SINGLE SITE LICENSE AGREEMENT

  1. Interpretation
    1. IETS means Integrated Educational Technology Support cc number CK 990469623 herein represented by GRETA BOSIERS (Identity number 5606150209186) as principal member of the cc, IETS, trading as Computer Skills for Africa (CS4A).
    2. DISTRIBUTOR means IETS.
    3. PUBLISHER means IETS.
    4. SITE means a geographical site such as a house, pre-school, elementary school, middle school, high school, training centre, learning centre, college, and or University.
    5. LICENSEE is the legal entity that will be using the curriculum.
    6. CURRICULUM means the curriculum developed and supplied by IETS, including all the versions and formats of the Activities, Assessment Sheets, Completed Activities, Challenges, Learning Plans, Logbook of Teaching Templates, Class List Templates, Posters, Teachers Guides, and other parts that may be developed from time to time.
    7. CURRICULUM COURSE MATERIAL means the CD/DVD and the printed books that carry the curriculum.
    8. PARTIES mean the Licensee and IETS.
    9. SIGNING DATE means the date upon which this Agreement is signed by all the parties and in the event of the parties signing on different dates the last date upon which this agreement is so signed.
    10. SINGLE SITE LICENSE AGREEMENT means this Agreement concluded between the parties together with all the annexures (if any).
    11. Words and expressions defined in any particular sub-clause shall, for the purpose of the particular clause of which that sub-clause forms part, bear the meanings assigned to such words and expressions in such sub-clause.
      • Any reference to gender includes the other genders.
      • Any reference to the singular shall include the plural and vice versa.
      • Any reference to natural persons includes legal persons and vice versa.
  2. Terms and Conditions
    1. By using the curriculum the licensee accepts the terms in the latest version of this SINGLE SITE LICENSE AGREEMENT as published on the Computer Skills for Africa website (cs4a.co.za).
    2. This SINGLE SITE LICENSE AGREEMENT shall start on the day when the parcel with the Curriculum Course Material is received by the Licensee or 30 days after it was sent, whichever comes first, and be valid as long as the Licensee’s account with IETS is up to date. However, it will terminate if the Licensee fails to comply with any of its terms and conditions.
    3. This SINGLE SITE LICENSE AGREEMENT shall expire either 90 days, 180 days, 270 days or 365 days after the starting date, depending on the purchase.
    4. This SINGLE SITE LICENSE AGREEMENT shall automatically terminate if it expires and the licensee does not upgrade or renew.
    5. Full payment for a SINGLE SITE LICENSE is due before delivery.
    6. The curriculum remains the property of IETS and the Curriculum Course Material is leased to the licensee for the duration of the SINGLE SITE LICENSE AGREEMENT.
    7. The licensee agrees, upon termination of this agreement, to delete all copies of the Curriculum from all computers on which it was installed and to return all Curriculum Course Material to IETS at the cost of the licensee.
    8. The licensee agrees, upon expiry of this agreement, to delete all old copies of the Curriculum from all computers on which it was installed and to return all old Curriculum Course Material to IETS at the cost of the licensee.
    9. By default, the licensee agrees to upgrade the curriculum per quarter or per year (see below).
    10. If on annual payments, the licensee will have the following options of upgrade/renewal. Prior to the expiry of this SINGLE SITE LICENSE AGREEMENT, an invoice for the upgrade will be sent to the licensee.
      • Upgrade: the licensee may upgrade to the newest version of the curriculum at 20% discount on the current price.
      • Alternatively, the licensee may prefer to renew the current licence. The licensee may continue to use the same version of the curriculum at 50% of the current price. If the invoice is paid on time, the SINGLE SITE LICENSE AGREEMENT is renewed under the same T&Cs for another year.
      • The licensee agrees to use the renewal option a maximum of 2 years in a row only.
      • Important: should the licensee intend to renew or terminate this SINGLE SITE LICENSE AGREEMENT, 3 months’ notice to IETS in writing is required.
    11. If on quarterly payments, upgrades are sent on a quarterly basis.
      • Invoices are sent every quarter.
      • Renewals are not applicable.
      • Important: should the licensee intend to terminate this SINGLE SITE LICENSE AGREEMENT, 3 months’ notice to IETS in writing is required.
    12. Please note that if paying by cheque or depositing a cheque or cash into our bank account, you will be required to pay the bank charges associated with this transaction. Cash is acceptable at the CS4A office.
      All reasonable precautions have been taken in the preparation of the Curriculum, including both technical and non-technical proofing. The Publisher and Distributor and all staff assume no responsibility for any errors or omissions. No warranties are made, expressed, or implied with regard to this Curriculum. The Publisher and Distributor shall not be responsible for any direct, incidental, or consequential damages arising from the use of the Curriculum. While the Curriculum is regularly scanned for viruses, it is the Licensees responsibility to virus check all files supplied by the Distributor, prior to use. Please inform the Publisher and or Distributor of any errors in the curriculum. All project guides are updated on a regular basis, so feedback is both valued by the Publisher and will help maintain the highest possible standards.
    13. The SINGLE SITE LICENSE AGREEMENT between the Distributor and the Licensee supersedes any other agreement or discussions either oral or written and may not be changed except by written signed agreement.
    14. No refund will be given in the event of inadequate Internet connection at the Licensee’s organization resulting in the inability to download Curriculum files from the Internet.
    15. The SINGLE SITE LICENSE AGREEMENT entitles the Licensee to use the Curriculum at the named site(s) only.
    16. The Curriculum may be used by the Licensee to use or teach at a single, designated site. If the Licensee has more than one site and wishes to use the Curriculum at these sites, then they must purchase multiple SITE LICENSE AGREEMENTS.
    17. The Curriculum may not be re-sold, lent, rented, assigned, or transferred to any third party in any form.
    18. The Curriculum may not be exported from the country to which it is supplied, in any form.
    19. The passwords necessary to access and open the Curriculum must not be disclosed to any third party in any form.
    20. Under the terms of this SINGLE SITE LICENSE AGREEMENT there is no limit to the number of copies of the teacher resource files that the Licensee may load onto computers for use at its named site(s).
    21. Under the terms of this SINGLE SITE LICENSE AGREEMENT there is no limit to the number of copies of the digital files of the Curriculum that the Licensee may produce for use at its named site(s).
    22. The Licensee may load onto a home computer, teacher resource files to prepare for teaching the curriculum at its named site(s).
    23. The Licensee may not translate, reverse engineer, de-compile or disassemble any of the Adobe PDF (or compiled HTML/Help) files supplied.
    24. Printed copies of the Curriculum may be made available to students. Digital copies of the Activities may also be made available to students. These will in any event only be available to people physically at the named site(s). No distance learning is permitted by our SINGLE SITE LICENSE AGREEMENT.
    25. If any provision of this SINGLE SITE LICENSE AGREEMENT is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable such provisions shall be severed from the licensing agreement, however, the other provisions shall remain in full force and effect.
    26. Purchasing Curriculum from IETS indicates the Licensees acceptance of these terms and restrictions and any violation will be prosecuted to the full extent of local law.
    27. IETS can change this SINGLE SITE LICENSE AGREEMENT at any time. We will inform the Licensee about any important changes.
  3. Current Licensing Information
    1. The Publisher reserves the right to alter licensing conditions at any time, without prior notice.
    2. ADDITIONAL INFORMATION
      © Copyright 2016
    3. Publisher
      Integrated Educational Technology Support T/A Computer Skills for Africa
      cs4a.co.za
    4. All trademarks acknowledged
    5. No documentation provided by the Distributor may be copied without written permission from the Publisher.
  4. Curriculum
    1. IETS shall:
      • Supply the curriculum to the licensee as ordered.
    2. The LICENSEE shall:
      • Respect the common copyright law on all the curriculum material, in particular, no Curriculum material may be copied or reprinted or reproduced in any format without written consent of IETS/CS4A.
      • Not give away, sell or rent out the Curriculum material to any other person or institution.
  5. Support

    IETS shall render the licensee unlimited email and telephonic support at the licensee’s initiative, as long as the SINGLE SITE LICENSE AGREEMENT is valid.
  6. Confidentiality

    Both parties will keep in confidence all documentation and information received from the other party and classified by that party as confidential and shall use such documentation and information solely as provided in this Agreement. The parties shall use all reasonable efforts to protect such information from disclosure to third parties and restrict its use as provided in this Agreement.
  7. Domicilium
    1. The parties choose as their respective domicilia citandi et executandi for all purposes of and in connection with this agreement as follows:
      IETS:
      23 Flamingo Street, Newcastle

      PO Box 20023
      Newcastle
      2956

    2. Either party shall be entitled to change its domicilium from time to time, provided that any new domicilium selected by it or him shall be an address other than a box number and any such change shall only be effective upon receipt of notice in writing by the party or the other party, as the case may be, of such change.
    3. All notices, demands, communications or payments intended for either party shall be made or given at such part’s domicilium for the time being.
    4. A notice sent by one party to another party shall be deemed to be received:
      1. On the same day, if delivered by hand;
      2. On the same day of transmission, if sent by telefax with receipt received confirming completion of transmission at the following telefax numbers/email address: The LICENSEE
        IETS: 086 654 9430 or greta@cs4a.co.za
      3. On the fifth day after posting, if sent by pre-paid registered mail and posted within the RSA.
    5. Notwithstanding anything to the contrary herein contained a written notice or communication actually received by a party shall be an adequate written notice or communication to it or him notwithstanding that it was not sent to or delivered at its or his chosen domicilium citandi et executandi.
  8. Dispute Resolution
    Any dispute in regard to the interpretation or effect of, or the parties respective obligations under or a breach of or any matter arising out of this Agreement which the parties cannot resolve through consultations or negotiations, will be resolved in the following manner:

    1. By arbitration in the manner set out in this clause, subject to the arbitration proceedings being held within 60 (SIXTY) days of a party calling upon the other to enter into arbitration proceedings. In the event that arbitration proceedings are not held within that period either party shall be entitled to approach a competent court.
    2. The arbitration proceedings will held on an informal basis, in an attempt to reach a decision as quickly as possible, while always observing the principles of justice. A bona fide attempt must first be made to resolve any differences between the parties on a basis of negotiation and equity.
    3. Each party to the dispute can be represented at the arbitration proceedings by its legal representatives and/or any other expert or specialist retained by it.
    4. The Arbitrator will allow each party to present such evidence and argument as the Arbitrator may consider to be relevant to the matter in dispute.
    5. The Arbitrator will be a suitably qualified person/s as the parties may mutually agree: and if no agreement is reached by appointment by the Minister/MEC responsible for local government matters in the Province of Kwa-Zulu Natal, who will, in appointing the arbitrator, have regard to the qualifications and experience of the appointee in relation to the nature of the dispute over which she or he has to adjudicate. In case the Arbitrator resigns or becomes unable to act, a successor will be appointed in the same manner as set out in this clause for the appointment of the original arbitrator and the successor will have all the powers and duties of her or his predecessor.
    6. The arbitration will be conducted in the Province of Kwa-Zulu Natal at a place determined as deemed appropriate by the Arbitrator, who will apply the law of South Africa.
    7. The decision of the Arbitrator will be final and binding upon all the parties and capable of being made an Order of Court on application by any of them.
    8. Nothing herein contained or implied will preclude the parties from applying to Court for a temporary interdict or other relief of an urgent and temporary nature pending the award of the Arbitrator hereunder.
    9. In view of the public interest, and the social imperatives to resolve disputes quickly and inexpensively, the Arbitrator is vested with powers to make interim orders and to give directions as to alternative provisions, which are to be implemented by the parties in the event of circumstances arising which in the opinion of the Arbitrator render such interim order or directions desirable, in the interest of all parties concerned.
    10. The cost of an incidental to any proceedings will be in the discretion of the Arbitrator, who will be entitled to the direct that they be taxed as between “party and party” or as between “attorney and client”
    11. The Magistrate’s Court will have jurisdiction to try any matter arising out of this Agreement.
  9. Jurisdiction

    For the purpose of any proceedings in terms of this agreement, the parties hereby consent to the jurisdiction of the Magistrate’s Court for the district of Newcastle, provided nevertheless that THE LICENSEE or IETS shall have the right at their option and discretion to institute proceedings in any other competent Court.