END USER LICENCE AGREEMENT (EULA) PLEASE READ THESE LICENCE TERMS CAREFULLY
This licence agreement (Licence) is a legal agreement between you (Authorised User, Licensee or you) and University of Chester of Senate House, Parkgate Road, Chester, CH1 4BJ (Licensor, us or we) for:
- Practice Assessment Record and Evaluation tool (PARE) version 1.31 computer software and the data supplied with the software (Software); and
- printed materials and electronic documentation (Documentation); and
- the PARE mobile software application (App).
We license use of the Software, App and Documentation to you on the basis of this Licence as an Authorised User (arising out of a SaaS agreement between us and the University/Employing Organization dated (Head Licence)). We do not sell the Software, App or Documentation to you. We remain the owners of the Software, App and Documentation at all times.
OPERATING SYSTEM REQUIREMENTS: The software runs on all major platforms (Internet Explorer, Google Chrome, Firefox, Safari, and others) plus is designed to work across a range of PCs, Mac, and mobile devices and via our App (Operating System).
Your privacy
We only use any personal data we collect through your use of the App and the Software in the ways set out in our privacy policy https://onlinepare.net/governance.php .
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Software may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Support for the App and how to tell us about problems
Support. If you want to learn more about the App or the Service or have any problems using them please contact the PARE Team by clicking Help Centre in your PARE Menu and 'Create Support Ticket'
Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please contact the PARE Team by clicking Help Centre in your PARE Menu and 'Create Support Ticket' or call them on 01925 534168
How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us
Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you at least 30 days notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the App.
If you do not accept the notified changes you may continue to use the App and the Software in accordance with the existing terms, but certain new features may not be available to you.
AGREED TERMS
- GRANT AND SCOPE OF LICENCE, MINOR CHANGES, UPDATES AND UPGRADES
1.1 In consideration of you agreeing to abide by the terms of this Licence, and subject to payment of the fees set out in the Head Licence by University/Employing Organization the Licensor hereby grants to you a non-exclusive, non-transferable licence to use the Software, and the App and the Documentation in the UK on the terms of this Licence for a period of 12 months with an option to renew every 12 months until terminated in accordance with this Licence or upon termination of the Head Licence.
1.2 You may:
(a) access and use the Software, App and Documentation for your personal purposes only whilst you remain a employee, Student (i.e. University students enrolled on University Healthcare related programme practice placements only), Placement Provider Users (agreed Authorised Users undertaking roles as practice assessors, practice supervisors, and placement and education managers for use solely in connection with related programme practice placements and Students only), agents and independent contractors of the organization who are authorised by their organization to use the Services set out in the Head Licence and the Documentation solely in connection with related programme practice placements only and to whom the Licensor has agreed to grant access use;
(b) if you are a Placement Provider you may access and use the Software, App and Documentation for use with any Authorised Users under any other head licence between Us and any educational institution subject always to strict compliance with the terms of such head licence. You may be requested to enter into a separate EULA for each educational institution.
(c) as an Authorised User you shall keep a secure password for your use of the Software, App and Documentation and shall keep this password confidential and shall not share with any third party or permit any third party to access or use the Software, App or Documentation;
(d) use any Documentation in support of the use permitted under paragraph 1.2.
(e) download or stream a copy of the App onto a single Android, IOS, or Windows based mobile telephone and / or mobile tablet device and view, use and display the App on such devices for your personal purposes only. If you download or stream the App onto any phone or other 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 phone or other device.
1.3 We may update the Software, provided that the Software shall always match the description of the Software as set out in the Documentation and you may receive may use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
1.4 The Software and App may be upgraded to reflect changes in the Operating System. The Software and App will work with the current or previous version of that Operating System (as it may be updated from time to time).
1.5 From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons. 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 App.
1.6 The Licensee must ensure that its network and systems comply with the relevant specifications provided by Us or any network provider from time to time;
1.7 The Licensee shall be, to the extent permitted by law and except as otherwise expressly provided in this agreement, solely responsible for procuring, maintaining and securing its network connections and telecommunications links from its systems to the Licensors data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Licensees or any Authorised User network connections or telecommunications links or caused by the internet; and
1.8 The Licensee shall comply with the policies provided made available via https://onlinepare.net/terms-conditions.php .
1.9 By using the App or Software, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any services to you. The App or any 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). 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.
- Restrictions
2.1 General Restrictions
Except as expressly set out in this Licence or as permitted by any local law, you undertake not to:
(a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software, App and/or Documentation (as applicable) in any form or media or by any means; or
(b) attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software or App; or
(c) access all or any part of the Software, App or Documentation in order to build a product or service which competes with the Software and/or the Documentation; or
(d) use the Software and/or App and/or Documentation to provide services to third parties; or
(e) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Software, App and/or Documentation available to any third party, and
(f) attempt to obtain, or assist third parties in obtaining, access to the Software, App and/or Documentation.
(g) We are giving you personally the right to use the App as set out above and you may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
2.2 The Licensee shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Software, App and/or the Documentation and, in the event of any such unauthorised access or use, promptly notify Us.
2.3 ACCEPTABLE USE RESTRICTIONS
You must:
(a) not use the App, Software or Documentation 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 App, any service or any operating system;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the App, Software or Documentation, including by the submission of any material (to the extent that such use is not licensed by these terms);
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Software, App or Documentation;
(d) not use the App, Software or Documentation in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(e) not collect or harvest any information or data from any service or our systems or attempt to decipher any transmissions to or from the servers running any of our services.
- Intellectual property rights
3.1 You acknowledge that all intellectual property rights in the Software, App and the Documentation throughout the world belong to us, that rights in the Software are licensed (not sold) to you, and that you have no intellectual property rights in, or to, the Software, App or the Documentation other than the right to use the Software, App and the Documentation in accordance with the terms of this Licence.
3.2 You acknowledge that you have no right to have access to the Software or App in source code form other than as expressly provided in this Licence.
- Our responsibility for loss or damage suffered by you
4.1 The Licensor does not warrant that the your use of the Software or App will be uninterrupted or error-free; or that the Software, App, Documentation and/or the information obtained by the Licensee through the Software or App will meet the Licensee�s requirements and the Licensor is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Licensee acknowledges that the Software, App and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
4.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Licence 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 this Licence was made, both we and you knew it might happen.
4.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. 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.
4.4 When we are liable for damage to your property. 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.
4.5 We are not liable for business losses. The Software and App is for academic and private use. If you use the Software or App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
4.6 You acknowledge that the Software and App have 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 and App as described meet your requirements.
4.7 Please back-up content and data used with the App and/or Software. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Software.
4.8 We are not responsible for events outside our control. If our provision of the Software or support for the App or the services 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.
- 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 or in the event of termination of the Head Licence.
5.2 Upon termination for any reason:
(a) all rights granted to you under this Licence shall cease;
(b) you must cease all activities authorised by this Licence; and
(c) you must immediately delete or remove the App from all computer equipment in your possession and all access granted by Us shall be switched off;
(d) we may remotely access your devices and remove the App from them and cease providing you with access to the App and/or the Software.
(e) we will retain and transfer copies of any data or Documentation generated by an Authorised User being a Student only during your use of the Software or App to the educational institution where you are enrolled during your use of the Software or App. We retain such information for a period of 7 years after which it is deleted by PARE service.
- Communications between us
6.1 If you are a consumer, if you wish to contact us in writing, or if any condition in this Licence requires you to give us notice in writing, you can send this to us by email or by pre-paid post to University of Chester at Senate House, Parkgate Road, Chester, CH1 4BJ or Submit A Support Ticket . We will confirm receipt of this by contacting you in writing, normally by email.
6.2 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide or confirm to us.
- How we may use your personal information
7.1 Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in https://onlinepare.net/governance.php and it is important that you read that information.
- Other important terms
8.1 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.
8.2 You may only transfer your rights or your obligations under this Licence to another person if we agree in writing or under paragraph 2(a).
8.3 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.
8.4 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.
8.5 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.
8.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.