Newsmaker - Terms of use

Newsmaker Licence

Please read this Agreement carefully as it governs your use of Guardian News and Media’s product, Newsmaker ("the Product"). By installing the Product you are agreeing on behalf of your school (in each case referred to as "you") to the terms that appear below. If you have any questions please email us at learncontact@guardian.co.uk. If you do not agree with these terms or are not authorised to agree them please do not install the Product.

1 Provision of Product

1.1 The Product is owned by Guardian News and Media Ltd (company number 00908396), whose registered office is at 1 Scott Place, Manchester, M3 3GG ("Guardian News and Media").

1.2 Each registration is for use on the internal computer network of a single school (or a single school department) only as stated on your order form. You may choose to authorise your pupils and teachers (together, "Users") to use the Product accessed from your network. You are responsible for all use of the Product by all such Users. You must ensure that your Users comply with the terms of this Agreement. If you make the network available for remote access by Users, such access must be password-based and otherwise reasonably secure from access by unauthorised third parties.

1.3 Technical requirements for installation of the Product are set out at www.newsmaker.co.uk. If the installation is unsuccessful due to any problem with the Product’s interoperability with your network, please inform Guardian News and Media and we will provide you with all reasonable telephone support. If you cannot resolve the problem please inform us within two weeks of first attempting installation and return the product for a refund.

1.4 If Guardian News and Media has provided you with the Product on a trial basis, we may terminate your right to use the Product by notice at any time prior to you purchasing the Product. On termination of your rights, you must promptly delete the Product and all Content from your computer systems and return the discs and all material supplied with the Product to Guardian News and Media within one month.

2 Limited Rights to Use Content

2.1 All material within the Product supplied by Guardian News and Media ("Content") belongs to Guardian News and Media or its licensors. Subject to clause 2.2, you and your Users may store the Content on your internal network, retrieve and display the Content on a computer screen, print individual pages on paper, use the Content for lesson planning and/or newsletters for Users and store such pages in electronic form on disk and on your internal server (but not on any other server or other storage device connected to an external network) for your internal educational non-commercial purposes.

2.2 Most of the Content in the Product is owned by Guardian News and Media but certain content is used under licence from third parties ("Third Party Content") and will be marked with the copyright notice of those third parties. Some of the Third Party Content will be subject to additional restrictions - the relevant copyright notice will make it clear where that is the case. You are responsible for ensuring that your Users comply with such restrictions.

2.3 Except as set out in this clause 2, you and your Users may not (without prior written permission from Guardian News and Media):

2.3.1 copy or redistribute the Product any of the Content (including by using it as part of any library, archive or similar product);

2.3.2 remove the copyright or trade mark notice from any copies of Content made under this Agreement;

2.3.3 create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content; or

2.3.4 except as expressly set out above, modify, reproduce or in any way commercially exploit any of the Content.

2.4 You and your Users acknowledge that the names, images and logos identifying "Learnthings", “Learnpremium”, “Learnscotland”, “Newsmaker”, "Guardian" and third parties and their products and Products are subject to design rights and trade marks of Learnthings Limited, Guardian News and Media Limited and their licensors and you may not use them without written permission.

2.5 You acknowledge that you may add material (“User Material”) for use with the Product. Guardian News and Media does not have any liability for User Material. You are responsible for ensuring that your use of User Material is appropriate and does not infringe the rights of others.

3 Warranties

3.1 Guardian News and Media will use its reasonable skill and care in making the Product available to you and ensuring it complies with its user documentation. However, because of the number of sources from which Guardian News and Media obtains the Content and the nature of computer software and hardware, errors and omissions do occur and Guardian News and Media does not give any other warranties in respect of the Product. In particular, you should not take the accuracy of the information for granted and Guardian News and Media makes no warranty that the Product is free from infection by viruses or anything else that has contaminating or destructive properties. All implied warranties are excluded from this Agreement to the extent that they may be excluded as a matter of law.

4 Limitation of Liability

4.1 Guardian News and Media will use its reasonable endeavours to resolve faults in the Product during the first 90 days following installation. You agree that your only recovery for damages that you incur, and your exclusive remedy, shall be limited to the direct damages you actually incur up to an amount equivalent to the fee actually paid or payable in relation to your use of the Product. Guardian News and Media is not responsible for the availability or performance of the hardware on which you install the Product unless directly caused by the Product itself.

4.2 Neither of us will be responsible for any losses that the other suffers as a result of a breach of this Agreement or unavailability of the Product except those losses which are a direct foreseeable consequence of the breach. Neither party will be responsible for indirect losses which happen as a side-effect of the main loss or damage and which are not foreseeable (such as loss of profits or loss of data).

4.3 Notwithstanding the above provisions of this clause 4, Guardian News and Media’s liability will not be limited in the case of death or personal injury directly caused by Guardian News and Media’s negligence.

5 General

5.1 Guardian News and Media may terminate this Agreement if you are in default and in such case Guardian News and Media is not obliged to refund you any fees.

5.2 Guardian News and Media may transfer its rights and/or obligations under this Agreement to a third party by written notice to you provided that it reasonably believes that your rights under this Agreement will not be detrimentally affected as a result. You may not transfer any of your rights under this Agreement to any other person without Guardian News and Media’s written permission.

5.3 If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

5.4 If you breach this Agreement and Guardian News and Media chooses to ignore this, Guardian News and Media will still be entitled to use its rights and remedies at a later date or in any other situation where you breach this Agreement.

5.5 A person who is not party to this Agreement shall have no right to enforce any of its terms.

5.6 We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so under English law within the United Kingdom

5.7 Headings in this Agreement are for convenience only and will have no legal meaning or effect.

Newsmaker - from the Guardian