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Licensing Terms & Conditions

NEC Resources Licence Terms and Conditions

Summary

  1. You may download a PDF copy of the agreed materials by purchasing a licence from the National Extension College (NEC). The copyright and other intellectual rights in the material contained in the files are and will remain the property of NEC.
  2. You can purchase either a:

    • single-user licence – to use the resources in your own teaching only; or
    • multi-user licence – for teachers and tutors in your school, college or organisation to use with the students within that institution who they teach.
  3. The fee you pay is a one-off cost to purchase and download the licensed resources for use with and by the agreed number of licensed users for as long as you require.
  4. Individuals or institutions who have purchased a licence can download the files and distribute printed copies to the agreed students and/or teachers and trainers.
  5. Institutions who have purchased a multi-user licence can upload the files to a standalone PC or secure VLE, LAN or Intranet for use by their students and tutors.
  6. Purchasers cannot amend or delete trademarks or copyright notices or alter or amend the content of the files in any way.

By purchasing a licence you are agreeing to the Full Licence Terms and Conditions overleaf.

We recommend that you print out or save a copy of these terms and conditions for your records.


You should also read and accept NEC’s Refund Policy before purchasing licensed resources from NEC.


NEC Full Licence Terms and Conditions

Important – Please Read

You may download a PDF copy of the agreed materials by purchasing a licence from the National Extension College (NEC). The copyright and other intellectual rights in the material contained in the files are and will remain the property of NEC. You are licensed to use the files only if you accept in full the terms and conditions set out in the Full Licence Terms and Conditions below.

You indicate full acceptance of the terms of this agreement (including limited warranty and limitation of liability) when you tick the box at point of purchase on the shopping cart web page. If you are accepting the licence on behalf of a school, college or organisation, you represent that you are authorised to do so. If you are not authorised, nor deemed in law to have such authority, you assume sole responsibility and personal liability for the obligations set out in the licence agreement.

NEC will enforce its legal rights against any individual or organisation found to be in breach of the licence agreement.

We recommend that you print out or save a copy of these full terms and conditions of the licence for your records.

You should also read and accept NEC’s Refund Policy before purchasing licensed resources from NEC. You accept the terms of the Refund Policy when you tick the box at point of purchase on the shopping cart web page.

Licence Agreement

This agreement assumes that:

  1. You wish to purchase the resources  to print out or use online or on an eBook reader and distribute to students and/or staff as agreed by the licence you have purchased.
  2. NEC is willing to grant you a licence in accordance with this Agreement.
  3. You have accepted our Refund Policy acknowledging that your right to cancel the contract is lost by your agreeing to an instant download of the NEC resources for which you have purchased a licence.

Operative Terms

  • 1.
  • Interpretations and Definitions

    • 1.1
    • In this Agreement, unless the context requires otherwise, the following terms shall have the following meanings:
    • 1.1.1
    • ‘Materials’ means the purchased resources or the downloaded PDF files.
    • 1.1.2
    • ‘Printed Work’ means printed copies of the purchased resources and other material included on the downloaded PDF file.
    • 1.1.3
    • ‘Fees’ means the fees payable by you to NEC for the Licensed Resources.
    • 1.1.4
    • ‘Licensed Resources’ means the Original Content of the downloaded PDF file, whether direct from the web page or from an email link.
    • 1.1.5
    • ‘Original Content’ means the content of the Licenced Resource which is copyright of NEC and ‘Original Content’ means the PDF file containing original content.
    • 1.1.6
    • ‘New Content’ means that part of a Printed Work which does not form part of a Licensed Resource (and which is copyright of You).
    • 1.1.7
    • ‘File’ means any Original Content and update to that File in PDF format.
    • 1.1.8
    • ‘Revisions’ means new versions of, or revisions made to, the Files by NEC.
    • 1.1.9
    • ‘Licensed User’ means students that you as an individual teach if you purchase a single-user licence; or students registered with your school, college or organisation and taught by teachers or tutors within that school, college or organisation if you purchase a multi-user licence; who are licensed to read on screen and/or print content from a File or use a Printed Work.
    • 1.1.10
    • ‘You’ means you as an individual if you purchase a single-user licence; or teachers or tutors within the school, college or other organisation if you purchase a multi-user licence; who has agreed to accept the Licensed Resources on the terms of this Agreement.
    • 1.1.11
    • ‘Refund Policy’ means the terms under which sale of NEC Licensed Resources are governed and your right to change your mind.

  • 2.
  • Grant

    • 2.1 
    • Provided that You have paid the applicable Fees, NEC grants You, and You accept, the non-transferable and non-exclusive right and licence to:
    • 2.1.1 
    • print out single or multiple copies of the Materials as Printed Work for use in accordance with this Agreement by the agreed number of Licensed Users where you have purchased a single-user licence or multi-user licence;
    • 2.1.2 
    • upload Files according to the terms of this Agreement on to a Virtual Learning Environment (VLE), Local Area Network (LAN) or secure Intranet for use by the agreed number of Licensed Users where you have purchased a multi-user licence.

  • 3.
  • Term of Licence

    • 3.1 
    • The Fee you pay is a one-off cost to purchase and download the Licensed Resources for You to use with the agreed number of Licensed Users for as long as you require.

  • 4.
  • Licensee’s Obligations

    • 4.1 
    • You shall supervise and control the use of the Licensed Resources in accordance with the terms of this Agreement. You shall not:
    • 4.1.1 
    • alter or modify the Licensed Resources or any part of them, or permit others to do so other than as provided in Clause 5.2;
    • 4.1.2 
    • copy, sell, sub-license, lease, hire out, or share use of the Licensed Resources or transmit the Licensed Resources to any third party other than those identified in 2.1.1 and 2.1.2;
    • 4.1.3 
    • permit someone other than a Licensed User to use the Licensed Resources unless You have agreed such use with NEC beforehand and pay any applicable fee;
    • 4.1.4
    • convert the Files in PDF format, whether in whole or in part, into any other format unless You have agreed such use with NEC beforehand and pay any applicable fee.

  • 5.
  • Rights in a Printed Work

    • 5.1 
    • This Agreement restricts what You may do with the Licensed Resources but does not restrict what You may do with New Content unless used in conjunction with Licensed Resources.
    • 5.2 
    • In respect of a Printed Work:
    • 5.2.1 
    • You shall not alter or remove any detail of ownership, copyright, trademark or other proprietary right connected with the Licensed Resources and shall reproduce them exactly on any copies;
    • 5.2.2 
    • You may add New Content alongside the Original Content for educational purposes provided that the quality of the Licensed Resource is maintained, as to which NEC shall be the sole determinant upon request
    • 5.2.3 
    • You shall not sell the Printed Works other than to Licensed Users to re-cover the cost of printing or photocopying
    • 5.2.4 
    • You shall not sub-license, lease, hire out, share use of with or rent the Printed Works to any person.

  • 6.
  • Printing

    • 6.1 
    • On download of the Materials File, You may make the necessary arrangements in order to produce Printed Work.

  • 7.
  • Revisions

    • 7.1 
    • NEC may make Revisions of the Licensed Resources available for purchase and download. Revisions are not covered by this Agreement. If you require a copy of the Revision to the File, You will be required to purchase a new licence.

  • 8.
  • Ownership

    • 8.1 
    • The Licensed Resources, Original Content and all copies of them are and shall remain the exclusive property of NEC and You shall have no right, title or interest in them, except as expressly set out in this Agreement.
    • 8.2 
    • To assist NEC in the protection of its proprietary rights, You shall:
    • 8.2.1 
    • keep all such records and do all such acts and things as NEC may reasonably require for the purpose of preserving or protecting such rights; and
    • 8.2.2 
    • permit representatives of NEC to enter upon (at all reasonable times during normal working hours) subject to reasonable notice, any premises in which the Licensed Resources and/or Original Content are or are reasonably believed to be by NEC to be kept, stored or used and inspect all such records. NEC will use reasonable endeavours to minimise disruption to your business activities during such inspection.

  • 9.
  • Warranty

    • 9.1
    • You warrant that You will use your best endeavours to procure that Licensed Users shall comply with the terms of this Agreement and undertake immediately to give notice to NEC of any actual or suspected breaches committed by any Licensed User or other persons.
    • 9.2 
    • You warrant that any New Content used in conjunction with the Licensed Resources shall not infringe the copyright of any third party and shall indemnify NEC against liability arising there from.

  • 10.
  • Limitations of Liability

    • 10.1
    • NEC makes every effort to check the files of the Licensed Resources prior to making them available for purchase, for errors and viruses, but does not warrant that the Files are free from viruses, and You should carry out your own virus check before making the Files available to Licensed Users.
    • 10.2 
    • Save in the event of death or personal injury in respect of which NEC’s liability shall not be limited, NEC’s liability for any breach of this Agreement, whether in contract or tort or for any statutory breach, whether express or implied, shall be limited at NEC’s sole option, to one of the following:
    • 10.2.1 
    • replacing the Files to which the breach relates or the supply of equivalent products; or
    • 10.2.2 
    • refunding the relevant Fees.
    • 10.3 
    • Subject to 10.2, neither NEC, its agents, distributors or employees shall be liable for any special, indirect or consequential damages or for loss of profits, interruptions, loss of information, or other pecuniary loss, however arising.
    • 10.4 
    • NEC does not warrant that the Licensed Resources are fit for any particular purpose.

  • 11.
  • Payment

    • 11.1
    • You must pay the applicable licence fee prior to downloading a PDF of the Licensed Resources. Fees should be paid by credit or debit card.
    • 11.2
    • The Fees are payable in Pounds Sterling and where applicable are inclusive of VAT at the appropriate rate.
    • 11.3
    • The Fees are non-refundable. You must acknowledge your acceptance of the Refund Policy prior to completing your purchase of the Licensed Resources.

  • 12.
  • Termination

    • 12.1 
    • NEC may, without prejudice to its other rights and remedies, terminate this Agreement forthwith by written notice to You without incurring liability for such termination if You commit a breach of any material obligation of this Agreement which cannot be remedied or commit a material breach which can be remedied and fail to remedy it within fifteen calendar days of receiving a written notice from NEC requiring it to be remedied.

  • 13.
  • Effect of Termination

    • 13.1 
    • Upon the expiry or termination (for whatever reason) of this Agreement You shall promptly delete all copies of all Licensed Resources from all computers and eReaders and destroy all other copies of the Licensed Resources.

  • 14.
  • Confidentiality

    • 14.1 
    • The Licensed Resources contain know-how and other valuable confidential information (‘Confidential Information’) which is the property of NEC. You shall not disclose, whether directly or indirectly, the Confidential Information to any third party and shall procure that any Licensed User shall be bound by an equivalent confidentiality undertaking.

  • 15.
  • Force Majeure

    • 15.1 
    • Neither party shall be liable to the other if its performance of its obligations under this Agreement (other than an obligation to pay money) is prevented or hindered due to any circumstances outside its control.

  • 16.
  • Entire Agreement

    • 16.1 
    • This Agreement constitutes the complete and exclusive statement with respect to its subject matter and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between the parties relating thereto.
    • 16.2 
    • You have read and understood this Agreement and agree to be bound by its terms and agree to waive any right to damages or other remedy arising from any representation not contained in this Agreement unless such representation was made fraudulently.

  • 17.
  • Severability

    • 17.1 
    • In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either of the parties from any relevant competent authority, the parties shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality, or failing this such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.

  • 18.
  • Waiver

    • 18.1
    • No delay or failure of either party in enforcing against the other party any right under this Agreement and no partial exercise by either party of any right hereunder shall be deemed to be a waiver of any right of that party under this Agreement.

  • 19.
  • Variation

    • 19.1
    • No variation or amendment to this Agreement shall be effective unless in writing signed by authorised representatives of the parties.

  • 20.
  • Assignment

    • 20.1 
    • The licence granted under this Agreement is personal to You and You shall not assign or part with any interest in it or grant any right under it to any third party. NEC may, on notice to You, assign its rights and obligations under this Agreement to any person.
    • 20.2 
    • This Agreement is binding upon and ensures for the benefit of the parties’ permitted assigns and successors in title.

  • 21.
  • Notices

    • 21.1 
    • Any notice to be served on either of the parties by the other shall be sent by pre-paid recorded delivery or registered post or by electronic mail and shall be deemed to have been received by the addressee within 72 hours of posting or 24 hours if sent by electronic mail to the correct email address of the addressee.

  • 22.
  • Law and Disputes

    • 22.1 
    • This Agreement is governed by and is to be interpreted in accordance with English law. You irrevocably submit to the exclusive jurisdiction of the English courts.

  • 23.
  • Refunds and Returns

    • 23.1 
    • The terms of the sale of NEC Licensed Resources are governed by English Law.
    • 23.2 
    • By accepting NEC’s Refund Policy You are agreeing to an instant download of the Licensed Resources you have selected for purchase and which will become available to You immediately upon completion of purchase.
    • 23.3 
    • By accepting NEC’s Refund Policy You acknowledge that your right to cancel the contract is lost and that You will not be eligible for a refund if You change your mind about purchase of NEC Licensed Resources.