Cambridge Elevate: End User License Agreement (“EULA”)

The purpose of this EULA is to set out the terms upon which We grant You the right to use the Online Product, made available on the Platform.

By accessing or using our Platform, or any mobile version of it, you confirm that you have read, understood and accept this EULA and that you agree to comply with it. Please note that this EULA is supplemental to the Terms of Use of this Platform. If you do not agree to this EULA, please do not use or access (or continue to use or access) the Platform. You are responsible for bringing this EULA to the attention of anyone who may read material on this Platform as a result of your access to it.

1.DEFINITIONS

a) Account: means an Authorised User account on the Platform;

b) Activate: means registering an Online Product to your Account;

c) Access Code: means the code used to register and Activate the Online Product;

d) Administrator(s): individual(s) authorised by the Institution to administer Teachers and Online Product access on behalf of the Institution;

e) Administrator Access: means the access Administrators are permitted on the Platform as further set out in section 8;

f) Authorised Users: an Individual or a Student, Teacher or Administrator of an Institution who is authorised to access the Platform;

g) Cambridge, We, Us, Our: means Cambridge University Press, whose formal legal name is the Chancellor, Masters and Scholars of the University of Cambridge, and which is a department of the University;

h) Group: means a group created by a Teacher;

i) Individual: means an Individual who is not a Student, Teacher or Administrator of an Institution who is authorised to access the Platform;

j) Individual Access: means the access Individuals are permitted on the Platform as further set out in section 5;

k) Institution: is the school or educational institution at which Students, Teachers and Administrators have access to the Platform;

l) Licence: as set out in section 3 of this EULA;

m) Mobile Application(s): the Cambridge Elevate IOS and Android mobile applications;

n) Online Product: the online product which an Authorised User has been granted access to;

o) Platform: means the website accessed via https://elevate.cambridge.org/ and where applicable the associated Mobile Applications;

p) Student(s): means a student of the Institution;

q) Teacher(s): means a teacher of the Institution;

r) Student Access: means the access Students are permitted on the Platform as further set out in section 6;

s) Teacher Access: means the access Teachers are permitted on the Platform as further set out in section 7;

t) You / Your: means an Authorised User of the Platform.

1.2 Individuals, Administrators and Teachers are obliged to ensure that anyone under the age of 18 years old who is using this Platform under their supervision are made aware of the potential risks to them and of their obligation to comply with the EULA when using this Platform.


2.ACCESS TO THE PLATFORM

2.1 In the event that You are accessing the Online Product as an Administrator the terms of this section 2.1 will apply. Administrator Access to the Platform is granted as follows:

     a) The Institution will contact Us and an Administrator will be registered for access to This Platform.

     b) Access will be via username and password which will be sent via e-mail.

     c) Administrators are entirely liable for all activities conducted through an Account, and are responsible for ensuring Authorised Users are aware of the terms of this EULA and comply with this EULA.

2.2 The Administrator is entirely liable for all activities conducted through an Account, and is responsible for ensuring Authorised Users are aware of the terms of this EULA and comply with the EULA.

2.3 In the event that You are accessing the Online Product as a  Teacher the terms of this section 2.3 will apply. Teacher Access to the Online Product is granted in one of two ways:

     a) Access via username and password provided by an Administrator;

     b) Access by self-registration with an Access Code given by the Administrator.

2.4 In the event that You are accessing the Online Product as a Student the terms of this section 2.4 will apply. Access to the Online Product is granted in one of two ways:

    a) Access via username and password provided by an Administrator;

    b) Access by self-registration with an Access Code given by the Teacher.

2.5 In the event that You are accessing the Online Product as an Individual, the terms of this section 2.5 will apply. Individual Access to the Online Product is granted by self-registration with an Access Code provided to You by Us. You are entirely liable for all activities conducted through Your Account, and are responsible for ensuring that You comply with this EULA.

2.6 Whilst We will try Our best to make sure the Platform, and any content on it, will be available or be uninterrupted, We will not be liable to You if for any reason the Platform is unavailable at any time or for any period. Periods of planned downtime will be notified to all users in advance.

2.7 You are responsible for making all arrangements necessary for You to have access to the Platform.


3.LICENCE TO USE THE PLATFORM

3.1 You or Your Institution have been granted access to the Online Product and in return Cambridge agrees to grant You the non-exclusive and non-transferable right to use the Online Product by using the Platform for the purposes of:

     a) teaching, student assessment, Group management, and private study if you are a Teacher;

     b) private study if you are a Student;

     c) administering Teacher and Student Accounts, reporting, and subscription access control if you are an Administrator; or

     d) private study if you are an Individual.

3.2 For all Authorised Users this Licence shall commence on the date the Authorised User first Activates the Access Code to the Online Product and shall continue up to and including the stated end date.


4. YOUR ACCOUNT

4.1 You must keep Your username, password, Access Code or any other piece of information used as a part of Our security procedures as confidential. You must not disclose it to any third party.

4.2 We have the right to disable any username or password, whether chosen by You or allocated by Us, at any time, if in Our reasonable opinion You have failed to comply with any of the provisions of this EULA.

4.3 If You know or suspect that anyone other than You knows Your username and password, You should reset your password. Details on how to do this can be found on the Support Page at: http://elevate.cambridge.org/support/.


5. INDIVIDUAL RIGHTS

5.1 As an Individual, subject to the other sections within the EULA, you may:

     a) access, search and view the Online Product and Platform;

     b) download, copy or print components of the Online Product subject to the restrictions in the Intellectual Property Rights section of the Terms of Use

     c) join or create a Group, contingent on additional access rights conferred upon you by an institution Administrator or Teacher;

     d) interact with Teachers and use collaboration tools, for educational use only and provided that no trade mark, copyright or other proprietary notices contained in or appearing on such Online Product are removed in whole or in part.


6. STUDENT RIGHTS

6.1 As a Student, subject to the other sections within the EULA, you may:

     a) access, search and view the Online Product and Platform;

     b) view progress results;

     c) download, copy or print components of the Online Product subject to the restrictions in the Intellectual Property Rights section of the Terms of Use

     d) join a Group; and

     e) interact with Teachers and use collaboration tools, for educational use only and provided that no trade mark, copyright or other proprietary notices contained in or appearing on such Online Product are removed in whole or in part.


7. TEACHER RIGHTS

7.1 As a Teacher, subject to the other sections within this EULA, you may:

     a) access, search and view the Online Product;

     b) interact with students, use collaboration tools, and view progress results;

     c) create Groups in the Platform for groups of Authorised Users;

     d) download, copy or print the Online Product (subject to any restrictions detailed on the Platform that may be placed on the downloading and printing of the Online Product at page level); and/or the restrictions in the Intellectual Property Rights section of the Terms of Use and

     e) use the Online Product on an electronic or interactive whiteboard, for educational, non-commercial teaching purposes, personal use and/or internal circulation within the Institution only and provided that no trade mark, copyright or other proprietary notices contained in or appearing on such Online Product are removed in whole or in part.


8. ADMINISTRATOR RIGHTS

8.1 As an Administrator subject to the other sections within the EULA, you may:

     a) provide access to the Online Product in accordance with Section 2;

     b) manage Student and Teacher accounts and access rights;

     c) troubleshoot any issues relating to access by a Student or Teacher to the Online Product via the Platform; and

     d) view the platform as a Teacher in accordance with the usage rights set out in Section 7.


9.LIABILITY AND DISCLAIMER

In granting You access to the Online Product we give no warranty that Your use of the Online Product will not infringe any third party rights.


10.APPLICABLE LAW

These Terms, any contract that incorporates them, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their formation are governed by English law. We both agree that the courts of England will have exclusive jurisdiction, in the event of any dispute arising out of this EULA.


11.CONTACT US

In the event of any comments or questions concerning these Terms, please contact us by e-mail at directcs@cambridge.org or by writing to Cambridge University Press, University Printing House, Shaftesbury Road, Cambridge, CB2 8BS, UK.

Thank you for visiting our Platform.


Last Updated: May 2017