Evoke – Terms of Licence and Use
This Agreement details the licence we grant you and governs your use of Evoke. By using Evoke you are agreeing either yourself or on behalf of your establishment to the terms that appear below.
The headlines of our Terms and Conditions are below (please do take the time to read the detailed terms and conditions that follow these headlines “the fine print”, as you will be bound by them and we cannot cover all the important terms in these headlines):
- You can use Evoke with limited functionality for free, but for access to all of the features you will need to buy a full version. Paid versions have the academic year fixed in the print headers. A new version will need to be purchased the following year in order to update the print header.
- Your purchase is limited to your school (not extending to academy chains etc), can’t be transferred to anyone else.
- You are responsible for keeping the data you hold within Evoke secure in accordance with the Data Protection Act.
- We will do our best to make sure that all the information and guidance for Evoke is accurate, but this doesn’t amount to a warranty.
- If you wish to make a legal claim which relates to your use of Evoke, the most you will be able to recover is the amount you have paid for the software. We won’t be liable for any pure economic loss you suffer in any circumstances.
- Evoke runs using Microsoft Excel. You are responsible for the purchase and installation of Microsoft Excel. Compatibility with future versions of Microsoft Excel cannot be guaranteed in any way.
￼￼These are our legally binding Terms and Conditions applicable to all use of Evoke.
1 Provision of Service
1.1 The Licence to use Evoke is granted to you by Evokation Software. Contact firstname.lastname@example.org.
1.2 The free version of Evoke may be downloaded and used free of charge, but in order to use the full functionality of Evoke a full version must be purchased. Although a subscription fee is not charged, the paid versions of Evoke have the academic year fixed in the print headers. This means that a new version will need to be purchase annually in order to change the year in the print headers. By continuing to use Evoke you agree to abide by these terms and conditions regardless of whether or not Evoke has been purchased.
1.3 By purchasing Evoke, you are granted a limited non-exclusive, non-transferable licence to use Evoke.
1.4 You may only use Evoke at the school you have purchase it for. Schools or organisations that are part of chains, federations or similar collections or associations are treated for the purpose of this agreement as separate institutions. Each such organisation will require their own licence unless the contrary is explicitly agreed with us in writing.
1.5 The fee shall be payable before you are able to download a full version. Unless otherwise stated all prices quoted to you are exclusive of VAT or other sales tax and such tax must be paid by you where legally due.
1.6 Evoke runs using Microsoft Excel. You are responsible for the purchase and installation of Microsoft Excel. Compatibility with future versions of Microsoft Excel cannot be guaranteed in any way.
￼￼1.7 These terms and conditions (including any documents referred to within them) contain all the terms on which we provide Evoke to you. They supersede any prior promises, representations, undertakings or implications made.
1.8 Where you are a private consumer, nothing in these terms and conditions shall detract from your statutory rights.
1.9 We may include your name in our list of customers made available to the public and subject to your prior written consent may include in our marketing materials a case study concerning your use of Evoke.
2 Ownership of Copyright and Intellectual Property Rights
￼￼2.1 The name Evoke (including any images, designs, photographs, animations, video, audio, music and text incorporated into Evoke) are owned by Evokation Software and are protected by United Kingdom copyright laws and international treaty provisions.
2.2 You may not (without prior written permission from Evokation Software):
￼2.2.1 Attempt to circumvent the copy protection in Evoke.
2.2.3 reverse engineer, decompile, or disassemble Evoke.
￼2.3 If in our reasonable opinion Evoke is or may become the subject of an intellectual property claim, we shall be entitled to replace or modify Evoke so that it becomes non-infringing.
2.4 We shall have no liability for any intellectual property claim arising from any use of Evoke which is not in accordance with this agreement, including any modification of Evoke by you or a third party, or from the use of any version other than the most recent version of Evoke.
3 Warranties and Acknowledgements
3.1 You undertake to use Evoke in compliance with all applicable laws and in a manner that does not infringe any third party rights.
3.2 It is your responsibility to satisfy yourself that Evoke and your use of it complies with any legal or regulatory requirements or guidelines that apply to you and that Evoke is otherwise suitable for your purposes.
3.3 You acknowledge that Evoke has not been produced to meet your individual specifications and cannot be tested in advance in every possible operating combination and environment, and that it is not possible to produce software that is known to be error free in all circumstances.
3.4 Evokation Software makes no warranty that Evoke 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 and Indemnities
4.1 Evoke is provided on an “as is” and “as available” basis, and to the maximum extent compatible with the law, without warranties or representations of any kind as to merchantability, non-infringement or fitness for any particular purpose.
￼￼4.2 Evokation Software will use its reasonable endeavours to resolve any faults in Evoke. 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 for the relevant term of Evoke. Where you using the free version your only remedy will be to terminate your use of Evoke.
4.3 To the maximum extent permitted by applicable law, in no event shall Evokation Software be liable for any damages which arise out of the use or inability to use Evoke (including, without limitation, damages for the loss of business profits, business interruptions, loss of business information, or other pecuniary loss), even if Evokation Software has been advised of the possibility of such damages. In any event entire liability to you under this Agreement or with regard to Evoke shall be limited to the amount actually paid for Evoke in your most recent payment.
4.4 In no event will Evokation Software be liable for any economic losses, loss of goodwill or reputation, special indirect or consequential losses or damage to or loss of data.
4.5 Evokation Software shall have no liability of any kind of any loss or damage to the extent that they result from your breach of this agreement.
5 Personal Data
You are responsible for backing up any data that you hold in Evoke.
- Jurisdiction and miscellaneous
7.2 If any part of these terms are unlawful, void or unenforceable for any reason, such part shall to the extent required be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of these terms and shall not in any way affect any other circumstances or the validity or enforcement of these terms.
7.3 Save insofar as expressly provided in these terms, no third party may enforce any clause in these terms under the Contracts (Rights of Third Parties) Act 1999, but this does not affect any right or remedy of a third party which exists or is available apart from such Act.
This document was updated on 7th April 2015.