Definitions
‘licensed web application’ means the Literacy Toolbox Online.
‘licensor’ means Carron Practicals Ltd.
Licence
Subject to the provisions of this agreement as well as the payment of all applicable license fees, licensor hereby grants to licensee and licensee hereby accepts from licensor, a limited, revocable, nonexclusive, nontransferable, nonassignable right and license to use the licensed web application solely in connection with the licensee’s own internal purposes. Except as explicitly provided in this section no license under any patents, copyrights, trademarks, trade secrets, or any other intellectual property rights, express or Implied, are granted by licensor to licensee under this agreement.
Licensor obligations
Except as otherwise expressly set forth herein, licensor’s sole obligation with respect to the content and ‘licensed web application’ shall be to provide access to the content and ‘licensed web application’ in accordance with, and subject to, the provisions of this agreement.
System Outages
The licensor periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. The licencor shall have no liability whatsoever for the resulting unavailability of the site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery or non-delivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the internet infrastructure and network external to the website
Suspension of Service
The licensor has the right, at any time, without notice, suspend service to the licensee as a result of any use of the licensed web application by the licensee or anybody else which the licensor deems unreasonable or causes losses to the licensor and shall have no liability whatsoever for the resulting unavailability of the site or for any loss of data or transactions caused by such suspension or the resultant delay, misdelivery or non-delivery of information caused by such suspension.
Content and Disclaimer
The information at this website may contain bugs, viruses, errors, problems or other limitations. The licencor assumes no liability and shall not be responsible for any errors or omissions with respect to the functioning of, or the content at, this website and reserves the right to make changes to this website at any time without notice. Moreover, the licencor does not warrant the accuracy, currency, reliability or completeness of any information, text, graphics, links, or other items contained at this website. Accordingly, all content at this website is provided "as is" and without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The licencor disclaims all responsibility or liability for any damages caused by viruses contained within the electronic files at the website. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. In no event shall the licencor be liable for any damages whatsoever, and in particular the licencor shall not be liable for special, indirect , consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of, or related to, this web site or any other website of the licencor or the information contained therein, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise.
All software application(s) is(are) provided "as is" without warranty of any kind, either express or implied, including but not limited to any implied warranty of merchantability, non infringement or fitness for a particular purpose, compliance and conformity with applicable laws, all of which are specifically disclaimed, to the maximum extent permitted by law. The entire risk as to the ownership, results and performance of the software application(s) is assumed by you. Should the software application(s) prove defective, you (and not developer or its licensors, suppliers, distributors or dealers) assume the entire cost of all necessary servicing, repair or correction. Neither developer nor its licensors, suppliers, distributors or dealers warrant that the functions contained in the program will meet your requirements or that the operation of the program will be uninterrupted or error free.
Limitation of Liability
Neither developer nor its licensors, suppliers, distributors or dealers or anyone else who has been involved in the creation, production, or delivery of this program shall be liable for any direct, indirect, consequential or incidental damages, lost profits, business interruption or loss of information arising out of the use, the results of use, or inability to use such program, or damage of loss caused by the program, even if advised of the possibility of such damages or claim.
Information and feedback
Any ideas or suggestions received from you about how to improve the website or the products or services of the licencor or any affiliates of the licencor shall be deemed a grant of permission by you for the licencor to adopt and use such ideas or suggestions without additional consideration. By communicating with the licencor, you automatically grant the licencor a royalty-free, perpetual, irrevocable, nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication or any information therein alone or as part of other works in any form, media, or technology, whether no known or hereafter developed, and to sublicense such rights to third parties.
Loss of content; security
The developer utilizes industry standard reliability and security measures in an attempt to protect and preserve your data, however, due to the relative insecurity of any information which is transmitted over the internet (and over wireless networks or intranets in connection with transmission to or from the internet), stored on servers which are accessible via the internet and other means, it is impossible to guarantee complete security. If you take advantage of features allowing you to customize and configure a heyo application itself, you will bear the full risk for security risks resulting from configuration choices made by you, as some changes can take the ability to provide any security for the application out of our control. Additionally, if our servers or the servers of third party providers fail or become corrupt, we may lose and be unable to retrieve data you have submitted via the software application. Additionally, if your account is closed for any reason, your content within the software application will be lost and/or inaccessible, and mobile applications, websites and/or fanpages you have created, as applicable, will no longer display. Therefore, we urge you to maintain copies of all content submitted by you for your own protection.