YEAR 10 INTERACTIVE MATHS - SECOND EDITION (ISBN 1 876931 59 0)
TUTOR LICENCE: 1

TUTOR LICENCE AGREEMENT FOR MATHSTEACHER.COM PTY LTD SOFTWARE


This mathsteacher.com Pty Ltd Tutor Licence Agreement ("TUTOR LICENCE") is a legal agreement between you (an individual) and mathsteacher.com Pty Ltd for use of the Interactive Maths software identified above, which includes computer software and electronic textbook material, and may include printed and "online" or electronic documentation, and worksheets, solution sheets, example sheets and tests ("SOFTWARE"). The SOFTWARE also includes any updates and supplements to the original SOFTWARE provided to you by mathsteacher.com Pty Ltd. You agree to be bound by the terms of this TUTOR LICENCE before paying the required Licence Fee.


SOFTWARE LICENCE

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.

1. LICENCE TO USE SOFTWARE

1.1 Grant of TUTOR LICENCE

Under this TUTOR LICENCE, mathsteacher.com Pty Ltd grants you a non-exclusive and non-transferable licence to install the SOFTWARE for use on a single portable or desktop computer for the purpose of tutoring students. This TUTOR LICENCE does not include the right to sub-license or distribute the SOFTWARE to any other individual or entity. A separate licence needs to be granted by mathsteacher.com Pty Ltd in respect of any other individual or entity.

2. LICENCE TERM

The Licence Term commences from the date of delivery of the SOFTWARE and expires 3 years after the end of the delivery month (e.g. a licence delivered on 7 July 2005 expires on 31 July 2008).

3. DOCUMENTATION

This TUTOR LICENCE grants you a non-exclusive licence to make and use an unlimited number of copies of any worksheets, solution sheets, example sheets and tests, provided that such copies shall be used solely for your private tutoring business and are not to be republished or distributed (either in hard copy or electronic form) except to students of your tutoring business.

4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

4.1 Not for Resale

The SOFTWARE must not be resold, or otherwise transferred for value.

4.2 Rental

You must not rent, lease, or lend the SOFTWARE.

4.3 Limitations on Reverse Engineering, Decompilation, and Disassembly

You must not reverse engineer, decompile, disassemble or remove any protection used in the SOFTWARE.

4.4 File Transfer

You must not allow copying of the SOFTWARE including, but not limited to, copying through file sharing networks.

4.5 Backup

You may make one backup copy of the SOFTWARE installation file/s for the sole purpose of reinstallation should your computer suffer hardware or operating system failure in the future during the Licence Term.

4.6 Trade Name

Mathsteacher.com.au is a registered business name of mathsteacher.com Pty Ltd, Australian Business Number 53 056 217 611, registered in the State of Victoria, Australia.

4.7 Marks of Ownership

You must not remove or alter any mark of ownership, copyright, trademark or other property right which is embodied in the SOFTWARE including its documentation and the physical or digital material in which the SOFTWARE is stored when supplied to you.

4.8 Copyright

All title and intellectual property rights in and to the SOFTWARE, and any installation of the SOFTWARE are owned by mathsteacher.com Pty Ltd. All rights reserved.

4.9 Termination

Without prejudice to any other rights, mathsteacher.com Pty Ltd may terminate this TUTOR LICENCE if you fail to comply with the terms and conditions of this TUTOR LICENCE. In such event, you must uninstall the SOFTWARE and destroy the SOFTWARE.

5. EXPORT RESTRICTION

You must not export or otherwise transfer the SOFTWARE from your country of residence, including, without limitation, to a country or jurisdiction whose laws allow or mandate loss of the title and intellectual property rights of mathsteacher.com Pty Ltd.

6. GOVERNING LAW AND JURISDICTION

This TUTOR LICENCE is governed by the laws of the State of Victoria, Australia.


LIMITED EXPRESS WARRANTY

Mathsteacher.com Pty Ltd warrants that the SOFTWARE will perform substantially in accordance with the accompanying documentation for a period of 90 days from the date of delivery.  All defects should be reported to www.mathsteacher.com.

CUSTOMER REMEDIES

To the maximum extent permitted by applicable law, mathsteacher.com Pty Ltd's entire liability and your exclusive remedy, shall be, at mathsteacher.com Pty Ltd's discretion, either (a) refund of the Licence Fee, if any, or (b) repair or replacement of the SOFTWARE that does not meet this warranty and that is returned to mathsteacher.com Pty Ltd. This warranty is void if failure of the SOFTWARE has resulted from accident, abuse or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.

NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, mathsteacher.com Pty Ltd disclaims all other warranties and conditions, either express or implied, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the SOFTWARE. This warranty gives you specific legal rights. You may nevertheless have the benefit of certain rights or remedies pursuant to consumer protection acts and laws. This warranty does not preclude such rights.

LIABILITY LIMITATION. To the maximum extent permitted by the applicable law, in no event shall mathsteacher.com Pty Ltd be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for the loss of Profits, Interruption, loss of Information, or any other Pecuniary Loss) arising out of the use of or inability to use the SOFTWARE even if mathsteacher.com Pty Ltd has been advised of the possibility of such damages. In any case, mathsteacher.com Pty Ltd’s total liability under any provision of this TUTOR LICENCE shall be limited to the amount of the Licence Fee, if any.


Should you have any questions regarding this TUTOR LICENCE, please write to:

Mr Paul Rehill
Managing Director
mathsteacher.com Pty Ltd
PO Box 524
FERNTREE GULLY  VIC  3156
AUSTRALIA