MINIMUM OPERATING REQUIREMENTS:

Operating System: Windows XP (SP3), Vista (SP2), Windows 7 (SP1), Windows 8

Memory: 512 MB (but 1GB recommended)

CPU: Pentium IV 1.5GHz or equivalent

Graphics: Minimum resolution 1024 x 768, Any Direct 3D 9 compatible graphics card with at least 32MB of memory

Optical Drive: Not required.

Disc Space: 450MB (GT100/12DL0 300MB (GT200/12DL)

Audio: Any DirectX 9 compatible sound card

Other: Internet Explorer 6 (8 or higher recommended), Windows Media player 11 (or higher), DirectX 9.0c (or higher).

THE SOFTWARE WILL NOT RUN ON ANY APPLE, UNIX OR ANDROID DEVICE (DESKTOP, LAPTOP, TABLET AND/OR PHONE) OR ON WINDOWS RT (WINDOWS ON ARM) TABLETS AND/OR WINDOWS PHONES.

IMPORTANT NOTICE TO ALL USERS:

AS A CONSUMER, YOU HAVE THE RIGHT TO WITHDRAW FROM YOUR TRANSACTION WITHOUT CHARGE AND WITHOUT ANY REASON BEFORE DOWNLOADING THE SOFTWARE.

HOWEVER, YOU WILL LOSE THE RIGHT TO CANCEL THE TRANSACTION ONCE YOU BEGIN TO DOWNLOAD THE SOFTWARE.

THIS DOES NOT AFFECT YOUR CONSUMER RIGHTS FOR DEFECTIVE DOWNLOADED SOFTWARE.

You should print a copy of this Licence for future reference.

1. Grant and scope of licence

1.1 In consideration of payment by you of the amount of your order that is attributable to the purchase price of the Digital Productand/or Digital Productsto which this Licence relates (separately the Licence Fee) and you agreeing to abide by the terms of this Licence, we hereby grant to you a non-exclusive, non-transferable licence to use the Software in the UK on the terms of this Licence.

1.2 You may:

(a) subject to clause 1.2(b) below, download the Software, install the Software once and use the Software for your personal purposes (if you are a consumer) or your internal business purposes (if you are a business) only (the Permitted Purpose) on one computer (the Original Computer).

(b) download the Software, install the Software once more and use the Software for the Permitted Purpose on:

(i) another computer not being the Original Computer (Replacement Computer) PROVIDED the Software is removed from the Original Computer; or

(ii) a replacement hard drive for the Original Computer (Replacement Hard Drive) following a failure of the original hard drive on which the Software was originally installed (Original Hard Drive) PROVIDED the Software is removed from the Original Hard Drive or where this is not possible as a result of the failure the Software is not used on the Original Hard Drive

(the Further Installation).

You acknowledge that any Further Installation may render the Software unusable without it first being unlocked and in such a circumstance in order to unlock the Software you agree to contact our agents Imagitech Ltd 01792 824438 who will, subject to you providing satisfactory proof of purchase, unlock the re-installed Software for further use by you. This will only be done once for the installation of the Software to either a Replacement Computer or Replacement Hard Drive and any subsequent installations of the Software will require a further licence for the Software to be obtained by you (by re-ordering the Software at your further cost);

(c) receive and use any free supplementary software code or update of the Software incorporating "patches" and corrections of errors as may be provided by us from time to time.

2. Restrictions

2.1 Except as expressly set out in this Licence or as permitted by any local law, you undertake:

(a) not to copy the Software;

(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software;

(c) not to make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;

(d) not to disassemble, decompile, reverse engineer or create derivative works based on, the whole or any part of the Software nor attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited by law;

(e) to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;

(f) to supervise and control use of the Software and ensure that the Software is used by your employees and representatives in accordance with the terms of this Licence;

(g) to include our copyright notice on all entire and partial copies you make of the Software on any medium;

(h) not to provide or otherwise make available the Software in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person other than, if applicable, your employees without prior written consent from us;

(i) not to use the Software via any communications network or by means of remote access.

3. Intellectual property rights


3.1 You acknowledge that all intellectual property rights in the Software anywhere in the world belong to us and/or the Licensor, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software other than the right to use it in accordance with the terms of this Licence.

3.2 You acknowledge that you have no right to have access to the Software in source code form or in unlocked coding or with comments.

3.3 If the integrity of this Software is protected by technical protection measures (TPM) so that the intellectual property rights, including copyright, in the Software are not misappropriated you must not attempt in any way to remove or circumvent any such TPM, nor apply or manufacture for sale or hire, import, distribute, sell or let for hire, offer or expose for sale or hire, advertise for sale or hire or have in your possession for private or commercial purposes any means the sole intended purpose of which is to facilitate the unauthorised removal or circumvention of such TPM.

4. Limitation of liability

4.1 You acknowledge that the Software 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 Software as described meet your requirements.

4.2 If you are:

(a) a business customer, we only supply the Software for internal use by your business, and you agree not to use the Software for any re-sale purposes; or

(b) If you are a consumer, we only supply the Software for domestic and private use. You agree not to use the Software for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

4.3 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this Licence or our negligence up to the amount specified in condition 5.4, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the Licence.

4.4 We shall not under any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Licence for:

(a) loss of profits, sales, business, or revenue;

(b) business interruption;

(c) loss of anticipated savings;

(d) loss or corruption of data or information;

(e) loss of business opportunity, goodwill or reputation; or

(f) any indirect or consequential loss or damage.

4.5 Other than the losses set out in condition 4.4 (for which we are not liable), our maximum aggregate liability under or in connection with this Licence whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in all circumstances be limited to a sum equal to 100% of the Licence Fee. This maximum cap does not apply to condition 4.6.

4.6 Nothing in this Licence shall limit or exclude our liability for:

(a) death or personal injury resulting from our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any other liability that cannot be excluded or limited by English law.

4.7 This Licence sets out the full extent of our obligations and liabilities in respect of the supply of the Software. Except as expressly stated in this Licence, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Software which might otherwise be implied into, or incorporated in, this Licence whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

5. Termination

5.1 We may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.

5.2 Upon termination for any reason:

(a) all rights granted to you under this Licence shall cease;

(b) you must immediately cease all activities authorised by this Licence;

(c) you must immediately pay to us any sums due to us under this Licence; and

(d) you must immediately delete or remove the Software from all computer equipment in your possession, and immediately destroy or return to us (at the our option) all copies of the Software then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.

6. Communications between us

6.1 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order for the Software.

6.2 Please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

7. Events outside our control

7.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Licence that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in condition 7.2.

7.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks.

8. Other important terms

8.1 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence.

8.2 You maynot transfer your rights or your obligations under this Licence to any other party.

8.3 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

8.4 Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

8.5 A person who is not a party to this Licence has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Licence but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

8.6 This Licence, together with the Conditions (as applicable and set out here) replace all other terms and conditions previously applicable to the Digital Product(s) and shall apply to the exclusion of any other terms and conditions. In the event of there being an inconsistency between any of the terms and conditions of the Conditions and any of the terms and conditions of this Licence the terms and conditions of this Licence shall prevail. We may not necessarily keep a copy of this Licence and advise you to keep a copy of them for your information in the future.

8.7 You and we both agree that this Licence shall be governed by and interpreted in accordance with English Law and the English Courts shall have non-exclusive jurisdiction to resolve any disputes between us.