End User License Agreement
Updated October 22, 2022
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m y AIS is licensed to You (End-User) by Alexandria International Schools, located at Kambili C, Thomas Okonkwo Close, Independence Layout, Enugu, Nigeria ('Licensor'), for use only under the terms of this Licence Agreement.
By downloading the Licensed Application from Apple's software distribution platform ('App Store') and Google's software distribution platform ('Play Store'), and any update thereto (as permitted by this Licence Agreement), You indicate that You agree to be bound by all of the terms and conditions of this Licence Agreement, and that You accept this Licence Agreement. App Store and Play Store are referred to in this Licence Agreement as 'Services'.
The parties of this Licence Agreement acknowledge that the Services are not a Party to this Licence Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Alexandria International Schools, not the Services, is solely responsible for the Licensed Application and the content thereof.
This License Agreement does not establish usage rules for the Licensed Application that conflict with the latest
Apple Media Services Terms and Conditions and
Google Play Terms of Service ('Usage Rules'). Alexandria International Schools confirms that it had the opportunity to review the Usage Rules, and this License Agreement aligns with them without conflict.
When acquired or downloaded through the Services, My AIS is licensed for use exclusively under the conditions specified in this License Agreement. The Licensor retains all rights not explicitly granted to the end-user. My AIS is designed for use on devices operating with Apple's operating systems ('iOS' and 'Mac OS') or Google's operating system ('Android').
Table of Contents
- The Application
- Scope of License
- Technical Requirements
- Maintenance and Support
- Use of Data
- User Generated Contributions
- Contribution License
- Liability
- Warranty
- Product Claims
- Legal Compliance
- Contact Information
- Termination
- Third-party Terms of Agreement and Beneficiary
- Intellectual Property Rights
- Applicable Law
- Miscellaneous
1. The Application
My AIS ('Licensed Application') is specialized software designed to create a digital gradebook for teachers, enabling the input and calculation of grades, tracking student progress, and generating report cards. Customized for iOS and Android mobile devices ('Devices'), it serves the purpose of ________________.
Moreover, it facilitates ________________________________.
Please note that the Licensed Application is not configured to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc. If your interactions fall under these laws, usage of this Licensed Application is prohibited. Additionally, the application must not be employed in a manner that violates the Gramm-Leach-Bliley Act (GLBA).
2. Scope of License
We collect and process your personal information primarily to provide and administer our academic services, such as online application or admission forms. AIS uses this information solely for academic purposes, and to communicate with you regarding any relevant information, changes, or updates regarding our Services.
2.1 License Grant
- You are granted a non-transferable, non-exclusive, and non-sublicensable license to install and use the Licensed Application on any Devices owned or controlled by you (End-User), in accordance with the Usage Rules. The Licensed Application may also be accessed by other accounts associated with you through Family Sharing or volume purchasing.
2.2 Updates
- This license extends to any updates provided by the Licensor that replace, repair, and/or supplement the initial Licensed Application, unless a separate license accompanies such updates.
2.3 Restrictions on Sharing
- You may not share, make available to third parties (except as permitted by the Usage Rules and with Alexandria International Schools's prior written consent), sell, rent, lend, lease, or otherwise redistribute the Licensed Application.
2.4 Prohibited Actions
- Reverse engineering, translating, disassembling, integrating, decompiling, removing, modifying, combining, creating derivative works or updates, adapting, or attempting to derive the source code of the Licensed Application, or any part thereof, is strictly prohibited without Alexandria International Schools's prior written consent.
2.5 Copying and Alteration
- Copying or altering the Licensed Application or its portions is prohibited, except when expressly authorized by this license and the Usage Rules. You may create and store copies only on devices owned or controlled by you for backup purposes. Intellectual property notices must not be removed, and you acknowledge that unauthorized third parties may not gain access to these copies.
2.6 Violations and Consequences
- Any violations or attempts thereof may result in prosecution and damages.
2.7 Modification of Terms
- Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Third-Party Terms
- Nothing in this licence should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
3. Technical Requirements
AIS relies on legal bases when processing your personal information. We collect, use, and share your information in connection with our academic services. We only process your personal information when we believe it is necessary and we have a valid legal reason (i.e. legal basis) to do so under applicable law, for example, to provide you with our academic services, like online application or admission forms.Under the General Data Protection Regulation (GDPR) and UK GDPR, we must explain the valid legal bases we rely on to process your personal information.
4. Maintenance and Support
4.1 Provision of Services
- The Licensor exclusively handles all maintenance and support services for this Licensed Application. Contact the Licensor through the email address provided in the App Store or Play Store Overview for this Licensed Application.
4.2 No Obligation from Services
- Both Alexandria International Schools and the End-User acknowledge that the Services bear no responsibility to furnish any maintenance and support services for the Licensed Application.
5. Use of DataYou acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy:
https://www.alexandriainternationalschools.com/privacy.
You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you. 6. User-Generated Contributions
The Licensed Application does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, 'Contributions'). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Licensed Application Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this Licence Agreement.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this Licence Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
7. Contribution License You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions of other feedback regarding the Licensed Application, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
8. Liability
8.1 Limitation of Liability
- Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
8.2 No Accountability for Breach
- Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Licence Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.
9. Warranty
9.1 Assurance of Quality
- The Licensor warrants that the Licensed Application is free from spyware, trojan horses, viruses, or any other malware upon download. Furthermore, the Licensed Application functions as described in the user documentation.
9.2 Limitations to Warranty
- No warranty is provided for the Licensed Application if it is inexecutable on the device, unauthorizedly modified, handled inappropriately, combined or installed with inappropriate hardware or software, or used with inappropriate accessories. These limitations apply irrespective of user or third-party actions.
9.3 Inspection and Notification
- Upon installation, you must promptly inspect the Licensed Application and report any issues to Alexandria International Schools via the provided email in the Contact Information. Defect reports are considered if emailed within thirty (30) days of discovery.
9.4 Remedies for Defects
- If a defect is confirmed, Alexandria International Schools may remedy the situation through defect resolution or substitute delivery at their discretion.
9.5 Refund Policy
- In case of a failure to conform to any applicable warranty, notifying the Services Store Operator can lead to a refund of the Licensed Application purchase price. The Services Store Operator bears no additional warranty obligations beyond this, subject to applicable law.
9.6 Statutory Periods
- For entrepreneurs, any claims based on faults expire twelve (12) months after the Licensed Application is made available. Consumers are subject to statutory periods of limitation as provided by law.
10. Product ClaimsAlexandria International Schools and the End-User acknowledge that Alexandria International Schools, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:
- product liability claims;
- any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
11. Legal ComplianceYou represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a 'terrorist supporting' country; and that You are not listed on any US Government list of prohibited or restricted parties.
12. Contact Us About This NoticeIf you have questions or comments about this notice, please contact us by email at
legal@alexandriainternationalschools.com or by post at the address provided below:
Alexandria International Schools,
Thomas Okonkwo Close, Kambili C,
Independence Layout,
Enugu, Enugu State
Post Code: 400105,
Nigeria.
13.TerminationThe licence is valid until terminated by Alexandria International Schools or by You. Your rights under this licence will terminate automatically and without notice from Alexandria International Schools if You fail to adhere to any term(s) of this licence. Upon Licence termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
14. Third-Party Terms of Agreement and BeneficiaryAlexandria International Schools represents and warrants that Alexandria International Schools will comply with applicable third-party terms of agreement when using Licensed Application.
In Accordance with Section 9 of the 'Instructions for Minimum Terms of Developer's End-User Licence Agreement', both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User Licence Agreement and — upon Your acceptance of the terms and conditions of this Licence Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User Licence Agreement against You as a third-party beneficiary thereof.
15. Intellectual Property RightsAlexandria International Schools and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, Alexandria International Schools, and not the Services, will be solely responsible for the investigation, defence, settlement, and discharge or any such intellectual property infringement claims.
16. Applicable LawThis Licence Agreement is governed by the laws of Nigeria excluding its conflicts of law rules.
17. Miscellaneous
17.1 Remedies for Defects
- If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2 Written Agreements
- Collateral agreements, changes, and amendments are only valid if documented in writing. The preceding clause can only be waived in writing.
