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SA-SAMS Terms and Conditions
#1
Question 
I have mixed feelings about the current installer of SA-SAMS. The new installer looks great and certainly does what it is supposed to do pretty well, especially considering doing away with the first-time installer and separate installer for Spread Grid 6.0.57.  Where it turns a bit sour for me, is with a single-sided inclusion of the Terms and Conditions.  Now please don't get me wrong, I am all for Developers protecting their intellectual property, but I am not going into much deliberation for the moment and will do so later on, after I have had time to work through it entirely, properly.

That being said, I am much interested in the opinions of our forumites on the content of the Terms and Conditions.  I post the T&Cs released in the 19.2.0 installer below.  Feel free to comment on your perceptions.
Sarel
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sed ipse spiritus postulat pro nobis, gemitibus inenarrabilibus


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#2
Terms and Conditions (“Terms”)

1. INTRODUCTION
These are the Terms and Conditions for the SA School Administration and Management System (SA-SAMS) published by the DBE (DBE) whose registered address is 222 Struben Street, Pretoria Central, Pretoria, 0001.

2. DETAILED DESCRIPTION OF SERVICES
SA-SAMS is a robust, actively developed and maintained computer application, specifically designed to meet all School Administration, Management and Governance needs of South African Schools (Public, Specialised, Full-Service and Private). The solution has a strong EMIS focus to assist Schools, PEDs and DBE in record keeping, reporting and statistical analysis, by means of an innovative approach that allows end-users to shape the development of the solution itself. Data is collected on a National basis by means of LURITS (the Learner Unit Record Information and Tracking System), where it can be securely accessed for further analysis (Data Driven Districts) for effective decision-making on various levels.

3. ACCEPTANCE
Downloading, otherwise accessing, otherwise using the Software signifies that you have read the Terms and Conditions (“Terms”) and understand them and agree to be bound by these Terms. DBE reserve the right to update, amend and/or replace any or the whole of the Terms and these changes shall be effective immediately and replace any previous Terms.

You shall be deemed to have consented to these amendments as soon as you download, otherwise access, otherwise use the Software. You are responsible for reviewing these Terms from time to time so that you are aware of the amendments.

Any registration information that you provide to us must be accurate, current, relevant and complete. You must also update your information so that we may send notices and other information to you by email or through your account.

You must ensure that you keep your user IDs and passwords strictly confidential and secure and you do not share these details with any other person. You authorise DBE to verify your Identification and/or Physical Address against any third-party database.

4. CONTENT OF THE SOFTWARE
DBE reserve the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Software and any information or content on the Software. DBE reserve the right to change or amend the products and services to the Software from time to time, without notice.

5. WARRANTIES
DBE makes no warranties, representations, statements or guarantees as to the accuracy, appropriateness, correctness, completeness or reliability of the Software and the data and/or content on the Software. DBE does not warrant that the Software or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality.

DBE expressly disclaims all implied warranties and takes reasonable measures to ensure the integrity of the Software and its contents and no warranty, whether express or implied, is given that any files, downloads or applications available via this Software are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system.

The user agrees that DBE shall not be liable for any losses or damages that may arise from the user’s reliance on the Software, howsoever these may arise.

6. INTELLECTUAL PROPERTY
DBE owns all intellectual property rights in all materials, text, drawings, design, programs and data made available on the Service. Any unauthorised reproduction, distribution, derivative creation, sale, broadcast or other circulation or exploitation of the whole or any part of this material is an infringement of our rights.

DBE owns the DBE trademarks, names, logos and service marks displayed on the Service whether registered or unregistered. You may only use the DBE trademark with DBE's written permission. All DBE’s trademarks are protected by copyright laws. All rights not expressly granted are reserved and no right, title or interest in any material or information contained in this Software is granted to you.

Except with DBE’s express written permission, no material from this Software may be copied or retransmitted. The copyright in all material contained on, in, or available through the Software including, the selection and arrangement thereof, and all source code software compilations and other material, except that which is created and owned by you, is owned by or licensed to DBE.

7. LINKED THIRD PARTY WEBSITES APPLICATIONS AND THIRD PARTY CONTENT
DBE may provide links to third party websites and apps on the Software. These links are provided to the user for convenience purposes only and DBE does not endorse, nor does the inclusion of any link imply DBE's endorsement of, such websites and/or apps, their owners, licensees or administrators or such websites’ content or security practices and operations.

While DBE tries to provide links only to reputable websites, DBE cannot accept responsibility or liability for the information provided on other websites and/or applications. Linked websites, applications or pages are not under, nor subject to, the control of DBE.

8. USAGE RESTRICTIONS
You agree to not create a false identity or otherwise attempt to mislead any person as to your identity or the origin of any communication transmitted through the Software. Disseminate or transmit any message that does not pertain to the intended use of the Software or that contain anything that is obscene, defamatory, harassing, offensive or malicious.

Use the Software in any unlawful manner or in any manner which promotes and/or encourages illegal activity including (without limitation) copyright infringement. Attempt to gain unauthorized access to the Software or any networks, servers or computer systems connected to the Software.

Copy, reproduce, translate, modify, rent, lease, lend, license, sublicense, sell, distribute, transmit, share or create derivative works, adapt, encumber, decompile, reverse engineer or in any other way deal with any part of the Software for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms. Write and/or develop any derivative of the Software or any other software program based on the Software.

Modify or enhance the Software. If you effect any modifications or enhancements to the Software in breach of this clause, such modifications or enhancements shall be the property of DBE. Without DBE’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Software by persons other than you.

Remove any identification, trademark, copyright or other notices from the Software.

9. SECURITY
In order to ensure the security and reliable operation of the Service to all users of the Software, DBE hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.

You may not utilise the Software in any manner which may compromise the security of DBE’s networks or tamper with the Software in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Software, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Software.

You may not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology for any unlawful purpose, including the unlawful access to, acquisition of, control over, copying or monitoring of the Service.

10. RISK, LIMITATION OF LIABILITY AND INDEMNITY
Your use of this Software and the information contained on the Software is entirely at your own risk and you assume full responsibility and risk of loss resulting from the use thereof.

The transmission of information via the internet, including without limitation e-mail and other digital messages, is susceptible to monitoring and interception. You bear all risk of transmitting information in this manner. Under no circumstances shall DBE be liable for any loss, harm, or damage suffered by you as a result thereof. DBE shall not be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising related to the use of, or the inability to access or use the content of the Software or any functionality thereof, or the information contained on the Software, or of any linked software, even if DBE knows or should reasonably have known or is expressly advised thereof.

You hereby unconditionally and irrevocably indemnify DBE and agree to hold DBE free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by DBE or instituted against DBE as a direct or indirect result of:

· Your use of the Software;
· Software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of service provider;
· Your failure to comply with any of the terms or any other requirements which DBE may impose from time to time;
· The actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
· Any unavailability of, or interruption in, the Service which is beyond the control of DBE.

DBE makes no warranty or representation as to the availability, accuracy or completeness of the content of the Software. You expressly waive and renounce all your rights of whatever nature that you may have against DBE for any loss suffered by you, as a result of information supplied by DBE that is incorrect, incomplete or inaccurate.

11. CONFIDENTIALITY
By subscribing as a user, you agree that you shall hold in the strictest confidence and not disclose to any third party information acquired in connection with any aspect of the products and/or Service offered by DBE. You shall notify DBE should you discover any loss or unauthorised disclosure of the information.

Any information or material sent to DBE will be deemed not to be confidential, unless otherwise agreed in writing by the user and DBE.

12. WHOLE AGREEMENT
Nothing in this Agreement is intended to create a partnership, a joint venture or any relationship of agency, representation, or employment between us.

These terms and conditions constitutes the entire and only agreement between us and supersedes all previous negotiations, communications and other agreements, whether written or oral, unless they are incorporated by reference into this Agreement. No other terms, representations, warranties, statements or conditions will be binding on us other than those contained in this Agreement.

13. APPLICABLE LAW
You shall comply with all applicable laws, statutes, ordinances and regulations pertaining to your use of and access to this Software. These Terms are governed by and interpreted in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. If any provision of these Terms is held to be invalid or unenforceable by a court of the Republic of South Africa, the remaining provisions of these Terms will remain in effect.

14. COUNTRY OF DOMICILE
This software is governed by the laws of South Africa and DBE chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature. Business physical address: 222 Struben Street, Pretoria Central, Pretoria, 0001.

15. JURISDICTION
These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between DBE and the User with regard to the use of the Content and this software and Platform.

You consent to the exclusive jurisdiction of the courts of the Republic of South Africa over any dispute with DBE as to the Software, Services or these Terms.

16. VARIATION
DBE may, in its sole discretion, change this agreement or any part thereof at any time without notice.

17. DBE CONTACT DETAILS
Email: [email protected]
Call Centre: 0800 202 933
Switchboard: 012 357 3000
Physical address: 222 Struben Street, Pretoria Central, Pretoria, 0001
Sarel
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sed ipse spiritus postulat pro nobis, gemitibus inenarrabilibus


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