Thinking Worlds Software Licence Agreements
Thinking Worlds Software Licence Agreement.
This is a legal agreement between you and Caspian which grants you a non-exclusive and non-transferable licence to use this software in accordance with the terms of this agreement. By installing the software or clicking “accept” implies acceptance of these terms and conditions either on your own behalf or on behalf of the business or organisation you represent.
This licence and product is not available to any individual, business (incorporated or unincorporated), entity or organisation with a turnover exceeding US$100,000 in its last fiscal year. If you do not comply with this requirement, please do not continue with the installation, as doing so would be a breach of the terms of this licence agreement.
You agree as follows:
Proprietary Rights
1. All rights in and to the software including all copyright and other intellectual property rights as between you and Caspian are owned by Caspian. At no time shall any intellectual property in the software transfer to you. Nothing contained herein shall be construed as conferring by implication or otherwise any licence or right in respect of any trade mark
or patent of Caspian (registered or otherwise) or any third party.
2. You are required to notify Caspian immediately if you become aware of any unauthorized use of the software by any person.
Extent of Licence
3. Use of our Thinking Worlds software to create and share games by anyone who is not registered with Caspian constitutes a breach of this licensing agreement.
4. You are permitted to use the software for the purpose of creating, playing and sharing games and simulations. The software must only be installed on a single machine using the licence key that has been generated for that machine. You may not exercise any of the rights granted to you in any manner that is intended for or directed towards commercial advantage or monetary compensation without the express written consent of Caspian.
5. This software will allow the IOS publishing format.
5.1. Any games / simulations developed specifically for the IOS platform can only be distributed internally to your employees. You will need to purchase an Enterprise Developer License from Apple to allow you to undertake this internal distribution.
5.2. Only individual games / simulations may be distributed to the App Store. Under no circumstances should a “launcher” / game selector element constitute part of any submission to the App Store, and must be removed in advance.
5.3. If games / simulations are developed using Thinking Worlds on behalf of your end client, the end client must also purchase an Enterprise Developer License from Apple, and the end client is also restricted to internal distribution only.
5.4. When distributing any developed games / simulations you must consider that you have agreed to the terms and conditions of your Apple Developer License.
6. In the event that you distribute any of the software (games / simulations created) as a hard-copy or as an electronic format, the source of the software shall be acknowledged and Caspian’s proprietary interests displayed.
Copying, Security and Control
7. You may not make copies of the software
8. You shall during the continuance of this licence effect and maintain adequate security measures to safeguard the software from access or use by any unauthorized person; retain the software and all copies thereof under your effective and reasonable control; and maintain a full and accurate record of your copying and disclosure of the software and shall produce such record to Caspian on reasonable request from time to time.
Alterations
9. Except to the extent and in the circumstances expressly required to be permitted by law you shall not alter, modify, adapt or translate the whole or any part of the software in any way whatsoever nor permit the whole or any part of the software to be combined with or become incorporated in any other computer programs nor decompile, disassemble or reverse engineer the same nor attempt to do any of such things. To the extent that local law grants you the right to decompile the software in order to obtain information necessary to render the software interoperable with other computer programs used by you, Caspian hereby undertakes to make that information readily available to you. Caspian shall have the right to impose reasonable conditions such as a reasonable fee for doing so. In order to
ensure that you receive the appropriate information, you must first give Caspian sufficient details of your objectives and the other software concerned. Requests for the appropriate information should be given by notice to Caspian in accordance with this Agreement.
Warranties and Liability
10. All software is provided on an “AS IS” basis without any representation or endorsement made and without warranty of any kind whether express or implied in respect of the data contained in it, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
11. Caspian does not give any warranty that the information contained in the software is correct or complete, and shall not be liable for any loss howsoever caused whether due to negligence or otherwise arising from use of the software.
12. To the fullest extent permitted by law Caspian hereby excludes all liability to you for direct, indirect or consequential loss or damage including but not limited to loss of profits and/or any damage to computers or other technological equipment (this list is indicative only and not exhaustive). While the software has been tested for correct operation as
part of Caspian’s standard quality assurance procedure in accordance with sound industry practice Caspian does not, and cannot, warrant that the functions contained in the software will be uninterrupted or error free, that all defects will be corrected, or that the software is free of viruses, bugs or any other malfunction.
13. In any event your remedy shall be restricted to (at the sole discretion of Caspian) repair, replacement or refund with respect to the software in question.
General
14. You agree to fully indemnify Caspian from and against all and any losses, damages, costs and/or expenses of any character incurred or suffered and any claim and/or legal proceedings which are brought about or threatened arising from your use, or conduct in respect of the software and/or any of these terms and conditions.
15. If you sell, dispose of, or otherwise lose control of the hardware on which the software is stored or running then you will ensure, where possible, that the software is removed or deleted before the sale or disposition.
16. You shall not be permitted to assign, sub licence, or otherwise transfer any of your rights under these terms and conditions.
17. This Licence and the rights granted hereunder will terminate automatically upon any breach by you of its terms.
18. If any part of these terms is found to be invalid by any court having competent jurisdiction, the validity of the remaining terms shall remain unaffected and without further action by the parties to this licence, such provision shall be amended to the minimum extent necessary to make suchprovision valid and enforceable.
19. Headings are for ease of reference only and shall not affect interpretation.
20. Notices shall be in writing and sent by first class post/e-mail to Caspian Learning Limited, St Peter’s Gate, Sunderland Science Park, Charles Street, Sunderland, SR6 0AN or info@caspianlearning.co.uk
21. English law shall apply to these terms and conditions, and the parties agree to submit to the non-exclusive jurisdiction of the English courts. If you have any queries in relation to these terms and conditions, please email info@caspianlearning.co.uk
Thinking Worlds IOS Software Licence Agreement
This is a legal agreement between you and Caspian which grants you a non-exclusive and non-transferable licence to use this software in accordance with the terms of this agreement. By installing the software or clicking “accept” implies acceptance of these terms and conditions either on your own behalf or on behalf of the business or organisation you represent.
You agree as follows:
Proprietary Rights
1. All rights in and to the software including all copyright and other intellectual property rights as between you and Caspian are owned by Caspian. At no time shall any intellectual property in the software transfer
to you. Nothing contained herein shall be construed as conferring by implication or otherwise any licence or right in respect of any trade mark or patent of Caspian (registered or otherwise) or any third party.
2. You are required to notify Caspian immediately if you become aware of any unauthorized use of the software by any person.
Extent of Licence
3. Use of our Thinking Worlds software to create and share games by anyone who is not registered with Caspian constitutes a breach of this licensing agreement.
4. You have purchased a full single seat licence for the Thinking Worlds IOS module, which permits you to publish any games and simulations created by you as IOS versions. You may play and share, including for commercial gain, all or any of the IOS version simulations / games that you create in perpetuity without any further payment or royalties. For the avoidance of doubt, if you have not purchased Thinking Worlds Professional software, you will not have access to the advanced functionality therein, nor can you play
and share for commercial gain any games / simulations created as non IOS versions. The software must only be installed on a single machine using the licence key that has been generated for that machine.
5. This software will allow the IOS publishing format.
5.1. Any games / simulations developed specifically for the IOS platform can only be distributed internally to your employees. You will need to purchase an Enterprise Developer License from Apple to allow you to undertake this internal distribution.
5.2. Only individual games / simulations may be distributed to the App Store. Under no circumstances should a “launcher” / game selector element constitute part of any submission to the App Store, and must be removed in advance.
5.3. If games / simulations are developed using Thinking Worlds on behalf of your end client, the end client must also purchase an Enterprise Developer License from Apple, and the end client is also restricted to internal distribution only.
5.4. When distributing any developed games / simulations you must consider that you have agreed to the terms and conditions of your Apple Developer License.
6. In the event that you distribute any of the software (games / simulations created) as a hard-copy or as an electronic format, the source of the software shall be acknowledged and Caspian’s proprietary interests
displayed.
7. The software may be used on hardware only at the premises indicated when registering with Caspian and shall not be used at any other premises whatsoever without the written consent of Caspian.
Copying, Security and Control
8. You may not make copies of the software
9. You shall during the continuance of this licence effect and maintain adequate security measures to safeguard the software from access or use by any unauthorized person; retain the software and all copies thereof under your effective and reasonable control; and maintain a full and accurate record of your copying and disclosure of the software and shall produce such record to Caspian on reasonable request from time to time.
Alterations
10. Except to the extent and in the circumstances expressly required to be permitted by law you shall not alter, modify, adapt or translate the whole or any part of the software in any way whatsoever nor permit the whole or any part of the software to be combined with or become incorporated in any other computer programs nor decompile, disassemble or reverse engineer the same nor attempt to do any of such things. To the extent that local law grants you the right to decompile the software in order to obtain information necessary to render the software interoperable with other computer programs used by you, Caspian hereby undertakes to make that information readily available to you. Caspian shall have the right to impose reasonable conditions such as a reasonable fee for doing so. In order to ensure that you receive the appropriate information, you must first give Caspian sufficient details of your objectives and the other software concerned. Requests for the appropriate information should be given by notice to Caspian in accordance with this Agreement.
Warranties and Liability
11. All software is provided on an “AS IS” basis without any representation or endorsement made and without warranty of any kind whether express or implied in respect of the data contained in it, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
12. Caspian does not give any warranty that the information contained in the software is correct or complete, and shall not be liable for any loss howsoever caused whether due to negligence or otherwise arising from use of the software.
13. To the fullest extent permitted by law Caspian hereby excludes all liability to you for direct, indirect or consequential loss or damage including but not limited to loss of profits and/or any damage to computers
or other technological equipment (this list is indicative only and not exhaustive). While the software has been tested for correct operation as part of Caspian’s standard quality assurance procedure in accordance with
sound industry practice Caspian does not, and cannot, warrant that the functions contained in the software will be uninterrupted or error free, that all defects will be corrected, or that the software is free of viruses,
bugs or any other malfunction.
14. In any event your remedy shall be restricted to (at the sole discretion of Caspian) repair, replacement or refund with respect to the software in question.
General
15. You agree to fully indemnify Caspian from and against all and any losses, damages, costs and/or expenses of any character incurred or suffered and any claim and/or legal proceedings which are brought about or threatened arising from your use, or conduct in respect of the software and/or any of
these terms and conditions.
16. If you sell, dispose of, or otherwise lose control of the hardware on which the software is stored or running then you will ensure, where possible, that the software is removed or deleted before the sale or
disposition.
17. You shall not be permitted to assign, sub licence, or otherwise transfer any of your rights under these terms and conditions.
18. This Licence and the rights granted hereunder will terminate automatically upon any breach by you of its terms.
19. If any part of these terms is found to be invalid by any court having competent jurisdiction, the validity of the remaining terms shall remain unaffected and without further action by the parties to this licence, such
provision shall be amended to the minimum extent necessary to make such provision valid and enforceable.
20. Headings are for ease of reference only and shall not affect interpretation.
21. Notices shall be in writing and sent by first class post/e-mail to Caspian Learning Limited, St Peter’s Gate, Sunderland Science Park, Charles Street, Sunderland, SR6 0AN or info@caspianlearning.co.uk.
22. English law shall apply to these terms and conditions, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
If you have any queries in relation to these terms and conditions, please email info@caspianlearning.co.uk.
Thinking Worlds Professional Software Licence Agreement
This is a legal agreement between you and Caspian which grants you a non-exclusive and non-transferable licence to use this software in accordance with the terms of this agreement. By installing the software or
clicking “accept” implies acceptance of these terms and conditions either on your own behalf or on behalf of the business or organisation you represent.
You agree as follows:
Proprietary Rights
1. All rights in and to the software including all copyright and other intellectual property rights as between you and Caspian are owned by Caspian. At no time shall any intellectual property in the software transfer
to you. Nothing contained herein shall be construed as conferring by implication or otherwise any licence or right in respect of any trade mark or patent of Caspian (registered or otherwise) or any third party.
2. You are required to notify Caspian immediately if you become aware of any unauthorized use of the software by any person.
Extent of Licence
4. Use of our Thinking Worlds software to create and share games by anyone who is not registered with Caspian constitutes a breach of this licensing agreement.
5. You have purchased a full single seat licence for Thinking Worlds, which permits you to use the software for the purpose of creating games and simulations. You may play and share, including for commercial gain, all or any of the simulations / games that you create in perpetuity without any further payment or royalties. The software must only be installed on a single machine using the licence key that has been generated for that machine.
6. In the event that you distribute any of the software (games / simulations created) as a hard-copy or as an electronic format, the source of the software shall be acknowledged and Caspian’s proprietary interests
displayed.
7. The software may be used on hardware only at the premises indicated when registering with Caspian and shall not be used at any other premises whatsoever without the written consent of Caspian.
Copying, Security and Control
8. You may not make copies of the software
9. You shall during the continuance of this licence effect and maintain adequate security measures to safeguard the software from access or use by any unauthorized person; retain the software and all copies thereof under your effective and reasonable control; and maintain a full and accurate record of your copying and disclosure of the software and shall produce such record to Caspian on reasonable request from time to time.
Alterations
10. Except to the extent and in the circumstances expressly required to be permitted by law you shall not alter, modify, adapt or translate the whole or any part of the software in any way whatsoever nor permit the whole or any part of the software to be combined with or become incorporated in any other computer programs nor decompile, disassemble or reverse engineer the same nor attempt to do any of such things. To the extent that local law grants you the right to decompile the software in order to obtain information necessary to render the software interoperable with other computer programs used by you, Caspian hereby undertakes to make that information readily available to you. Caspian shall have the right to impose
reasonable conditions such as a reasonable fee for doing so. In order to ensure that you receive the appropriate information, you must first give Caspian sufficient details of your objectives and the other software concerned. Requests for the appropriate information should be given by notice to Caspian in accordance with this Agreement.
Warranties and Liability
11. All software is provided on an “AS IS” basis without any representation or endorsement made and without warranty of any kind whether express or implied in respect of the data contained in it, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
12. Caspian does not give any warranty that the information contained in the software is correct or complete, and shall not be liable for any loss howsoever caused whether due to negligence or otherwise arising from use of the software.
13. To the fullest extent permitted by law Caspian hereby excludes all liability to you for direct, indirect or consequential loss or damage including but not limited to loss of profits and/or any damage to computers
or other technological equipment (this list is indicative only and not exhaustive). While the software has been tested for correct operation as part of Caspian’s standard quality assurance procedure in accordance with
sound industry practice Caspian does not, and cannot, warrant that the functions contained in the software will be uninterrupted or error free, that all defects will be corrected, or that the software is free of viruses,
bugs or any other malfunction.
14. In any event your remedy shall be restricted to (at the sole discretion of Caspian) repair, replacement or refund with respect to the software in question.
General
15. You agree to fully indemnify Caspian from and against all and any losses, damages, costs and/or expenses of any character incurred or suffered and any claim and/or legal proceedings which are brought about or threatened arising from your use, or conduct in respect of the software and/or any of
these terms and conditions.
16. If you sell, dispose of, or otherwise lose control of the hardware on which the software is stored or running then you will ensure, where possible, that the software is removed or deleted before the sale or
disposition.
17. You shall not be permitted to assign, sub licence, or otherwise transfer any of your rights under these terms and conditions.
18. This Licence and the rights granted hereunder will terminate automatically upon any breach by you of its terms.
19. If any part of these terms is found to be invalid by any court having competent jurisdiction, the validity of the remaining terms shall remain unaffected and without further action by the parties to this licence, such
provision shall be amended to the minimum extent necessary to make such provision valid and enforceable.
20. Headings are for ease of reference only and shall not affect interpretation.
21. Notices shall be in writing and sent by first class post/e-mail to Caspian Learning Limited, St Peter’s Gate, Sunderland Science Park, Charles Street, Sunderland, SR6 0AN or info@caspianlearning.co.uk.
22. English law shall apply to these terms and conditions, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
If you have any queries in relation to these terms and conditions, please email info@caspianlearning.co.uk.
Thinking Worlds Software Education Licence Agreement
THIS LICENCE OVERRIDES ANY LICENCE WITHIN OR ATTACHED TO THE SOFTWARE
This is a legal agreement between you and Caspian which grants you a non-exclusive and non-transferable license to use this software in accordance with the terms of this agreement. Use of the software implies
acceptance of these terms and conditions.
You agree as follows:
Proprietary Rights
1. All rights in and to the software including all copyright and other intellectual property rights as between you and Caspian are owned by Caspian. At no time shall any intellectual property in the software transfer
to you. Nothing contained herein shall be construed as conferring by implication or otherwise any license or right in respect of any trade mark or patent of Caspian (registered or otherwise) or any third party.
2. You are required to notify Caspian immediately if you become aware of any unauthorized use of the software by any person.
Extent of License
3. Use of our Thinking Worlds software to create and share games by anyone who is not registered with Caspian constitutes a breach of this licensing agreement.
4. The Education package license entitles your educational establishment to 30 single user licenses to V3.5 of Thinking Worlds in perpetuity, and thus should only be installed on the appropriate number of computers.
5. This software will allow the IOS publishing format.
5.1. Any games / simulations developed specifically for the IOS platform can only be distributed internally to your employees. You will need to purchase an Enterprise Developer License from Apple to allow you to undertake this internal distribution.
5.2. Only individual games / simulations may be distributed to the App store. Under no circumstances should a “launcher” / game selector element constitute part of any submission to the App Store, and must be removed in advance.
5.3. If games / simulations are developed using Thinking Worlds on behalf of your end client, the end client must also purchase an Enterprise Developer License from Apple, and the end client is also restricted to internal distribution only.
5.4. When distributing any developed games / simulations you must consider that you have agreed to the terms and conditions of your Apple Developer License.
6. You are permitted to use the software for the purpose of creating and playing games and simulations. You may not exercise any of the rights granted to you in any manner that is intended for or directed towards
commercial advantage or monetary compensation without the express written consent of Caspian Learning.
7. In the event that you distribute any of the software (games / simulations created) as a hard-copy or as an electronic format, the source of the software shall be acknowledged and Caspian’s proprietary interests
displayed.
8. The software may be used on hardware only at the premises indicated when registering with Caspian and shall not be used at any other premises whatsoever without the written consent of Caspian.
Copying, Security and Control
9. You may not make copies of the software
10. You shall during the continuance of this license effect and maintain adequate security measures to safeguard the software from access or use by any unauthorized person; retain the software and all copies thereof under your effective and reasonable control; and maintain a full and accurate record of your copying and disclosure of the software and shall produce such record to Caspian on reasonable request from time to time.
Alterations
11. Except to the extent and in the circumstances expressly required to be permitted by Caspian by law you shall not alter, modify, adapt or translate the whole or any part of the software in any way whatsoever nor permit the whole or any part of the software to be combined with or become incorporated in any other computer programs nor decompile, disassemble or reverse engineer the same nor attempt to do any of such things. To the extent that local law grants you the right to decompile the software in order to obtain
information necessary to render the software interoperable with other computer programs used by you, Caspian hereby undertakes to make that information readily available to you. Caspian shall have the right to impose reasonable conditions such as a reasonable fee for doing so. In order to ensure that you receive the appropriate information, you must first give Caspian sufficient details of your objectives and the other software concerned. Requests for the appropriate information should be given by notice to Caspian in accordance with this Agreement.
Warranties and Liability
12. All software is provided on an “AS IS” basis without any representation or endorsement made and without warranty of any kind whether express or implied in respect of the data contained in it, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
13. Caspian does not give any warranty that the information contained in the software is correct or complete, and shall not be liable for any loss howsoever caused whether due to negligence or otherwise arising from use of the software.
14. To the fullest extent permitted by law Caspian hereby excludes all liability to you for direct, indirect or consequential loss or damage including but not limited to loss of profits and/or any damage to computers
or other technological equipment (this list is indicative only and not exhaustive). While the software has been tested for correct operation as part of Caspian’s standard quality assurance procedure in accordance with
sound industry practice Caspian does not, and cannot, warrant that the functions contained in the software will be uninterrupted or error free, that all defects will be corrected, or that the software is free of viruses,
bugs or any other malfunction.
15. In any event your remedy shall be restricted to (at the sole discretion of Caspian) repair, replacement or refund with respect to the software in question.
General
16. You agree to fully indemnify Caspian from and against all and any losses, damages, costs and/or expenses of any character incurred or suffered and any claim and/or legal proceedings which are brought about or threatened arising from your use, or conduct in respect of the software and/or any of
these terms and conditions.
17. If you sell, dispose of, or otherwise lose control of the hardware on which the software is stored or running then you will ensure, where possible, that the software is removed or deleted before the sale or
disposition.
18. You shall not be permitted to assign, sub license, or otherwise transfer any of your rights under these terms and conditions.
19. This License and the rights granted hereunder will terminate automatically upon any breach by you of its terms.
20. If any part of these terms is found to be invalid by any court having competent jurisdiction, the validity of the remaining terms shall remain unaffected and without further action by the parties to this license, such
provision shall be amended to the minimum extent necessary to make such provision valid and enforceable.
21. Headings are for ease of reference only and shall not affect interpretation.
22. Notices shall be in writing and sent by first class post/e-mail to Caspian Learning Limited, St Peter’s Gate, Sunderland Science Park, Charles Street, Sunderland, SR6 0AN or info@caspianlearning.co.uk
23. English law shall apply to these terms and conditions, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
If you have any queries in relation to these terms and conditions, please email info@caspianlearning.co.uk.
