KLOC School Version by Kinewell Energy

EduKLOC – LICENCE AGREEMENT

PLEASE READ THESE LICENCE TERMS CAREFULLY BEFORE SUBCRIBING TO USE THE EduKLOC SERVICE.

This licence agreement ("Licence") is a legal agreement between you ("Licensee" or "you") and us and governs your use of our EduKLOC service and limits our liability to you. By clicking on “I accept” at the end of this screen and/or accessing and using the EduKLOC site contained at educational.kinewell.co.uk, and the software and online data and documentation within the site (together the "Service") you are forming a contract and agreeing to the terms that appear below and agreeing that you will comply with them. References to “you” and “your” or the "School", in this Licence, are to you individually, or the school or other educational institution or establishment named when you register to use the Service. If you have subscribed to the Service on behalf of a school or other educational institution or establishment you warrant and represent that you are authorised to do so. If you have any questions please email us at education@kinewell.co.uk.

Licence Terms

1. Information about us and you

1.1. The Service is provided by Kinewell Energy Ltd a company incorporated in the United Kingdom under company number 08710938 with its registered office at Wizu Workspace Portland House, New Bridge St W, Newcastle Upon Tyne, Tyne And Wear, United Kingdom, NE1 8AL (the "Licensor", "Company" or "we", "us" or "our").

1.2. You confirm and acknowledge that you have provided us with accurate and complete registration information as requested when you log in to the Service, including but not limited to your email address and contact details. If you have any problems in this regard you can contact us at education@kinewell.co.uk.

2. Grant and scope of licence, changes and updates

2.1. In consideration of you agreeing to abide by the terms of this Licence, the Licensor hereby grants to you a non-exclusive, non-transferable licence to use the Service on the terms of this Licence.

2.2. We license use of the Service to you on the basis of this Licence. We do not sell the Service or any part to you. We remain the owners of the Service at all times.

2.3. The Service is made available free of charge. We do not guarantee that the Service, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Service at any time without notice, to improve the Service or for business and operational reasons.

2.4. We may amend these terms from time to time. Every time you wish to access or use the Service, please check these terms to ensure you understand the terms that apply at that time.

3. Access credentials and Users

3.1. On registration, you will be allocated user names and passwords and/ or other access credentials for the Session ("Session ID"). You may choose to share certain codes within your Session ID with students, teachers and other employees and personnel of the School, and any other individuals you may choose (together "Users"), in order to create a joint session for them to enter into as a class (a "Session"), as described in the instructions provided in the Service.

3.2. You are responsible for all use of the Service by any Users, and anyone else using the Session ID or accessing a Session, and for preventing unauthorised use of your Session ID, or the Session ID of any Users. You must ensure that each User uses the Service in accordance with the terms of this Licence, and you warrant that each User shall comply with the terms of this Licence. You shall be responsible for any breach of the terms of this Licence by any User.

3.3. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your personal details, Session ID or password, or that of any Users or any teacher, employee or student at the School, you must notify us immediately by emailing education@kinewell.co.uk. If we reasonably believe that any Session ID is being used in any way which is not permitted by this Licence, we reserve the right to suspend access rights immediately on giving notice to you and to block access from your Session ID, and close any active Sessions, until the issue has been resolved.

4. Rights in the Service and restrictions on use

4.1. You acknowledge that, with the exception of any data you upload to the Service or store on the Service relating to you or your teachers, employees and students, all intellectual property rights in the Service (including any of the content, data and documentation contained within but excluding any content you upload), throughout the world belong to us or our licensors, that rights in the Service are licensed (not sold) to you. Except for the right specifically granted under clause 2.1 above, you shall not acquire any rights, title or interest in the Service.

4.2. You may not (without obtaining our prior written permission):

4.2.1. except as expressly set out in this Licence, redistribute any part of the Service or make it available for use;

4.2.2. remove any copyright or trade mark notices appearing on any part of the Service or any content made available to you via the Service;

4.2.3. except as expressly set out in this Licence, reverse engineer, modify, reproduce or in any way licence or commercially exploit any part of the Service.

4.3. You shall not:

4.3.1. conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Service. This includes using (or permitting, authorising or attempting the use of):

4.3.1.1. any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Service or any data, content, information or services accessed via the same;

4.3.1.2. any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations;

4.3.2. use, and we do not consent to the use of, the Service, or any data published by, or contained in, or accessible via, the Service for the purposes of developing, training, fine-tuning or validating any AI system or model.

4.4. Clause 4.3 will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

4.5. You must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with the Service or any part of it. You must not attempt to gain unauthorised access to the Service, the server on which the Service is stored or any server, computer or database connected to the Service or any other equipment or network connected with the Service. You must not interfere with, damage or disrupt any software used in the provision of the Service or any equipment or network or software owned or used by any third party on which the Service relies in any way. You must not attack the Service via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Service will cease immediately.

4.6. Where you are able to you upload or post content to the Service, you grant to us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, distribute and make it available to others, and perform that user-generated content in connection with the Service. We will consider any content you upload to the Service to be non-confidential and not protected by any trade mark, patent or copyright ("non-proprietary"), that is, in the public domain.

4.7. You agree to comply with (and procure that your Users comply with) all applicable laws and regulations when using the Service. You are responsible for all content uploaded, stored, created, accessed or transmitted by you (or by Users) and/or transmitted to other Users. You must ensure that all content uploaded, stored, created, accessed or transmitted, by you (or by Users) and/or transmitted to other Users, is lawful and that it is not harmful or offensive to others or otherwise objectionable. In particular you must not upload, store, create, access or transmit any content, that:

4.7.1. is fraudulent, dishonest or misleading;

4.7.2. is unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable or breaches any applicable laws;

4.7.3. encourages conduct that constitutes a criminal offence, gives rise to civil liability or otherwise breaches any applicable laws, regulations or code of practice;

4.7.4. infringes the copyright or other rights of any third party; or

4.7.5. is technically harmful (including, without limitation, computer viruses or other malicious software or harmful data).

4.8. You warrant that any content you are able to upload or share on the Service shall comply with clause 4.7, and you are liable to us and indemnify us for any breach of this warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

4.9. We have the right to remove any posting you make on the Service if, in our opinion, your post does not comply with the obligations in clause 4.7.

4.10. If you wish to contact us in relation to content you have uploaded to the Service and that we have taken down, please contact education@kinewell.co.uk.

4.11. The KINEWELL ENERGY and EDUKLOC brands and associated logos are the property of the Company or its licensors.

5. Warranties

5.1. The Service is provided free of charge and on a "AS IS" basis without any warranties, representations or guarantees of any kind, whether express or implied, all of which are excluded to the fullest extent permitted by law.

5.2. Because of the nature of Service and the Internet, errors and omissions do occur and we do not give any warranties in respect of the Service. In particular, we make no warranty that the Service will be continuously available or error free or that the Service will be free from infection by viruses or anything else that has contaminating or destructive properties. The content of the Service is provided for educational and information purposes only and it is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of the Service. Save as expressly provided in this Licence, all implied warranties are excluded from this Licence to the extent that they may be excluded as a matter of law.

5.3. Where the Service contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

5.4. The Service may include usernames and other content uploaded by other users. This content has not been verified or approved by us. The views expressed by other users of the Service do not represent our views or values.

5.5. You are responsible for configuring your information technology, computer programs and platform to access the Service. You should use your own virus protection software.

6. Our responsibility for loss or damage suffered by you

6.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Licence or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this Licence was made, both we and you knew it might happen.

6.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

6.3. When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

6.4. We are not liable for business losses. The Service is for domestic and private use. If you use the Service for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

6.5. You acknowledge that the Service has not been developed to meet your individual requirements or the School's requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Service meet your requirements and/or the School's requirements.

7. Termination

7.1. We may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.

7.2. Upon termination for any reason:

7.2.1. all rights granted to you under this Licence shall cease;

7.2.2. you must cease all activities authorised by this Licence; and

7.2.3. you must immediately delete or remove the Service from all computer equipment in your possession and immediately destroy or return to us (at our option) all copies of the Service then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.