By granting a School Licence or an Individual Licence, Lingua Training authorises online use of its products subject to the terms of the following Standard Licence agreement, unless otherwise stipulated in writing by Lingua Training and the party concerned:
Licence Agreement (the Agreement) – a binding contractual relationship of LT with the Licensed Schools and Licensed Individuals based on the terms stipulated below.
Material – the online based course or exercises for which the licence is ordered. The Material can be accessed by all licensed users via the provided Internet address and Access information;
LT – Lingua Training Svenska Handelsbolag; registered in Stockholm Sweden; org. nr 916892-7839, obtained F-Skattesedel;
Licensed Individual – a person who obtained an Individual Licence;
Licensed School (the School) - an educational establishment that purchased a School Licence from LT;
School Users – all the teachers and their students belonging to the same Licensed School
Third party – any person, organisation or company not licensed by LT to use the Material; anybody but the Licensed users.
Licence – the purchased right to use the Material limited in time by Licence period and by amount of authorised users.
Licence period – period of use for which a Licence is valid.
Trial period – valid for School licences only! The first 14 days of the Licence period, during which the School may cancel its order free of charge subject to the Licence purchased for ordinary price.
Individual Licence – allows unlimited use of the Material by the Licensed Individual solely.
School Licence – allows unlimited use of the Material by all School users.
Access information
– for School Licence: the School’s username and password necessary to access the
Material will be communicated to the teacher(s) in charge as soon as the order is processed by LT;
- for Individual Licence: the individually assigned username and password necessary to access the
Material will be communicated to the individual’s postal address as soon as the order is processed by LT.
A) SCHOOL LICENCE
A School licence grants all the School users the right to unlimited access, use and display of the Material from any Internet-connected computer 24 hours/day during the entire Licence period.
The Access information is communicated within two working days following the order of the Licence, to the teacher(s) who signed the order form.
All users from the same school shall share and protect from unauthorised use the same Access information, which LT may change whenever necessary with preceding notice to the School, for security reasons.
B) INDIVIDUAL LICENCE
An Individual Licence grants the Licensed Individual the right to personal unlimited access, use and display of the Material from any Internet-connected computer 24 hours/day during the entire Licence period subject to the present Agreement.
The Access information is communicated within two working days following the order, to the contact address provided by the Individual in the order form. LT reserves the right to require a prepaid Individual licence fee in order to activate the Licence for Individuals who order a licence at own (not School's) account.
LT grants the Licensed Schools ordering licences at ordinary prices a risk-free 14-day Trial period for evaluation of the Material. The Trial period starts on the date when the Access information was communicated to the School. During the Trial period, the school may cancel the Agreement on any date and be reimbursed all paid licence fees (if any).
In case of special offers no trial period is offered unless otherwise specified.
The Licensed Schools and Individuals may cancel the present Agreement and get the refund for the unused licence period at any time if LT has grossly and/or repeatedly breached its obligations under this Agreement.
The Licensed Schools may also cancel the Agreement under the Trial period as stipulated above, by clause 2.2.
By ordering a Licence, the Licensed Schools and Licensed Individuals undertake to pay the Licence Fee valid on the date of the order, within 14 days upon receipt of the Access information. The prices shown in the Order form do not include the VAT (moms). A Licence may be ordered for a school term (terminslicens) valid through January 31 / July 31; or a school year (årslicens) which includes two terms.
The Licensed School has the duty to ensure that the Licence is purchased for all the potential school users, and report a higher number of students as soon as it can be established (e.g. more classes studying French or Economy than planned, or than before). In case the School fails to comply with this duty, LT has the right to a higher fee from the moment the false information was discovered, as well as to administrative fine of 2000 kr payable within 15 days.
Additional fees: Licence Fees are payable in full no later than 14 days after the order was processed, unless otherwise agreed. No invoice fee applies. Would the School choose to pay otherwise, e.g. by installments, upon approval by LT, then minimum 2-week advance payment and 30 kr invoice fee apply. Thus, after the trial 14 days, the invoice for the first two months is to be paid; other invoices shall concern one month each, unless otherwise agreed.
If more students of the same school than those initially covered by the School licence would like to use the Material, the School has to order an additional licence and pay accordingly the difference in fees starting from the date of such application.
The Licensed School teachers have the duty to inform their students of the following terms of use, when introducing the Material and providing the Access information:
Licensed Individuals and all Licensed School users shall have the duty to protect the Access information from Third parties, and report any abuse and possible attempts thereof to LT without delay. LT, in order to protect the its proprietary rights and Licensed users’ interests, reserves the right to change the Access information with 24 hour advance notice if gross abuse by third parties is established.
Licensed Individuals and all Licensed School users may not copy, transmit, or redistribute the contents and/or software of the Material or its part in any other way than that expressly granted in the present Agreement; i.e. neither School nor Individual Licence grant the right to reproduce, copy etc. the Material contents in digital, paper or other form for direct or indirect use by third parties.
In case of established abuse of the School licence by Schools and/or their users, alternatively, of Individual licences by Licensed Individuals, LT has the right to withdraw the Licence in question and refund the remaining unused licence fees, charging however 1000 kr administrative fees for the School, 350 kr – for Individuals. At the School’s discretion, instead LT may offer a more expensive licence with individual password for each user, to prevent further abuse. The same, but without refund, applies to cases of gross or repeated abuse.
LT is entitled to timely payments of the licence fees according to the method chosen by the School and the Price list valid on the order date. In case of a delay, LT has the right to charge an established by Swedish banking system dröjsmålsränta med gällande diskonto + 8% på fakturabeloppet från förfallodagen.
LT may terminate the Agreement at any time, provided that a full refund of licence fees for the unused Licence period is be made to the School. In case of abuse, the remedies stipulated in §3.2 apply.
LT at all times remains the sole owner of the title and intellectual property rights in the Material, including but not limited to its technical platform and content.
Any rights not expressly granted in this Agreement are reserved by LT.
LT may at its discretion make improvements, substitutions, modifications or enhancements to any part of the Website with the Material, provided that such changes shall not materially affect its functionality and performance to the Licensed Schools’ and Individuals’ detriment.
LT undertakes to make all efforts for uninterrupted and error-free functioning of the Website with the Material, and guaranteed access by all the Users to the Material 24 hours a day, 7 days a week.
In case of technical or other disturbances to the normal functioning, LT shall attempt to solve the problems within the shortest possible time, in any case during the working day following the notice of malfunctioning, which can be left via e-mail to lingua@linguatraining.com at any time. This time limit cannot be guaranteed, however, where the problem is caused by third parties over whom LT has no control, such as Internet providers.
LT guarantees that all the exercises are and will further be prepared under supervision of teachers experienced in teaching relevant subjects to Swedish learners, and taking into consideration all the feedback coming from the Licensed Schools.
LT expressly disclaims all warranties of any kind with respect to the Material, including without limitation any warranty of merchantability, fitness for a particular purpose, or completeness.
The Material shall be used at the Licensed Schools’ and Individuals’ own risk; they shall solely be responsible for any damage or loss of data to their computer system if such occur.
LT may not guarantee any results that may be obtained from the use of the Material, or that the use will meet a specific school program requirements, be uninterrupted, timely, secure or error-free. LT shall not be held liable for any direct, indirect, incidental, special or consequential damages of any kind resulting from the use of or inability to use the Website with the Material, including but not limited to damages for loss of profits, use and data.
With all that stipulated, LT guarantees that it will make all possible efforts to assure the high quality and faultless functioning of the Website with the Material, and grants a fee-free month to all users concerned would the services of the Web site with the Material be interrupted for longer than 48 hours as a result of LT maintenance failure, upon a written complaint by the School or its User(s). This provision shall however not apply when the malfunctioning was caused by acts of a third party beyond LT’s control or due to force majeure.
This Agreement enters into force on the date the Licence in question was ordered and shall remain in effect until the last date of the Licence period.
LT reserves the rights to amend the present Agreement without notice to the other parties, as well as change the Licence Fees for new orders and renewal of licences at any time. Any changes to the Agreement shall have immediate effect as from the date they are incorporated, while raise of Licence Fees will only concern new orders and renewals and will not affect the fees paid or payable by registered Licensed Schools at the current licence period.