General terms and conditions for use of free sample resources from the United Curriculum
The Terms apply to the Sample User’s use of the Samples, which the Sample User has downloaded for free evaluation.
IT IS AGREED as follows:
1 Definitions
In these Terms, the following words shall have the following meanings:
- ‘Application Form’ - The online form submitted by the Sample User to access the Samples.
- ‘Commencement Date’ - The date the Application Form was submitted.
- ‘Parties’ - The Owner and the User, and ‘Party’ shall mean either of them.
- ‘Samples’ - The free samples of the Owner’s curriculum materials which the Sample User may download as detailed in the Application Form.
- ‘Sample User’ - An individual who has completed an Application Form to download and trial Samples.
- ‘The United Curriculum Website’ - The Owner’s online website that the Samples may be downloaded from.
2 Grant of rights
2.1 Licence granted
In consideration of the Sample User agreeing to comply with the Terms, the Owner hereby grants to the Sample User, subject to the provisions of these Terms, a non-exclusive licence to access and download the Samples for non-commercial use and evaluation in teaching.
2.2 Scope of licence
The licence is personal to the Sample User and is not assignable or sub-licensable. Accordingly, the Sample User may store the Samples electronically but may only print hard copies of Samples to the extent indicated in Schedule 1. but the Sample User shall not make any of the Samples available to any other party (other than pupils as a necessary part of teaching) and the Samples should not be used for any purpose other evaluating their suitability for use in teaching. Any amendment to the Samples will be solely for the purpose of teaching. The Samples will not be varied, reworked or amended for other purposes. No amendment to the Samples should be in breach of Clause 3.1. No other licence is granted by the Owner to the Sample User.
2.3 Third party material
A well as the Owner’s proprietary material, the Samples may contain third party images reproduced under licence and links to third party websites. The Sample User undertakes not to breach the terms of any licence under which third party images are supplied and acknowledges that the Owner is not responsible for the content or efficacy of any third party site linked to.
3 Intellectual property
3.1 Branding and copyright notices
In exercising its rights pursuant to these Terms the Sample User shall:
3.1.1 Not remove the Owner’s copyright notices or branding; and
3.1.2 Not add any other party’s copyright or branding and not change the font, layout, house style or “look and feel” of the content in question.
4 Liability
4.1 Indemnity
The Sample User shall indemnify the Owner against any loss, damages, costs or expenses which are awarded against or incurred by the Owner arising from any breach by the Sample User of this Agreement or any use by the Sample User of the Samples.
5 Duration and termination
5.1 Commencement and termination by expiry
The information provided by the Sample User in the Application Form will only be held by the Owner for a period of one year from the Commencement Date. Following this point, the Sample User will no longer have access to the United Curriculum Website and the Sample User’s account (and any of the Sample User’s personal data it holds) will be deleted as per the User’s Privacy Policy.
5.2 Early termination
Without prejudice to any other right or remedy, the Owner may terminate the Sample User’s access to and right to use the Samples at any time if the Sample User is in breach of these Terms. The Sample User will be given Immediate notice in writing (emailed to the Sample User’s email address as given in the Application Form) of the breach. In the case a breach is capable of remedy, Sample Users will have 10 days from receiving the notice specifying the breach to remedy the breach to the satisfaction of the Owner.
5.3 Consequences of termination
Upon termination or expiry the Sample User shall no longer have access to new Samples for download and shall delete or dispose of and cease all use of Samples already downloaded (including printed off and reworked versions).
6. General
These Terms may only be amended on written notice by the Owner. No failure or delay on the part of either Party to exercise any right or remedy under these Terms shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy. If any provision or part of these Terms is held to be invalid, amendments to these Terms may be made by the addition or deletion of wording as appropriate to remove the invalid part or provision but otherwise retain the provision and the other provisions of this Agreement to the maximum extent permissible under applicable law. Neither Party shall act or describe itself as the agent of the other, nor shall it make or represent that it has authority to make any commitments on the other’s behalf. The validity, construction and performance of this Agreement shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which the parties hereby submit, except that a Party may seek an interim injunction in any court of competent jurisdiction. These Terms and the Application Form set out the entire agreement between the Parties relating to their subject matter and supersede all prior oral or written agreements, arrangements or understandings between them relating to such subject matter. The Parties acknowledge that they are not relying on any representation, agreement, term or condition which is not set out in these Terms. These Terms do not create any right enforceable by any person who is not a party to it ('Third Party') under the Contracts (Rights of Third Parties) Act 1999, but this clause does not affect any right or remedy of a Third Party which exists or is available apart from that Act.
SCHEDULE 1
Scope of Permitted Printing
- Word documents
- PowerPoint documents that are designated ‘Teacher Packs’, and may be printed as an ongoing reference pack for teachers over the course of the unit.
- PowerPoint documents that are otherwise designated ‘printable’ resources, such as images and timelines for display in the classroom.
- All resources for EYFS.