Educational License Agreement
ERP.net Corporation Ltd (“ERP”, “we” or “us”), together with its wholly owned subsidiaries (collectively "ERP.net") created the ERP.net Cloud Platform. This Educational License Agreement is between the Customer and the ERP.net that owns and operates the ERP.net Cloud Platform. It applies to the cloud software named above and any ERP.net services or software updates, except to the extent such services or updates are accompanied by new or additional terms.
This Educational License Agreement (‘ELA’) aims to give Customers the right to use the ERP.net Cloud Platform at a preferential price in accordance with our Educational Pricing List, or in some cases free of charge, strictly for the purposes of educational instruction and/or training of Users. The Customer shall not use the ERP.net Cloud Platform for any internal business purpose, or other than in accordance with the terms of this License Agreement.
- “Authorized User” means any employee, agent, contractor or representative of Customer or the Customer's Affiliates, as well as any student enrolled with the Customer or the Customer’s Affiliates, to whom the Customer grants access authorization to use the Cloud Service for the purpose of educational instruction and/or training.
- “Cloud Service” means any distinct, license-based, hosted, supported and operated on demand solution provided by ERP.net under an Order Form.
- “Customer” means in the case of an individual accepting this Agreement on their own behalf, such individual, or in the case of an individual accepting this Agreement on behalf of a company or other legal entity, the company or other legal entity for which such individual is accepting this Agreement, and Affiliates of that company or entity (for so long as they remain Affiliates) which have entered into Order Forms.
- “Order Form” means an ordering document or online order specifying the Services to be provided hereunder that is entered into between Customer and ERP.net or any of their Affiliates, including any supplements thereto. By submitting an Order Form hereunder, an Affiliate agrees to be bound by the terms of this Agreement as if it were an original party hereto.
- “Professional Services” means the general consulting, implementation and/or training services to be provided to Customer pursuant to the terms hereof.
- “Services” means the products and services that are ordered by Customer under an Order Form or online purchasing portal or provided to Customer free of charge (as applicable) or under a free trial and made available online by ERP.net. “Services” exclude Third-party Application.
- “Support Services” means the supplemental, technical support services to be provided to Customer for the Cloud Service pursuant to the terms hereof. Support Services are subject to additional fees.
- “User” means, in the case of an individual accepting these terms on their own behalf, such individual. In the case of an individual accepting this Agreement on behalf of a company or other legal entity, user is an individual who is authorized by Customer to use a Service, for whom Customer has purchased a license (or in the case of any Services provided by ERP.net without charge, for whom a Service has been provisioned), and to whom Customer (or, when applicable, ERP.net at Customer’s request) has supplied a user identification and password (for Services utilizing authentication). Users may only use the Services for the purpose of educational instruction and/or training.
3. Services subject to the ELA
Subject to the terms and conditions of this Agreement, Customer shall have the non-exclusive, worldwide, limited right to use the Cloud Service, Support Services and Professional Services ordered by Customer (collectively, the “Services”) during the applicable period set forth in Customer’s Order Form solely for the purpose of educational instruction and/or training of Authorized Users. Customer may only allow its Users to use the Services for this purpose, and Customer is responsible for their compliance with this Agreement and Customer’s applicable Order Form. The terms of this Agreement shall also apply to updates and upgrades subsequently provided by ERP.net to Customer for the Cloud Service.
4. Purpose of the Services
The Services licensed under an Educational License Agreement are intended to be used as a hands-on learning tool to gain experience with a real-life software environment. The Services are aimed at providing access to a live, pre-configured training system environment where Users can practice and build knowledge and skills needed to work with Enterprise Recourse Planning (ERP) software.
5. Order Form
The Services shall be ordered by Customer pursuant to Order Forms. Each Order Form shall include at a minimum a listing of the Cloud Service and any Support Services and/or Professional Services being ordered. The Services under this Agreement may be provided free of charge at the discretion of ERP.net, in which case the Order Form shall indicate that a discount of 100% has been applied. In such cases, the usage is limited to the resources that the ERP.net has decided to provide free of charge and according to the constraints it deems appropriate for the need of the Customer, stated in the Order Form.
6. Access to Cloud Services
Subject to the Agreement and for the duration of the Agreement, Customer may access and use the Services solely for the purpose of educational instruction and/or training of its Authorized Users, all in accordance with the Agreement, the applicable Order Form and the Documentation. The rights granted to the Customer in this section are non-exclusive, non-sublicensable and non-transferable.
The Customer warrants that the Services provided under this Agreement will be used only for educational purposes connected to the teaching and/or training of Authorized Users at the Customer’s institution. Should the Customer wish to utilize services provided by ERP.net Corporation Ltd for its own internal business uses, the Customer will enter into a separate agreement with ERP.net. Any internal business use of the license granted in this Agreement shall constitute a material breach of this Agreement and ERP.net would have the right to terminate the latter without notice.