Last Updated: 11 May 2020.
This End-User License Agreement (“EULA”) constitutes an agreement between Oxford Leadership Academy Limited, corporate registration number 04481220, a company incorporated under the laws of England and Wales, hereinafter referred to as “Oxford Leadership” and you as an end-user of the Digital Platform provided by Oxford Leadership (“User”).
Oxford Leadership has developed a step-by-step online programme called SML Online, including training and learning materials, videos and exercises, accessible through a web-based platform (“Digital Platform”). Oxford Leadership has entered into a license agreement with a legal entity (“Licensee”), granting Licensee’s employees (including User) the right to use the Digital Platform in accordance with such license agreement and this EULA.
This EULA governs the use of the Digital Platform and shall apply to all end-users using it.
“Content” means all content provided by Oxford Leadership or included in the Digital Platform, such as training and learning material, videos, slide decks, documentation, questionnaires, symbols, illustrations, webinars and any other trade secrets or intellectual property of Oxford Leadership.
“EULA” means this End-User License Agreement.
“Digital Platform” means the web-based platform SML Online through which User may access and complete Oxford Leadership’s step-by-step online programme called Self Managing Leadership.
“User” means the individual associated with Licensee using the Digital Platform in accordance with this EULA.
“Licensee” means the legal entity licensing the Digital Platform from Oxford Leadership under a separate license agreement.
- Acceptance of the EULA
- Prior to using the Digital Platform, User must have read, understood and accepted this EULA. Further, User undertakes to carefully read any and all future revisions of or amendments to this EULA and not to use the Digital Platform unless User has read, understood and accepted such revised or amended EULA.
- Access to the Digital Platform and User Account
- User will get access to the Digital Platform via a link provided by Licensee or Oxford Leadership, or by creating an account. User acknowledges that data provided by User is true and correct and that, when necessary, User will update such data so that it at all times remains true and correct. User is solely responsible for maintaining the confidentiality of login information, if any. Oxford Leadership shall have no responsibility for any unauthorized use of User’s account.
- Trial Period of the Digital Platform
- The User may be eligible to use the Digital Platform during a trial period, as determined by Oxford Leadership and/or Licensee. The trial period is intended for testing and evaluation of the Digital Platform. During the trial period, User may only use the Digital Platform for the purpose of testing and evaluating the Digital Platform. The Digital Platform will be provided in a pre-release version during the trial period, which means it may not work the way a final version of the Digital Platform will. Oxford Leadership may change the Digital Platform for the final version.
- During the trial period, User may provide feedback regarding the Digital Platform and its Content to Oxford Leadership. If User provides feedback, User grants to Oxford Leadership, without charge, the right to use, share and commercialize such feedback in any way and for any purpose.
- Use Rights
- Oxford Leadership grants User a non-exclusive, limited license to use the Digital Platform in accordance with this EULA. The license is only granted to User for as long as Licensee holds a valid license agreement with Oxford Leadership.
- Except as expressly granted in this EULA, User shall have no other rights to the Digital Platform. All rights not expressly granted are reserved and retained by Oxford Leadership.
- User may not use, copy alter, develop, or create additions to the Digital Platform, other than as expressly permitted under this EULA. This means that User under no circumstances may use or copy the Content in the Digital Platform other than as expressly permitted in this EULA. Further, User may not use reverse engineering, work around any technical limitations, or otherwise attempt to change or recreate any parts of the Digital Platform, including Content.
- User may not sublicense, rent, loan or otherwise permit any third party, directly or indirectly, to dispose or otherwise use the Digital Platform and/or Content.
- User agrees to use the Digital Platform at its own risk. User acknowledges that the results from using the Digital Platform is highly individual, depending i.a. on User’s previous experiences and personality traits. User is therefore solely responsible for the results and understands and accepts that Oxford Leadership can take no responsibility regarding such individual results.
- User Obligations
- User may use the Digital Platform only for such purposes that are permitted by applicable law or regulation and this EULA. User undertakes to comply with Oxford Leadership’s from time to time applicable guidelines and this EULA. User may not use the Digital Platform in a way that causes Oxford Leadership or a third party harm. If User becomes aware of the Digital Platform being used in violation of this EULA, User shall, if possible, immediately terminate such use and inform Oxford Leadership of the violation.
- User specifically agrees not to communicate or publish information that infringes or violates someone else’s right (copyright, trademark or other intellectual property right), that may violate the integrity of, intimidate or offend another person, that may challenge criminal actions or contain material not permitted by any applicable law or regulation (for example discrimination and racial agitation).
- Intellectual Property Rights
- All copyrights, trademarks and other intellectual property rights (registered and unregistered) in and to the Digital Platform and the Content are reserved by Oxford Leadership and/or third parties. Nothing in this EULA grants User a right or license to use any trademark, copyright or other intellectual property right owned or controlled by Oxford Leadership, unless explicitly granted herein.
- All Content shall be considered Confidential Information.
- User will not share Confidential Information with anyone else except as expressly permitted in this EULA. User further agrees not to use the Confidential Information for its own commercial purposes. User’s confidentiality obligations shall not be limited in time.
- In case User commits a breach of the confidentiality obligation, Oxford Leadership is entitled to compensation for damages even if intent or negligence cannot be proved.
- All Content and any other material provided by Oxford Leadership shall be returned to Oxford Leadership upon its request. Oxford Leadership may request a written acknowledgement from User that all copies have either been returned or destroyed.
- Limited Liability
- OXFORD LEADERSHIP’S AGGREGATE LIABILITY TOWARDS USER WITH RESPECT TO THE PLATFORM AND THE CONTENT SHALL BE LIMITED TO DIRECT DAMAGE OF PROPERTY NOT EXCEEDING AN AMOUNT OF SEK 100. OXFORD LEADERSHIP IS UNDER NO CIRCUMSTANCES WHATSOEVER LIABLE FOR ANY INDIRECT LOSSES OR INDIRECT DAMAGE, SUCH AS LOSS OF PROFIT, LOSS OF SAVINGS, AND LOSS OF DATA.
- THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. OXFORD LEADERSHIP DOES NOT WARRANT THAT THE USE OF THE PLATFORM WILL BE SECURE, UNINTERRUPTED, SAFE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET THE REQUIREMENTS OF USER.
- User and/or Licensee may provide personal data to Oxford Leadership as part of User using the Digital Platform. Oxford Leadership will process such personal data as data processor to Licensee, who is the data controller.
- Personal data provided to Oxford Leadership will be processed for the purpose of providing the Digital Platform to User, in accordance with Licensee’s instructions and the EU database directive (96/9/EC) or the General Data Protection Regulation (EU 2016/679), whichever is applicable. For more information regarding our processing of personal data on behalf of Licensee, please contact Oxford Leadership at [e-mail here].
- Termination, Notice and Inactivation of User Account
- This EULA will take effect upon User’s first use of the Digital Platform or when User registers its account, and is valid until further notice. Either party may terminate the account at any time, thus ending User’s right to use the Digital Platform, with 30 days written notice. This EULA will remain in full force and effect for as long as User is using the Digital Platform, however only for as long as Licensee holds a valid license agreement with Oxford Leadership.
- Oxford Leadership may immediately terminate User´s account, thus ending User’s access to the Digital Platform, if Oxford Leadership believes that User has violated any provisions of this EULA or other Oxford Leadership guidelines. Oxford Leadership is entitled to deny User access to the Digital Platform.
- Oxford Leadership may modify and amend this EULA. Such amendments shall enter into effect 30 days from the date which Oxford Leadership has provided notice of the changes to User. If User finds that the proposed modifications or amendments encompass a limitation of User’s rights in a way that User cannot accept, User is entitled to terminate its account with a 30 days written notice. User is required to stay updated in regards to the current EULA applicable at the time of User using the Digital Platform.
- Oxford Leadership may from time to time modify the Digital Platform and the Content without prior notice.
- User is not permitted to assign or otherwise transfer its rights and obligations under this EULA. Oxford Leadership has the right, without prior obtaining of approval, to assign this EULA to another company in the same company group as Oxford Leadership, or a third party in connection with a transfer of all or substantially all of Oxford Leadership’s assets.
- If any part, term or provision of this EULA is held to be illegal or unenforceable, the validity of the remainder of this EULA will not be affected. Any omission of Oxford Leadership to enforce any right under this EULA shall not be regarded as a waiver of such rights. IT IS EXPRESSLY UNDERSTOOD THAT ALL PROVISIONS REGARDING LIMITATIONS OF LIABILITY WILL REMAIN IN FULL FORCE AND EFFECT AND SHALL SURVIVE THE TERMINATION OF THIS EULA.
- This EULA constitutes the entire agreement between User and Oxford Leadership on all issues to which this EULA relates.
- Law and Venue
- This EULA and any dispute or claim arising out of or in connection with it shall be construed in accordance with and be governed by the laws of England and Wales, without regard to its conflict of law provisions.
- Any dispute regarding the Digital Platform shall be settled in the courts of England and Wales.