IB Licence

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PLEASE READ THIS CAREFULLY BEFORE YOU CONTINUE THE INSTALLATION PROCEDURE.

YOUR RIGHT TO USE THIS SOFTWARE PRODUCT IS SUBJECT TO THE TERMS SET OUT IN THIS
LICENCE AGREEMENT. INSTALLATION AND USE OF THIS SOFTWARE PRODUCT INDICATES YOUR
ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT OR UNDERSTAND THEM, YOU SHOULD
CANCEL THE INSTALLATION PROCEDURE AND PROMPTLY RETURN THE PRODUCT.
1.

GRANT OF LICENCE

Under copyright law you are not permitted to install, run or use the IB Question
bank CD-Rom ( the Product ) comprising the software program ("the Program") and the
database ("the Database") of assessment questions and associated materials conta
ined on the disk within this package (together "the Software"), and supplementar
y leaflet, without the permission of the International Baccalaureate Organizatio
n (IBO). In consideration of your acceptance of the terms hereunder the IBO gran
ts you, the purchaser of this Product, a non-exclusive licence ("the Licence") t
o install, run and use the Software in this Product as here permitted. Intellect
ual property rights in the Database and supplementary leaflet supplied to you re
main the property of the IBO (of 15, route des Morillons, 1218 Le Grand-Saconnex
, Geneva, Switzerland). Intellectual property rights in the Program supplied to
you remain the property of Doublestruck Limited (Registered Company Number 23732
95, England and Wales, registered office, Suite 2, 63-67 Athenaeum Place, London
N10 3HL). Title to the Software is not transferred to you. All references to t
he Program mean the object code only of the program(s) comprised in the Software
.
TERMS AND CONDITIONS:
1.1.
The purchaser, as original licensee, may transfer the Product to another
user who must in turn comply with the terms and conditions of this Licence.
1.2.
The user may only use the Software on one computer at any one time.
1.3.
The user is entitled to select extracts from the Database and use them a
lone or combined with other extracts to form Material which may be printed and c
opied (other than on the Internet) for teaching, assessment or study purposes pr
ovided that all copies acknowledge the IBO as the source.
1.4.
The user is responsible for seeking permission in writing to make any fu
rther use of this Material, via the forms on www.ibo.org for IBO copyright mater
ial or directly to copyright holders for other copyright works.
1.5.
The user may store, manipulate, analyse, reformat, print and display the
extracts of the Database supplied solely for use as stated in this Licence.
1.6.
IN NO EVENT IS THE USER PERMITTED TO PUBLISH, RE-TRANSMIT, RE-DISTRIBUTE
OR OTHERWISE REPRODUCE ANY PART OF THE PRODUCT OR MATERIAL ARISING FROM IT FOR
ANY BUSINESS OR COMMERCIAL ENTERPRISE INCLUDING, WITHOUT LIMITATION, ANY SECURIT
IES, INVESTMENT, ACCOUNTING, BANKING, LEGAL OR MEDIA BUSINESS OR ENTERPRISE.
FURTHERMORE THE USER MAY NOT NOR PERMIT OTHERS TO:
1.7.
use the Product except as permitted by this Licence;
1.8.
save as in 1.1 above, transfer, distribute, rent, loan, lease, or otherw
ise deal in the Product or any part of it;
1.9.
alter, adapt, merge, modify or translate the Program or the help screen
guidance;
1.10. reverse-engineer, disassemble or decompile the Program;
1.11. remove, change or obscure any product identification or notices of propr
ietary rights and restrictions on or in any part of the Product.
2.
TERM AND TERMINATION
2.1.
This Licence will continue until terminated. You may terminate it at an
y time by destroying the Product.
2.2.
Your Licence to use the Product will terminate automatically if you fail
to comply with any of its terms and conditions.

2.3.
Upon termination of the Licence for any reason you will destroy the Prod
uct. Any use of any aspect of the Product after termination of the Licence is un
lawful.
3.
LIMITED WARRANTY
3.1.
The IBO warrants only to you, as the original licensee, that:
3.1.2. the Software when used properly will provide the functions and facilitie
s and will perform substantially as described in help screens contained within t
he Software; and
3.1.3. the media on which the Software is recorded will be free from defects in
material and workmanship under normal use.
3.2.
The IBO's entire liability and your exclusive remedy under the warrantie
s given in this section 3 will be, at the IBO's discretion, to either:
3.2.1. replace the Product which does not conform with the warranty; or
3.2.2. refund the price paid for the Product and terminate the Licence.
3.3.
This remedy is subject to the return of the Product with a copy of your
payment receipt not later than 35 days from the date of your receipt of the Prod
uct. Thereafter the liability of the IBO shall cease.
4.
EXCLUSION OF OTHER WARRANTIES
4.1.
Except for the express warranties in section 3, the IBO and its supplier
s make and you receive no other warranties, conditions or representations, expre
ss or implied, statutory or otherwise, and without limitation the implied terms
of fitness for a particular purpose are excluded. The IBO does not warrant that
the operation of the Software will be error free or uninterrupted. It is your
responsibility to ensure that the Product is suitable for your needs and that th
e systems upon which you use the Software are in good working order and compatib
le with the Software. The entire risk as to the performance and results of the
Software is assumed by you.
5.
INDEMNITY
5.1.
You acknowledge that you alone are responsible for the use to which you
put the Product and all information, data and results you obtain from using it a
nd that all warranties, conditions, undertakings, representations and terms whet
her expressed or implied, statutory or otherwise are hereby excluded to the full
est extent permitted by law.
5.2.
The IBO hereby disclaims and excludes to the fullest extent permitted by
law all liability for any loss or damage whatsoever and howsoever incurred incl
uding any consequential, special, secondary or indirect loss or damage or any da
mage to goodwill or profits or any loss of anticipated savings incurred by you,
whether arising in tort, contract or otherwise, and arising out of or in relatio
n to or in connection with your access to or use of or inability to use this Pro
duct, or in connection with any failure of performance, error, omission, interru
ption, defect, delay in operation, even if the IBO or its employees or agents ar
e advised of the possibility of such damages, losses or expenses.
6.
INVALIDITY
6.1.
If any part of this Licence agreement (including any provision in which
we exclude our liability to you) is held by a court of competent jurisdiction to
be unenforceable, the validity of the remainder of the Licence will not be affe
cted.
6.2.
You acknowledge that the allocation of risk in this Licence reflects the
price paid for the Product and also the fact that it is not within the control
of the IBO how and for what purposes it is used by you.
7.
LIMIT OF LICENCE
7.1.
The Database may include text and/or notation from literary, dramatic an
d musical works. In granting the Licence the IBO does not grant a licence to yo
u to reproduce any such literary, dramatic or musical works other than in Materi
al produced as a function of the Product and you are advised to ensure that any

other reproduction by you of such text and/or notation conforms to the general l
aw and in particular the law of copyright.
8.
ENTIRE AGREEMENT
8.1.
These terms and conditions set out the whole of our agreement relating t
o our supply of the Product. They cannot be varied except by formal written agre
ement by the IBO. In particular nothing said by any sales person on behalf of th
e IBO should be understood as a variation of these terms and conditions or an au
thorized representation about the Product. The IBO shall have no liability for a
ny such representation being untrue or misleading.
8.2.
Nothing in this Licence will affect the statutory rights of a consumer i
n "consumer transactions" under any applicable statute.
9.
GOVERNING LAW
9.1.
These terms and conditions shall be governed by and interpreted in accor
dance with English law and the English courts shall have jurisdiction to resolve
any disputes between us.
10.
NOTICES
10.1. Notices given under this Licence agreement shall be delivered by hand or
sent by prepaid first class post or electronic mail in the case of either party
. Electronic mail shall be deemed to be delivered when it is sent.
Should you have any questions concerning the Product or this Licence, please con
tact: [email protected]

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