END USER LICENSE AGREEMENT
1. DEFINITIONS
1.1 “Content” means all the proprietary information including but not limited to compiled data and other requisite information delivered to You along with Software and updated from time to time during the Term.
1.2 “Software” comprises of the Mypedia software program.
1.3 “Source Code” is defined as the content of all HTML, CSS, XML, JavaScript, and PHP files provided with the Software and includes all related artifacts, images, files and database.
1.4 “Term” of the EULA is a period of ONE year or last date of usage of the software, whichever is earlier.
2. GRANT OF LICENSE
2.1 You may:
(a) Install and use a copy of Software subject to the payment of the appropriate license fee on any one Tablet computer or other device; and
(b) Install an additional copy of the aforementioned chosen software on a second, portable device for the exclusive use of the primary user of the first copy of Software.
2.2 You agree that Pearson and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. Pearson may use this information solely to improve its products or to provide customized services or technologies to You and will not disclose this information in a form that personally identifies You.
3. SOFTWARE UPGRADES
The Software is licensed as a single product and may contain features that enable Us, via the internet, to notify You of available software upgrades, promotions, products and services in which You may be interested; to update Software, Services, product data files and instructional and marketing content in the Software; and to collect non-personally identifiable usage data. The Software may also contain features that enable You to download store locator files. You agree that Pearson may utilize these features to provide such notices and updates, permit such downloads and to collect such data, unless you have elected to deactivate the features in the Software.
Provided MyPedia Achievement Test is compatible under following specifications only:
Browser compatibility
IE 10 & above.
Chrome - all versions.
Mozilla - all versions.
Platform compatibility
As this is a cloud based online solution, it is only browser dependent and not platform dependent.
4. RESTRICTIONS ON USE
4.1 Pearson grants a non-exclusive, non-assignable, non-transferable, limited license to the Software in machine-readable code only for Your personal, non-commercial use for the Term of the EULA.
4.2 Accordingly, You shall not:
(a) Copy, rent, lease, sell, repair, transfer, assign, sublicense, disassemble, reverse engineer or decompile, modify or alter the Software or Source Code or Content including, but not limited to, translating or creating derivative works thereof, under any circumstances;
(b) Separate the Software into its component parts for independent use;
(c) Remove any proprietary notices and/or labels on or in the Software;
(d) Use the Software to develop any like software or other technology having the same primary function as the Software, including but not limited to using the Software in any development or test procedure that seeks to develop like software or other technology;
(e) Use the Software for any commercial or illegal purpose; and/or reproduce the Content for commercial purposes.
(f) Use, download and/or install the Software or reproduce the Content on public Internet terminals, shared devices, and/or public computers without prior written permission from Pearson.
4.3 Violation of any of the above restrictions may result in a termination of your ability to access the Software, Services and Content. Pearson reserves any and all rights or remedies that may be available in the event of your breach of the EULA.
5. INTELLECTUAL PROPERTY RIGHTS
You, directly or indirectly would not claim any ownership or do anything contrary to the provisions of the EULA in respect of any intellectual property rights including but not limited to the database, the Content and all other proprietary information which is being licensed to You as a part of the Software. You agree and acknowledge that all intellectual property rights are owned and/or sub-licensed by Pearson and are protected by various copyright laws and international treaties.
6. COMPLIANCE WITH LAWS AND TERMS
You agree to comply with all applicable laws in connection with the use of the Software and Services. You agree that you will defend, indemnify and hold Pearson harmless against any claims, costs, expenses, damages, proceedings, losses arising out of or your failure to comply with the terms of EULA.
7. REPRESENTATIONS AND WARRANTIES
You represent and warrant that you possess the legal right and ability to agree to this EULA, and that all information or material that you transmit through the Software is owned by you, is true, accurate and current, including login credentials. You agree that you will not: (i) transmit any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant the right to use such materials as provided in this EULA; (ii) submit any false information or misrepresentation that could result in liability or damage to us or any third party; (iii) submit any material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, graphic or gratuitously violent, harassing, hateful, racially or ethnically offensive, encourages conduct that would give rise to criminal or civil liability, violate any law, or is otherwise inappropriate; (iv) impersonate another person, including submitting their photographs as your own; (v) transmit worms, viruses or other malicious codes.
8. DISCLAIMER OF WARRANTY
Pearson does not make any warranties or representations with respect to the Software, its quality, merchantability or fitness for a particular product. The Software is provided to you “AS IS” and Pearson does not make any warranty that the Software is free from claims of infringements of patents, copyrights, trade secrets or other third party proprietary rights. Pearson does not warrant that the functions contained in the Software or the Content thereof will meet your requirements or that the operation of the Software will be uninterrupted or error free. You assume responsibility for operation of the Software, and for the installation, use, and results obtained from the Software and Content. Pearson makes no warranties of any kind related to the non-infringement, or arising from course of performance, dealing, usage or trade. The Software may contain hypertext links to third-party web sites or information. Pearson does not make any warranty, endorsement, sponsorship, or recommendation of the third-party, the third-party web site, or the information contained therein. Pearson is not responsible for the availability of any such web site or liable for the content thereon. You need to make your own decisions regarding your interactions or communications with any other web site. In no event shall Pearson or its suppliers be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Software, Content or Services, the provision of or failure to provide support or other services, or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of Pearson, even if Pearson or any supplier has been advised of the possibility of such damages.
9. EXPORT RESTRICTIONS
You agrees that you will not, directly or indirectly, export or transmit (i) the Software or (ii) any developed software and/or derivative works or service that uses the Software, Services or Content to any country to which such export or transmission is restricted by any applicable Indian regulation or statute, without the prior written consent, if required, of the concerned Indian government department, or such other government entity as may have jurisdiction over such export or transmission.
10. TERM AND TERMINATION
This EULA is effective for the One year and would be terminated for non-payment of renewal fee by You after the stipulated time period as and when intimated by Pearson. You may terminate this EULA at any time by deleting or otherwise destroying the Software together with all copies in any form. This EULA will also automatically terminate if you fail to comply with any term or condition of this EULA. You agree that Pearson also may, at its sole discretion, temporarily or permanently terminate the EULA with prior notice to You and/or terminate the Services without prior notice to you. Upon termination, for any reason, You agree to destroy the Software together with all copies in any form and not to use the Content or Services enabled through the Software. Provisions which, by their nature, should remain in effect beyond termination of this EULA shall survive.
11. GOVERNING LAW AND JURISDICTION
This EULA and all questions of its interpretation shall be construed in accordance with the laws of India, without regard to its principles of conflicts of Laws. Any dispute regarding this EULA shall be referred to and settled by arbitration through a sole arbitrator appointed by Pearson. The venue of arbitration shall be New Delhi and the arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. Courts at New Delhi shall have the exclusive jurisdiction in respect of any matter or dispute connected with this Agreement.
12. ADDITIONAL SERVICES
This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that Pearson may provide to you or make available to you after the date you obtain your initial copy of the Software, unless they are accompanied by separate terms.
13. LICENSE TO CHILDREN
You affirm that you are over the age of 18 and are not a minor. The Software is not being licensed to minor children (i.e. children under the age of 18). If the user of the Software is a minor, a parent or legal guardian must read the terms of the EULA and accept the same, in which case the parent or legal guardian takes full responsibility for all obligations under the EULA and for all activities of the child using the Software. If you are a parent or legal guardian, you may permit one child to use the Software instead of you.
If you accept the terms of the EULA, you represent that you are an adult 18 years of age or older and are either accepting the EULA on behalf of yourself or on behalf of your child, in which latter case you agree to have read, understood and accepted the EULA on behalf of your child and represent that you are also personally bound by the EULA. Without limiting the foregoing, parents and legal guardians understand that they are responsible for the acts and activities of their children in connection with any installation, copying, or use of the Software.
14. ANTI BRIBERY AND CORRUPTION:
You agree to comply with all applicable laws related to bribery and corruption and you shall not either directly or indirectly make any payment, contribution, donation, bartering transaction, gift or any other transfer of anything of value, whether by cash, check or otherwise, to or for the benefit of (i) any government official or employee of any government, (ii) any government official or employee of any entity owned or controlled by a foreign government, (iii) any candidate or political party, or (iv) any private person or firm with knowledge or reason to know that such payment will be offered, given or promised, directly or indirectly, to a person described in parts (i), (ii) or (iii), above.
15. INFORMATION COLLECTION AND USE, PRIVACY POLICY
15.1. By installing, accessing or using the services, you consent collection of information and usage terms, including (where applicable) the transfer of data into a country outside India. You agree that such information shall include but not limited to name , address, contact number or any other related information about you.
15.2. If you provide any information that is untrue, inaccurate not current or incomplete or we has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we shall have the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the services.
15.3. You shall be responsible for maintaining the confidentiality of your password, which you will not be under an obligation to reveal to anyone.
15.4. You agree and understand that we have the right to disclose the aggregate Registration information to third parties in connection with marketing the services. Furthermore, you agree and grant us the right to use your individual Registration Data to provide targeting of advertisements and other Service offers.
15.5. We respect your privacy rights and recognize the importance of protecting any information collected about you. Our privacy policy as amended from time to time is available at www.pearson.co.in ("Privacy Policy") and applicable to this EULA. Our Privacy Policy defines how, why and to which extent we collect and uses personal and non-personal information in relation to our products and services. By installing, accessing or using the our Services you explicitly agree with the terms and conditions of our Privacy Policy and to any terms and conditions included therein by reference.
16. MISCELLANEOUS
Each provision of this EULA is severable. If a provision is found to be unenforceable, this finding does not affect the enforceability of the remaining provisions, terms, or conditions of this EULA. This EULA is binding on successors and assigns. Pearson will not be responsible for any non-performance or delay attributable in whole or in part to any cause beyond its reasonable control. Nothing contained herein shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. You acknowledge that you have read this EULA, that you understand it, that you agree to be bound by its terms, and that the foregoing is the complete and exclusive statement of the EULA.