Commtap Symboliser End User License Agreement

COMMTAP SYMBOLISER END-USER
LICENCE AGREEMENT

1.
Who we are and what this agreement does

1.1
We are Commtap CIC of 14 Piggott House, Sewardstone Road, London, E2 9JJ. Welcome to our agreement for the Commtap Symboliser software (Software).

1.2
Please read these licence terms carefully. By clicking on the “accept” button, or continuing to use the Software, you (and anyone you authorise to use the Software) agree to these terms, which will be binding on you and them. If you do not agree, please do not click “accept” or continue to use the Software.

1.3
We license you to use, as permitted in these terms:

1.3.1
the Software (including the data supplied with the Software, and any updates, patches or supplements to it); and

1.3.2
the related online or electronic documentation (Documentation).

2.
Your privacy

We only use any personal data we collect through your use of the Software in the ways set out in our privacy policy https://en.commtap.org/general-page/commtap-cic-data-and-privacy.

3.
Reseller terms

If you purchased the Software through a third party reseller (such as FastSpring) the ways in which you can use the Software and Documentation may also be controlled by the Reseller terms (for instance, FastSpring’s terms are available at https://fastspring.com). Where there are any discrepancies between Reseller terms and this agreement, this agreement will prevail.

4.
Subscription

4.1
We make the Software available on the following 3 different subscriptions:

4.1.1
Trial: where you can download and use the Software free of charge for a period of 30 days;

4.1.2
Yearly: where you can download and use the Software for a fee for a period of 12 months (including the right, for 12 months from the date of purchase, to receive updates, patches and upgrades); and

4.1.3
Perpetual: where you can download and use the Software for a fee on a perpetual basis (including the right, for 12 months from the date of purchase, to receive updates, patches and upgrades).

4.2
Depending on which subscription you have purchased, you acknowledge that your rights to use the Software and to receive updates, patches and upgrades may differ.

5.
Operating system requirements

The Software requires a device (e.g. laptop or personal computer) with a functioning version of Microsoft Office PowerPoint 2010 (or any later version) and Windows 7 (or any later version) installed. The Software does not operate on Apple Macs, tablets or smartphones.

6.
Support for the Software and how to tell us about problems

Support

6.1
If you want to learn more about the Software or have any problems using it please take a look at our support resources at https://symboliser.commtap.org.

Contacting us (including with complaints)

6.2
If you think the Software is faulty or misdescribed or wish to contact us for any other reason please email support@commtap.org or call on 01905 571 008 or +44 1905 571 008 (from outside of the UK).

How we will communicate with you

6.3
If we have to contact you we will do so by email, using the contact details you have provided to us.

7.
How you may use the Software, including how many devices you may use it on

7.1
When you purchased the licence key (Licence Key) you specified the number of users within your organisation or your household who would be using the Software at any one time (e.g. 1, 10, 30 or 50) (Active Users). You may install the Software on as many devices as you wish, but the maximum number of persons who may use the Software concurrently is restricted to the number of Active Users (i.e. the number of users specified for your Licence Key).

7.2
In return for your agreeing to comply with these terms you may:

7.2.1
download, install, view, use and display the Software for:

7.2.1.1
personal, non-commercial use; or

7.2.1.2
professional use

(together 7.2.1.1 and 7.2.1.2 being the Permitted Uses);

7.2.2
use any Documentation to support your Permitted Uses of the Software;

7.2.3
receive and use any free supplementary software code or update of the Software incorporating “patches” and corrections of errors as we may provide to you; and

7.2.4
provided you comply with clause 15, make one copy of the Software and the Documentation for back-up purposes.

8.
You must be at least 18

You must be 18 or over to accept these terms and buy the Software.

9.
You may not transfer the Software to someone else

We are giving you and any Active Users personally the right to use the Software and Licence Key as set out above. You and any Active Users may not otherwise transfer the Software or Licence Key to someone else, whether for money, for anything else or for free.

10.
Changes to these terms

10.1
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

10.2
We will give you, where possible, at least 30 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next start the Software.

10.3
If you do not accept the notified changes you may continue to use the Software in accordance with the existing terms but certain new features may not be available to you.

11.
Update to the Software

11.1
From time to time we may automatically update the Software to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the Software for these reasons.

11.2
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Software.

11.3
Subject to your subscription under clause 4 above, the Software will always work with the versions of Microsoft Office PowerPoint and Microsoft Windows supported by their manufacturer (Microsoft) and will match the Documentation provided at the time you updated it. We may not be able to provide updates to the Software to ensure it remains compatible with any older versions of third party software.

12.
If someone else owns the device you are using

If you download the Software onto any device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the device.

13.
We may collect technical data about your device

By using the Software, you agree to us collecting and using technical information about the devices you use the Software on, related software, hardware and peripherals.

14.
We are not responsible for other websites you link to

14.1
The Software may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

14.2
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

15.
Licence restrictions

You agree that you will:

15.1
not rent, lease, re-sell, sub-license, loan, provide, or otherwise make available, the Software and/or Licence Key in any form, in whole or in part to any person without prior written consent from us (except that you are entitled to provide and make the Software and/or Licence Key available to Active Users);

15.2
not copy the Software or Documentation, except as part of the normal use of the Software or where it is necessary for the purpose of back-up or operational security;

15.3
not use the Software in conjunction with any unlicensed software, tools and/or images (including any unlicensed sets of symbols);

15.4
not translate, merge, adapt, vary, alter or modify, the whole or any part of the Software or Documentation nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Software in conjunction with Microsoft Office PowerPoint 2010 (or later) and on devices as permitted in these terms;

15.5
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such things; and/or

15.6
comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Software.

16.
Acceptable use restrictions

You must:

16.1
not use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Software or any operating system;

16.2
not infringe our intellectual property rights or those of any third party in relation to your use of the Software (to the extent that such use is not licensed by these terms);

16.3
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Software;

16.4
not use the Software in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

16.5
not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from our servers.

17.
Intellectual property rights

All intellectual property rights in the Software and the Documentation throughout the world belong to us and the rights in the Software are licensed (not sold) to you. You have no intellectual property rights in, or to, the Software or the Documentation other than the right to use them in accordance with these terms.

18.
Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so

18.1
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

If you are a professional (e.g. an educational or health professional, or Speech and Language Therapist), paragraphs 18.2 and 18.3 apply:

18.2
Subject to the liability cap set out below, we are responsible to you for foreseeable loss and damage caused by us as a result of our breaching these terms or failing to use reasonable care and skill. However, we are not in any circumstances responsible for any of the following losses (whether foreseeable or unforeseeable):

18.2.1
loss of profits;

18.2.2
loss of revenues;

18.2.3
loss of business or business opportunity;

18.2.4
damage to reputation;

18.2.5
loss, deletion or corruption of content or data;

18.2.6
computer failure or malfunction; or denial of service.

18.3
Our aggregate liability to you (including any Authorised User) in respect of claims arising out of or in connection with this agreement or any collateral contract, whether in contract or tort (including negligence) or otherwise, will not exceed the any amounts that you have paid for the Software in the 12 month period preceding the claim.

If you are a consumer (e.g. not an educational or health professional), paragraphs 18.4 to 18.6 apply:

18.4
We are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both of us knew it might happen.

18.5
We will not be liable for any loss or damage suffered by you where such loss or damage is caused as a result of your act or omission where you are acting in breach of this agreement.

18.6
If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

19.
Limitations to the Software – for consumers and professionals

19.1
The Software has not been developed to meet your individual requirements. Please check that the facilities and functions of the Software (as described in the Documentation) meet your requirements.

19.2
You should back up any content and data used in connection with the Software, to protect yourself in case of problems with the Software.

19.3
If our provision of the Software or support for the Software is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.

19.4
The Software is provided for general information and educational purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Software. Although we make reasonable efforts to update the information provided by the Software, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

20.
Limitations to Software – if you are a professional

20.1
You agree that the Software is provided “as is” and “as available”. To the fullest extent permitted by applicable law, we exclude all terms, conditions, warranties and representations that are not expressly set out in this agreement (including any implied terms, whether in statute, equity, common law, course of trade or dealing or otherwise) including any as to merchantability, fitness for a particular purpose, non-infringement, the level of skill and care to be applied by us and any others whatsoever. You acknowledge that you are dealing with us as a professional, and not as a consumer.

20.2
We do not guarantee that use of the Software will be uninterrupted, error free or free of viruses at all times and in all circumstances, nor that such interruption or errors will be corrected. We will not be liable for any interruption or use of the Software unless due to our negligence.

21.
We may end your rights to use the Software if you break these terms

21.1
We may end your rights to use the Software at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

21.2
If we end your rights to use the Software (including where any Subscription comes to an end for any other reason):

21.2.1
you must stop all activities authorised by these terms, including your use of the Software;

21.2.2
you must delete or remove the Software from all devices in your possession (including devices held by your organisation or household, if applicable) and immediately destroy all copies of the Software which you have and confirm to us that you have done this;

21.2.3
we may disable your Licence Key with the effect that the Software will not operate properly.

21.3
You acknowledge that when you are obliged not to do something under these terms, that includes an obligation on you not to allow or permit something to be done.

22.
We may transfer our rights and obligations to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

23.
You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

24.
No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

25.
If a court finds part of these terms illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

26.
Even if we delay in enforcing these terms, we can still enforce it later

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

27.
Which laws apply to these terms and where you may bring legal proceedings

These terms are governed by the laws of England and Wales and either of us can bring legal proceedings in the courts of England and Wales.

  1. Where you use PCS symbols provided by the software

Where you use Tobii Dynavox Picture Communication Symbols (PCS) provided by the software you agree to the following paragraphs 28.1 and 28.2:

28.1

The Picture Communication Symbols (“PCS”) accessed with Commtap Symboliser may not be used to create materials in print or electronic form, whether for communication or instruction, except by a single user in conjunction with the user’s own personal use of Commtap Symboliser. PCS symbols may be distributed solely in Boardmaker file formats designated with a “.bm2”, “.zip”, or “.zbp” file extension. Distribution of any content or materials using PCS symbols in other formats (e.g. .pdf, .ppt or PowerPoint, .doc or WORD, or similar software formats used to display and/or transmit text and/or images is only permitted when copyright is included on such materials (PCS is a trademark of Tobii Dynavox, LLC. All rights reserved. Used with permission). Individual user of Commtap Symboliser may use PCS materials with persons in their classroom or on their caseload. Sharing materials between multiple instructors is not permitted. The PCS is wholly and exclusively owned by Tobii Dynavox.

28.2

Users of this software may not rent, lease, or lend PCS symbols, or provide them to any online service or commercial hosting services. Users may not sublicense, assign, or transfer any rights to the PCS, or authorize all or any portion of the PCS symbols to which the user has access to be copied onto any computer or other device.