Terms and Conditons and Privacy Policy

The following terms and conditions and privacy policy govern the Transformations program, to find the terms and conditions and privacy policy for this current website please refer to the links in the footer of this page.

Summary

  • The software is intended to be used by schools or other educational institutes.
  • You may only use this software for non-commercial purposes
  • You may edit the software to your needs, but you can not then distribute this software.
  • No warranty, liability or support* is provided and you use the software at your own risk.

The above summary of the whole terms and conditions is in no way a replacement for reading the full terms to which you are bound.

* If you are a public school looking to deploy the software send me an email and I will try and provide complimentary support where possible.

Last Updated: January 2021

Transformations - Terms and Conditions

  1. Preamble: This Agreement, signed governs the relationship between you, an Educational Institute, (hereinafter: Licensee) and Jonathan Foot, a private person whose principal place of business is the United Kingdom (hereinafter: Licensor). This Agreement sets the terms, rights, restrictions, and obligations on using Transformations (hereinafter: The Software) created and owned by Licensor, as detailed herein

  2. License Grant: Licensor hereby grants Licensee a Personal, Non-assignable & non-transferable, Perpetual, Non-commercial, Including the rights to create but not distribute derivative works, Non-exclusive license, all with accordance with the terms set forth and other legal restrictions set forth in 3rd party software used while running Software.
  • a. Limited: Licensee may use Software for the purpose of:
  • i. Running Software on Licensee’s Website[s] and Server[s];
  • ii. Allowing 3rd Parties to run Software on Licensee’s Website[s] and Server[s];
  • iii. Publishing Software’s output to Licensee and 3rd Parties;
  • iv. Distribute verbatim copies of Software’s output (including compiled binaries);
  • v. Modify Software to suit Licensee’s needs and specifications.

  1. This license is granted perpetually, as long as you do not materially breach it.

  2. Non Assignable & Non-Transferable: Licensee may not assign or transfer his rights and duties under this license.

  3. Non-Commercial: Licensee may not use Software for commercial purposes. for the purpose of this license, commercial purposes means that a 3rd party has to pay in order to access Software or that the Website that runs Software is behind a paywall.

  4. Including the Right to Create Derivative Works: Licensee may create derivative works based on Software, including amending Software’s source code, modifying it, integrating it into a larger work or removing portions of Software, as long as no distribution of the derivative works is made

  5. With Attribution Requirements:

  6. Term & Termination: The Term of this license shall be until terminated. Licensor may terminate this Agreement, including Licensee’s license in the case where Licensee :
    a. became insolvent or otherwise entered into any liquidation process; or
    b. exported The Software to any jurisdiction where licensor may not enforce his rights under this agreements in; or
    c. Licensee was in breach of any of this license’s terms and conditions and such breach was not cured, immediately upon notification; or
    d. Licensee in breach of any of the terms of clause 2 to this license; or
    e. Licensee otherwise entered into any arrangement which caused Licensor to be unable to enforce his rights under this License.

  7. Upgrades, Updates and Fixes: Licensor may provide Licensee, from time to time, with Upgrades, Updates or Fixes, as detailed herein and according to his sole discretion. Licensee hereby warrants to keep The Software up-to-date and install all relevant updates and fixes, and may, at his sole discretion, purchase upgrades, according to the rates set by Licensor. Licensor shall provide any update or Fix free of charge; however, nothing in this Agreement shall require Licensor to provide Updates or Fixes.
    a. Upgrades: for the purpose of this license, an Upgrade shall be a material amendment in The Software, which contains new features and or major performance improvements and shall be marked as a new version number. For example, should Licensee purchase The Software under version 1.X.X, an upgrade shall commence under number 2.0.0.
    b. Updates: for the purpose of this license, an update shall be a minor amendment in The Software, which may contain new features or minor improvements and shall be marked as a new sub-version number. For example, should Licensee purchase The Software under version 1.1.X, an upgrade shall commence under number 1.2.0.
    c. Fix: for the purpose of this license, a fix shall be a minor amendment in The Software, intended to remove bugs or alter minor features which impair the The Software’s functionality. A fix shall be marked as a new sub-sub-version number. For example, should Licensee purchase Software under version 1.1.1, an upgrade shall commence under number 1.1.2.

  8. Support: Software is provided under an AS-IS basis and without any support, updates or maintenance. Nothing in this Agreement shall require Licensor to provide Licensee with support or fixes to any bug, failure, mis-performance or other defect in The Software.
    a. Bug Notification: Licensee may provide Licensor of details regarding any bug, defect or failure in The Software promptly and with no delay from such event; Licensee shall comply with Licensor’s request for information regarding bugs, defects or failures and furnish him with information, screenshots and try to reproduce such bugs, defects or failures.
    b. Feature Request: Licensee may request additional features in Software, provided, however, that (i) Licensee shall waive any claim or right in such feature should feature be developed by Licensor; (ii) Licensee shall be prohibited from developing the feature, or disclose such feature request, or feature, to any 3rd party directly competing with Licensor or any 3rd party which may be, following the development of such feature, in direct competition with Licensor; (iii) Licensee warrants that feature does not infringe any 3rd party patent, trademark, trade-secret or any other intellectual property right; and (iv) Licensee developed, envisioned or created the

  9. Liability: To the extent permitted under Law, The Software is provided under an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licensee as a result of Software’s actions, failure, bugs and/or any other interaction between The Software and Licensee’s end-equipment, computers, other software or any 3rd party, end-equipment, computer or services. Moreover, Licensor shall never be liable for any defect in source code written by Licensee when relying on The Software or using The Software’s source code feature solely by himself.

  10. Warranty:
    a. Intellectual Property: Licensor hereby warrants that The Software does not violate or infringe any 3rd party claims in regards to intellectual property, patents and/or trademarks and that to the best of its knowledge no legal action has been taken against it for any infringement or violation of any 3rd party intellectual property rights.
    b. No-Warranty: The Software is provided without any warranty; Licensor hereby disclaims any warranty that The Software shall be error free, without defects or code which may cause damage to Licensee’s computers or to Licensee, and that Software shall be functional. Licensee shall be solely liable to any damage, defect or loss incurred as a result of operating software and undertake the risks contained in running The Software on License’s Server[s] and Website[s].
    c. Prior Inspection: Licensee hereby states that he inspected The Software thoroughly and found it satisfactory and adequate to his needs, that it does not interfere with his regular operation and that it does meet the standards and scope of his computer systems and architecture. Licensee found that The Software interacts with his development, website and server environment and that it does not infringe any of End User License Agreement of any software Licensee may use in performing his services. Licensee hereby waives any claims regarding The Software’s incompatibility, performance, results and features, and warrants that he inspected the The Software.

  11. No Refunds: Licensee warrants that he inspected The Software according to clause 7© and that it is adequate to his needs. Accordingly, as The Software is intangible goods, Licensee shall not be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if The Software contains material flaws.

  12. Indemnification: Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards to Licensee’s use of The Software in means that violate, breach or otherwise circumvent this license, Licensor’s intellectual property rights or Licensor’s title in The Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee’s consent prior to any settlement in relation to such lawsuit or claim.

  13. Governing Law, Jurisdiction: Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license and to compensate Licensor for any legal fees, cost or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full.


Last Updated: March 2019

Transformations - Privacy Policy

This document governs the privacy policy for Transformations ©, herein after known as the "app" or the "program", by Jonathan Foot, herein after known as the "developer".

The app, does not transmit, distribute or receive any data of any kind from any sources outside of your own local area network. No personal data of any kind is collected and sent to the developer or any other third parties. The app has no access to the internet and can not communicate with any other application.

Programs Capabilities

Read and Write to hard Disk Drive

The app must be able to read and write to your hard disk or network drive, as it is required by the following features:

  • Saving your PDF exam report.
  • Saving your custom-made .shape files
  • Opening your custom-made .shape files
  • Reading from the local Access Database
  • Writing to the local Access Database

See the other applications installed on your device

The app reads your registry file to see what other software’s you have installed as the app requires you to have “Office® System Driver: Data Connectivity Components” installed for the app to function correctly. The app will therefore check that this dependency app is installed. This data is not stored or sent anywhere outside your computer.

See your current Windows User Login

When creating an account, either a student or teacher account the app will uses your current Windows login as a means of identification. As such your Windows user name will be read by the app and stored in your local database.

Associate .shape files with the app

.shape files are the custom file format used to store your own custom shapes. When you open a .shape file the app will automatically launch and read this custom file. As such a file association is made to do this.

Go in full screen

When you start an exam, the app will go into a full screen mode covering up the task bar and all other applications. This is to prevent you from cheating inside of the exam. You can easily exit full screen at any time by ending the exam.

Launch your web browser and navigate to a page

If you attempt to report a bug or suggest a new feature the program has the ability to launch your web browser and navigate to the GitHub® website.

What can the program not do?

  • The app does NOT have the ability to launch without explicit user consent.
  • The app does NOT run in the background after being closed.
  • The app does NOT collect any personal data of any kind, but telemtry is used, read below for more.

Telemetry Data

Like many programs we gather telemetry data to try and improve our program. We collect two main types of telemetry data, this includes device information & program usage and also crash logs & error rates. None of the data we collect is personal, so it can not be used to personally identify you. However, you can always choose to opt out of all or some of the telemetry if you wish via the program settings.

Device Information & Program Usage

The device information we collect includes, total number of program users each day, average time spent on the program, type of device used, operating system, country of origin, language and what version of the program people are using. As previously aforementioned all data is non-personal and anonymised.

Crash Logs & Error Rates

In addition we collect crash data, this includes how often people are crashing, what part of the program crashed and what the user was doing when it crashed. The only information sent is data directly related to the program, no other data is sent. We also collect error rates, recording every time an error message is displayed and why. This data can be very useful in fixing bugs and issues in the program which we may have not detected. Allowing us to build a more reliable and stable program for future updates.

Third Party Acknowledgments

If you would like to suggest a new feature or report a bug the developer uses Git hub®. As such you will need to agree to their privacy policy before you are able to do so, which can be located here: https://help.github.com/en/articles/github-privacy-statement

GDPR

As the program does not collect any personal data of any kind we are not bound by GDPR.

Contacting Us

You can contact the developer using email, any email communication between you and the developer will be confidential. Any personal information, including but not limited to your email address, name and/or the contents of the email will not be shared, sold or distributed to any other third parties.

This privacy policy may change at any time with each new app update, if you download the latest version of the app you have assumed to of accepted this privacy policy and the terms of conditions of use