IF YOU HAVE ANY QUESTIONS PLEASE CONTACT THE NLA AT: Newspaper Licensing Agency, Wellington Gate, Church Road, Tunbridge Wells, TN1 1NL,email@example.com.
These Terms set out the conditions under which the NLA grants the School a licence to use NLA NEWSPAPERS FOR SCHOOLS NEWS LIBRARY service.
1. NLA Newspapers for Schools News Library Service
1.1. The NLA grants the School and its Permitted Users and Student Users (if applicable) a non-exclusive, non-transferable, royalty free right to:
· access the Digital Cuttings on the NLA Database using the Service;
· search, view, retrieve and display the Digital Cuttings on screen;
1.2. The rights granted to the School above cannot be transferred, licensed or assigned to any third party without the NLA’s prior consent.
2. School Obligations
2.1. The School must not and ensure that its Permitted Users and Student Users, except as expressly permitted in these Terms do not:
· use the Service except for accessing Digital Cuttings for internal management purposes, teaching purposes and research and private study.
· reproduce, distribute, display, sell, publish, or broadcast Digital Cuttings accessed via the Service;
· remove, conceal or alter any copyright and proprietary notices contained in the Service or the Digital Cuttings accessed via the Service;
· share passwords or otherwise allow third parties to access and/or use the Service for any purpose or in any manner;
· use the Service for any external or re-sale purposes, including the mass, automated or systematic extraction and/or re-utilisation of any part of the Service without an appropriate licence.
· reverse engineer, decompile, or disassemble any software contained in the Service nor attempt in any other manner to obtain the source code(s).
2.2. Without prejudice to any statutory rights the School must take out a separate licence for copying of Digital Cuttings (contact the NLA as above for details).
2.3. The School agrees that neither it nor any of its Permitted Users or Student Users shall acquire any intellectual property rights in the Digital Cuttings or the NLA Newspapers.
2.5. The School and its Permitted Users are responsible for the security and use of its passwords (including any passwords issued for Student Users).
3. Organisation Account
3.1. To be able to use the Service the School must open an Organisation Account.
3.2. Each of the School’s Permitted Users must register with the NLA for a password to use the Service and as part of the registration process each Permitted User shall be required to confirm their acceptance of the terms and conditions for the use of the Service as set out in this Agreement.
3.3. The School and/or a Permitted User may apply to the NLA for a password(s) for Student Users to use the Service it being acknowledged and agreed that the School shall ensure that the Student Users only use the Service as permitted under these Terms and Conditions.
3.4. In the event that the School or any Permitted User becomes aware of any misuse of a password (including any passwords issued for Student Users) the School and/or the Permitted User must contact NLA immediately for replacement password(s)
3.5. Should the School not use its Organisation Account for a continuous period of six months such Organisation Account will be closed.
4. reservation of Rights
4.1. The NLA may terminate or suspend the School’s and/or any Permitted Users and/or Student Users access to the Service if the NLA has reason to believe that these Terms or the terms of any other agreement with the NLA or those of a participating publisher of an NLA Newspaper have been breached. The School confirms that the NLA will not be liable to the School or any Permitted User or any Student User or any third party as a result of any such cancellation or suspension.
4.2. The NLA may alter, retract, suspend and/or withdraw the whole or part of any Digital Cuttings and/or publish corrections if the NLA reasonably considers that it may be legally liable to third parties in respect of such Digital Cuttings and/or such Digital Cuttings contain any Rights Restricted Material. The NLA will have no liability in these circumstances.
4.3. The NLA reserves the right from time to time to amend this Licence, the functions or facilities of the Service or any part of it.
5.1. The NLA provides the Service "as is" and without warranty of any kind. To the fullest extent permitted by law, the NLA disclaims all express and implied conditions and warranties regarding the Service.
5.2. The NLA will not be liable for any (i) loss of business, revenue, profits or anticipated savings or wasted expenditure or for any indirect, special or consequential loss or damage arising from access to or use of the Service, or (ii) delay or failure regarding the Service.
5.3. The NLA does not exclude or limit its liability to the extent such exclusion or limitation is prohibited by law including for death or personal injury caused by the NLA's negligence.
6. Term and Termination
6.1. These Terms shall be effective from the date the NLA first issues the School a password for access to the Service until terminated:
· by either party giving the other one (1) month's written notice of termination; or
· with immediate effect if the School or any Permitted User or any Student User commits or causes any breach of any provisions of these Terms and (in the case of a remedial breach only) remains in breach 14 days after receiving notice to remedy such breach; or
· with immediate effect if the School goes into a voluntary liquidation, presents or has presented against it a winding-up petition, is dissolved, comes to a compromise arrangement with its creditors, has a liquidator, administrator, receiver, manager or administrative receiver or other encumbrancer appointed to, or security enforced over, the whole or any parts of its assets or property, or becomes insolvent or suffers any event analogous to any of the foregoing;
· or under 4.1 above.
7.1. The rights and remedies provided by these Terms may be waived only expressly in writing and specifically and any failure to exercise or any delay in exercising a right or remedy by the NLA in enforcing any breach of these Terms shall have no effect in relation to any later breach.
7.2. The School warrants to the NLA that in entering into this Licence it has not relied on any warranty representation or undertaking save as expressly set out in this Licence.
7.3. All notices which are required to be given under this licence will be in writing and sent to the address or email address of the School set out in the licence request or such other address as the School may advise in writing. Any such notice may be delivered personally or by first class pre-paid letter or facsimile transmission or by email and will be deemed to have been serviced if by hand when delivered, if by first class post 48 hours after posting and if by facsimile transmission or email when dispatched.
7.4. No person other than the NLA and the School shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce these terms
7.5. These terms are governed by the laws of and subject to the jurisdiction of the courts of England.
8. Definitions Used In These Terms
‘Digital Cuttings’ means an article, report, or other item (including an artistic work (including for the avoidance of doubt photographs) and/or an advertisement) in a participating NLA Newspaper in a digital format.
‘NLA’ means The Newspaper Licensing Agency Limited registered in England and Wales under Company Number 3003569 whose registered office is at Wellington Gate, 7 & 9 Church Road, Tunbridge Wells, Kent TN1 1NL
‘NLA Database’ means the NLA hosted database of Digital Cuttings available for the Newspapers For Schools News Library Service;
‘NLA Newspaper’ means the publications (including but not limited to newspapers) participating in the Newspapers For Schools News Library Service operated by the NLA (excluding the online version of any such publication) from time to time.
‘Organisation Account’ means an account opened by the School under which the School and its Permitted Users / Student Users will be granted access to the Service.
’Permitted User’ means a designated teacher employed by the School who is authorised by the School to use the Service
‘Rights Restricted Material’ means the material in respect of which (i) an NLA Newspaper publisher does not own relevant rights or has not mandated the NLA to grant a licence, or (ii) the NLA does not otherwise grant licences at any given time;
‘School’ means an establishment providing full-time primary and secondary education to students where the normal admission age is 16 years or younger.
‘Service’ means the NLA's proprietary Internet based service allowing repeat access to the NLA Database known as "NLA Newspapers For Schools News Library" subject to an embargo of 72 hours.
“Student User” means a student receiving full-time education at the School who is authorised by the School and/or a Permitted User to use the Service.