E-EVOLVE REPOSITORY
TERMS AND CONDITIONS
INTRODUCTION
As part of the HEFCE funded E-Evolve Project, the University of Central Lancashire (UCLan) and its four collaborating partners (together referred to as the E-Evolve Consortium) operate this online materials repository.
By signing up to this repository your use of this site is subject to these terms of use. No other contract is made or can arise from your use of this site, nor is anything on our site an offer or the acceptance of an offer.
The E-Evolve Repository is a free online service for UK Higher Education Institutions.
1 PRIVACY STATEMENT
The E-Evolve Project respects your privacy and where possible will ensure that the personal information you provide to us will be protected from loss, misuse, unoriginal authorised access, alteration and deletion. When we ask you to register we ask you to provide your contact information and this personal information is stored in a secure database that we will only use for the purposes of the E-Evolve Project.
By agreeing to these terms and conditions you therefore agree for us to store this personal information in an electronic format to be used only for the purposes of the E-Evolve Project. We will not share your personal information with any other organisation or entity.
2 DEFINITIONS
In these terms and conditions unless the context otherwise requires:
(A) 'E Learning Materials' means any materials created within the Institution or created on behalf of the Institution that are primarily intended (whether by the Institution or by some third party) to be used in digital form by students at any level, for the purposes of any course of study those students are following.
(B) 'IPR' means patents, trademarks, trade names, design rights, copyright, confidential information, rights in know-how and other intellectual property rights, in each case whether registered or unregistered and including applications for the grant of any of the foregoing and all rights or forms of protection having equivalent or similar effect to any of the foregoing which shall subsist anywhere in the world.
(C) 'Commercial exploitation' means exploitation for financial reward, or an equivalent consideration.
(D) 'User' includes academic staff, research associates, technicians, or any other member of educational staff that are employed under a contract of employment (whether fixed term or permanent) within a UK Higher Education Institution.
(E) 'Original author' means the individual or entity who created the e-learning materials.
(F) 'Developer' includes academic staff, research associates, technicians, freelancers and any other person appointed to develop materials on behalf of the Original author.
(G) 'UK Higher Education Institution' means university institutions and university initiatives in the United Kingdom which are directly funded by the United Kingdom higher education funding councils.
(H) 'E-Evolve Consortium' includes the University of Central Lancashire (UCLan), University of Wolverhampton, University of Derby, University of Hertfordshire and London Metropolitan University (together referred to as the E-Evolve Consortium). The HEFCE funded duration of the project runs from 1st November 2004 until 31 October 2007.
(I) 'E-Evolve Repository' means the free online service provided by the E-Evolve Project for UK Higher Education Institutions.
3 TITLE TO RIGHTS
3.1 If material from other copyright works is included in the e learning materials the original author shall identify such material to the E-Evolve Consortium and shall obtain all necessary written permissions from the owners or from any rights organisation authorised by the owner to grant such permissions in respect of such material. Alternatively the member of original author shall, if the E-Evolve Consortium so agrees, provide the E-Evolve Consortium with sufficient information to enable the E-Evolve Consortium to obtain such permissions, but the E-Evolve Consortium shall not thereby be obliged to secure such permissions and may require that the original author omit any such material from the e learning materials.
3.2 The E-Evolve Consortium hereby agrees and acknowledges that all performers' rights in any video or other recording of the member of staff's own lectures or presentations or similar works are owned by the original author. The original author grants to the E-Evolve Consortium and its original authorised users an irrevocable royalty-free non-exclusive licence to use such material for administrative, educational, teaching and research purposes.
4 EXPLOITATION
The E-Evolve Consortium is free to exploit for educational, teaching and research purposes, such use of the E-Evolve Repository and e learning materials as it sees fit, including licensing or assigning the IPR in the e learning materials to third parties.
5 CREDITS
5.1. The E-Evolve Consortium agrees to credit the original author for any significant contribution to the e learning materials. The E-Evolve Consortium shall comply with any request by the original author in writing that his/her name be removed from the e learning materials where such request is on grounds that the whole or parts of the e learning materials are out of date or changed in a manner that might damage his/her reputation.
5.2. The E-Evolve Consortium may update or in any other way amend the e learning materials to suit its requirements. The E-Evolve Consortium agrees to consult the original author over any significant amendments without any obligation to be bound by the same in deciding on the final form or content of such amendments.
6 PERMITTED USES
The E-Evolve Consortium grants the user a royalty-free non-exclusive licence to use the E-Evolve Repository and e learning materials for non-commercial educational, teaching, learning, private study and research purposes and then only to:
(A) Access the E-Evolve Repository to search, retrieve, electronically save, download and print whole, part or parts of e-learning material.
(B) Alter, add to, delete from, manipulate and modify part or parts of the e-learning material provided through the E-Evolve Repository in accordance with section 21 of the Copyright, Designs and Patents Act 1988.
(C) Replicate unchanged part or parts of the e-learning materials for re-use into other work provided that the original author is acknowledged.
(D) Recommend the e-learning materials to UK Higher Education Institutions.
(E) Use the e-learning materials as part of a course or module within UK Higher Education Institutions with other staff and students.
(G) Allow students to use part or parts of the e-learning materials.
(F) Incorporate part or parts of the e-learning materials into virtual or managed learning environments.
(G) Use part or parts of the e-learning materials for publicity display or perform purposes as part of a presentation at a seminar, conference, workshop or such similar activity.
Such licence may continue provided that the use of the e learning materials does not damage the exploitation of the materials by UK Higher Education Institutions or prejudice in any way the interests of the E-Evolve Project.
6 RESTRICTIONS OF USE
The user of the E-Evolve Repository and e-learning materials and students may not:
(A) Use the E-Evolve Repository and e-learning materials for any type of commercial exploitation or any other use other than educational purposes.
(B) Remove, obscure or modify copyright notices, disclaimer notices or any other form of identification from e-learning materials without prior permission from the original author.
(C) Contribute e-learning materials that are not suitable for educational purposes and which do not fulfil the requirements of the E-Evolve Consortium.
7 NOTICE AND TAKE DOWN
In the case of the E-Evolve Consortium being notified of any infringement to any of the e-learning materials we will take action to best remove the material from the E-Evolve Repository. You as a user must make efforts to remove this material from circulation and remove any materials that include it. The original author or developer of the infringed e-learning material will automatically be terminated from using the E-Evolve Repository and their user account will be deleted from the E-Evolve Repository database.
In the event of the E-Evolve Repository being unavailable upon notice of this we will take action to resolve any problems and to return the E-Evolve Repository to its correct state.
8 MISCELLANEOUS
8.1 We try to ensure that the content of the E-Evolve Repository is accurate and up to date, but this cannot be guaranteed. Changes may be made to e-learning materials and other matters which are not noted or recorded on the E-Evolve Repository.
8.2 There is always a risk attached to using or downloading from the Internet. Please ensure that anything you download from the E-Evolve Repository is virus checked by up to date virus software. It is the user's responsibility to ensure that the user's system is free from viruses or other potentially harmful items.
8.3 We do not exercise editorial control on the content of e-learning materials in the E-Evolve Repository other than e-learning materials produced during the HEFCE funded duration of the project.
8.4 We do not endorse, approve or give any warranty on any other site (or the content of such site) to which we offer links.
8.5 In no event shall the E-Evolve Consortium or its members be liable to users for damages of any nature, including, without limitation, any general, direct, indirect, incidental, consequential, or special damages, including lost profits, arising out of any use of the hosted content or e-learning materials.
8.6 The E-Evolve Consortium retains the right to amend these terms and conditions and will place notice of such amendments on the E-Evolve Repository and your continued use of the E-Evolve Repository following such notice of modification shall be deemed to be your acceptance of any such amendments. If you do not agree to any amendments of these terms and conditions you must stop using the E-Evolve Repository.
Last updated: 1 September 2006
Copyright 2006 E-Evolve Consortium