Last updated: 11 May 2011 (version 1.6)

Access to the National Assessment Resource is subject to the provisions below (this “Agreement”). We reserve the right to change this Agreement from time to time. Any updated version of this Agreement will be posted on this website and will be effective from the date on which it is posted.
1. Understanding this Agreement

In this Agreement:

(a) “NAR” means the online resource which is known as the “National Assessment Resource” and managed on behalf of the Scottish Government to support assessment approaches for the Curriculum for Excellence;

(b) “Permitted Bodies” means:

– Learning and Teaching Scotland (and its successor body);
– Scottish Qualifications Authority (“SQA”);
– SQA Approved Centres;
– Local Authority Schools and Nurseries in Scotland;
– Independent schools in Scotland;
– Scotland’s Colleges;
– Partnership Nurseries with Local Authority support in Scotland; and
– such other parties as we may from time to time, with the prior written consent of SQA, designate in future versions of this Agreement

and “Permitted Body” shall be construed accordingly;

(c) “Scottish Public Authority” shall have the meaning given to it in Section 3(1) of the Freedom of Information (Scotland) Act 2002;

(d) “we”, “our” and “us” means Learning and Teaching Scotland, a company limited by guarantee, incorporated in Scotland (company number SC200241) and having its registered office at The Optima, 58 Robertson Street, Glasgow G2 8DU;

(e) “you” means the person who accesses NAR;

(f) references to statutory provisions include those statutory provisions as amended or re-enacted;

(g) references to the plural include the singular and vice versa;

(h) the word “including” shall be construed without limitation to the words following; and

(i) the headings shall not affect the interpretation of this Agreement.
2. Permitted users

You are not permitted to access NAR unless such access is made on behalf of a Permitted Body (you must ensure that the Permitted Body accepts the terms of this Agreement) using either a GLOW account or an SQA Connect account allocated to you. We reserve the right, at our sole discretion, to revoke or suspend your access to NAR at any time.
3. Using materials from NAR

Subject to the terms of this Agreement (including sections 4 and 5 below) we grant a non-exclusive, non-transferable licence to each Permitted Body to use, copy and modify materials made available to it via NAR on the condition that those materials (and any works created using those materials) are:

(a) used only for non-commercial educational purposes; and

(b) made available only to staff, students and pupils of Permitted Bodies.

Personal information made available to you via NAR must not be used to send unsolicited e-mails for the purposes of direct marketing or market research.
4. Alternative licence terms

Our staff and SQA’s staff may add materials to NAR on additional or alternative licence conditions. Accordingly, notwithstanding section 3 above, the materials made available via NAR must be used strictly in compliance with the licence conditions referred to in those materials (if any) and all such licence conditions must be included with all copies of those materials and any modified form of those materials.
5. Restricted areas controlled by us or by SQA

NAR contains restricted areas administered by SQA which contain materials uploaded by SQA which are intended to be accessed only by a limited group of users determined by SQA. NAR also contains restricted areas administered by us which contain materials we have uploaded which are intended to be accessed only by a limited group of users determined by us. You must not attempt to access those materials unless you have been allocated a password by SQA or by us, as appropriate, to access the relevant restricted area. Additional restrictions on your rights to use and/or disclose those materials may also apply: please see section 4 above.
6. Adding materials to NAR

You are encouraged to add to NAR any useful assessment resources which you have created (provided that the Permitted Body for which you act has authorised you to do so). However, you must not submit any material which:

(a) is inaccurate or is otherwise not suitable for use for educational purposes;

(b) is threatening, abusive, malicious, defamatory, obscene, indecent, pornographic, sexually explicit, profane, inflammatory, intended or likely to incite racial or religious hatred, or is otherwise objectionable or offensive in any way in terms of standards prevailing from time to time in Scotland;

(c) constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world;

(d) is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); or

(e) infringes any intellectual property rights or data protection rights of any third party (you must, for example, not upload any documents belonging to your employer without their authorisation).

We reserve the right, at our sole discretion, not to publish or otherwise to remove any materials you submit for inclusion in NAR.

You (and any body on whose behalf you access NAR) must indemnify us and SQA and keep us and SQA indemnified from and against any and all liabilities, losses, awards, damages, costs, demands, legal fees, professional costs and other expenses of any nature (together with any VAT payable thereon) howsoever incurred arising out of or in connection with any breach of the requirements for materials set out in this section 6.
7. Right to use your materials

By submitting material for inclusion in NAR:

(a) subject to sections 4 and 5 above, you grant to us the non-exclusive, perpetual, irrevocable, worldwide, royalty-free, transferable right to do the following (and to authorise other Scottish Public Authorities to do the following):

(i) publish that material (for use in accordance with section 7(a)(ii) below) on NAR and on any other closed educational networks which are approved in writing by both us and SQA;

(ii) authorise the staff, students and pupils of Permitted Bodies to use, copy and modify that material for any non-commercial educational purposes on a non-exclusive, royalty-free, irrevocable, perpetual basis; and

(iii) use that material to publicise any educational network on which that material is made available;

(b) subject to sections 4 and 5 above, you grant to SQA the non-exclusive, perpetual, irrevocable, worldwide, royalty-free, transferable right to:

(i) publish that material on the restricted areas of the SQA operated online facility known as ‘SQA Academy’ for use in accordance with section 7(b)(ii) below;

(ii) authorise the staff, students and pupils of Permitted Bodies to use, copy and modify that material for any non-commercial educational purposes on a non-exclusive, royalty-free, irrevocable, perpetual basis; and

(iii) use that material to publicise the aforementioned SQA Academy;

(c) you waive any moral rights to which you are now or may at any future time be entitled under the Copyright Designs and Patents Act 1988, Article 6bis of the Berne Convention for the Protection of Literary and Artistic Works, or any similar provisions of law in any jurisdiction (including the right to be identified as the author of the material and the right to object to derogatory treatment of that material) in so far as they relate to the material you submit and you warrant that all such moral rights to which other parties are entitled have also been waived; and

(d) you confirm that you are authorised by the Permitted Body for which you act to upload those materials on the terms set out in this Agreement.
8. Reporting abuse

If you have any concerns regarding NAR or material available via NAR you should, in the first instance, refer the matter to us by emailing helpdesk@NarScotland.org.uk. We will endeavour to deal with such complaints expeditiously and where necessary, refer the matter to the appropriate law enforcement agency, where the dispute is of a criminal or otherwise illegal nature. We may co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of section 6 above.
9. Disclaimer

We do not restrict our liability (if any) for personal injury or human deaths resulting from our negligence, fraud committed by us, nor any other matter which it would be illegal to limit or to attempt to restrict. We shall not otherwise be liable to you (or to any body on whose behalf you access NAR), whether directly or indirectly and whether as a result of negligence or otherwise, in respect of any losses or damage which you may incur as a result of your use of NAR or material obtained from it or as a result of access to NAR being disrupted in any way. We expressly disclaim all warranties, expressed or implied, as to the accuracy of any of the content provided via NAR, its security, its quality or as to the fitness of the material for educational purposes or your right to use the material obtained via NAR.
10. Accessibility

We support the Web Accessibility Initiative and want to make NAR as accessible as possible to all permitted users. Please let us know if you have any comments or suggestions about how we could make this service more accessible.
11. General legal matters

This Agreement is intended to contain the whole agreement between us and you (and the Permitted Body on whose behalf you access NAR) regarding NAR and is intended to supersede all prior agreements, arrangements and understandings. If we ignore any breach of this Agreement, it doesn’t mean that any further breach cannot be enforced. If any part of this Agreement turns out to be invalid or unenforceable then it will be replaced with a provision which, as far as possible, achieves the same purpose as the original, and the remainder of the agreement will still be binding.

We may, at our sole discretion, assign our rights and obligations (or any part thereof) under this Agreement to any Scottish Public Authority or to any other body which substantially performs any of the functions that we previously performed. SQA may also, at its sole discretion, assign its rights (or any part thereof) under this Agreement to any Scottish Public Authority or to any other body which substantially performs any of the functions that SQA previously performed. We will notify you of any such transfer by updating this Agreement and posting it on this website.

This Agreement shall be governed by and interpreted in accordance with Scots law. You are responsible for compliance with any applicable laws of the country from which you use or otherwise access NAR. Each of the parties to this Agreement agrees to submit to the exclusive jurisdiction of the Scottish Courts, except that any party may bring proceedings for an interdict, injunction or equivalent order in any jurisdiction.