Azook shall use its reasonable endeavours to provide the library of resources in accordance with Aim 1 of The National Curriculum and the guidelines and requirements of DCFS, and to support the outcomes of ‘Every Child Matters’,’ ‘Be Healthy’, ‘Stay Safe’,’ Enjoy and Achieve’ and’ Make a Positive Contribution’, but no warranties, assurances, undertakings, conditions, or representations are made or to be assumed in this respect, and all such warranties, conditions, undertakings and terms or representations, implied or expressed, are hereby excluded. All IPR belongs to Azook. “IPR” means all intellectual property rights in the Azook website and Sense of Place online library and Sense of Place resources, including without limitation all copyright, moral rights, registered and unregistered design rights, trademarks (whether registered or not), knowhow, copyright (including copyright in the materials themselves and presentation of the materials), promotional materials, patents and database rights together with the right to register protect and enforce anywhere in the world. “Knowhow” means the non patented practical information and expertise provided by Azook to the School. Azook hereby grants to the School a limited, non-transferable, revocable, non-exclusive licence to use and download, reproduce in whole or part, copy and/or re-use the IPR for the purposes of educating its pupils in accordance with Aim 1 of The National Curriculum, but nothing in this Agreement grants the School any rights to sell or market the IPR to any third party or to use the same for any other purpose. Permanent storage of the whole or part of the Azook website or the information contained therein, or reproduction or incorporation of any part of it in any commercial publication whether paper or electronic, is expressly prohibited. Where the IPR is copied for educative purposes, (a) the Azook web site and Sense of Place Scheme must be acknowledged as the source including the reference www.sense-of-place.org.uk (b) the material must not be amended in any way, and (c) this permission is revocable at any time by Azook. Application for other use of copyright material should be made to Azook. The School agrees that any material downloaded or otherwise accessed through the use of the Azook website is obtained entirely at the School’s own risk and that the School will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data, however caused. Azook does not accept any liability in connection with any third party website that can be accessed through the Azook website, and does not endorse or approve the contents of any such site. If at any time during this Agreement the School (whether alone or with any other third party) makes any improvement or creates a design right which relates either directly or indirectly to the IPR, or identifies an improvement or design in the IPR, or makes suggestions for enhancements of the same, Azook may use the suggestions or improvements for its own benefit, the benefit of the School and other learners. Any newly created IPR in the improvements or enhancements will belong to Azook. The School shall forthwith upon request sign such documentation and waive all Moral Rights (as defined in the Copyright, Designs and Patents Act 1988) as may be required by Azook to perfect the provisions of this clause. The School hereby acknowledges that nothing in this Agreement shall be taken to restrict Azook from providing any similar services to any other Schools or colleges. Except as otherwise expressly stated herein, nothing in this Agreement confers any rights on any person (other than the School) pursuant to the Contracts (Rights of Third Parties) Act 1999. Azook and the School irrevocably agree that this Agreement and all matters arising from it are governed by and construed in accordance with the laws of England and Wales whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement The School may not assign, transfer, sub-contract or otherwise part with this Agreement or any right or obligation under it without the prior written consent of Azook. The School and Azook may, by mutual consent in writing, extend, vary, reduce or redefine the Member Services but at all times the School and Azook must comply with the provisions of the Data Protection Act 1998 as amended .