SCHOOL DESKTOP PROGRAM LICENCE AGREEMENT FOR MATHSTEACHER.COM PTY LTD ELECTRONIC TEXTBOOK
This mathsteacher.com Pty Ltd School Desktop Program Licence
Agreement ("DESKTOPS LICENCE") is a legal agreement between your School Campus ("your School")
and mathsteacher.com Pty Ltd for use of the Interactive Maths electronic textbook 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
("EBOOK"). The EBOOK also includes any updates and supplements to the original
EBOOK provided to your School by mathsteacher.com Pty Ltd. Your School
agrees to be bound by the terms of this DESKTOPS LICENCE before paying the
required Licence Fee. If any associated person of your School subsequently does
not agree to the terms of this DESKTOPS LICENCE, that associated person must not
install or use the EBOOK.
EBOOK LICENCE
The EBOOK is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties. The EBOOK is licensed, not sold.
1. LICENCE TO USE EBOOK
1.1 Grant of DESKTOPS LICENCE
Under this DESKTOPS LICENCE, mathsteacher.com Pty Ltd grants
your School a non-exclusive and
non-transferable licence to install the EBOOK on an unlimited number of
desktop computers owned by your School, and on storage devices such as a
network server and on portable computers used by teachers for the duration of
their employment only with your School. This DESKTOPS LICENCE allows any student and teacher of your School to use the EBOOK at your School's premises.
This DESKTOPS LICENCE does not include the right to sub-license or distribute the EBOOK to any student or associated School
Campus or any other individual or entity. A separate licence needs to be granted by
mathsteacher.com Pty Ltd in respect of the aforementioned parties.
2. LICENCE TERM
2.1 Annual Licence Plan
The
Licence Term commences from the date of delivery of the EBOOK and expires 12
months after the end of the delivery month (e.g. a licence delivered on 7 July
2005 expires on 31 July 2006).
2.2 Other Licence Plans
The
Licence Term commences from the date of delivery of the EBOOK and has no
expiry date.
3. DOCUMENTATION
This DESKTOPS LICENCE grants your School a non-exclusive licence to make and
use an unlimited number of copies of any documentation, worksheets, solution sheets, example sheets and tests, provided that such
copies shall be used only for educational purposes and are not to be republished
or distributed (either in hard copy or electronic form) beyond your School's
Campus except for the sole purpose of providing homework sheets to students of
your School's Campus.
4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
4.1 Not for Resale
The EBOOK must not be resold, or otherwise transferred for value.
4.2 Rental
Your School must not rent, lease, or lend the EBOOK.
4.3 Limitations on Reverse Engineering, Decompilation, and Disassembly
Your School must not reverse engineer, decompile, disassemble or remove any protection used in the EBOOK.
4.4 File Transfer
Your School must not allow copying of the EBOOK including, but not limited to,
copying through file sharing networks except for the sole purpose of installing
the EBOOK onto your School's desktop computers.
4.5 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.
4.6 Marks of Ownership
Your School must not remove or alter any mark of ownership, copyright,
trademark or other property right which is embodied in the EBOOK including
its documentation and the physical or digital material in which the EBOOK is stored when
supplied to your School.
4.7 Copyright
All title and intellectual property rights in and to the EBOOK, and all
installations of the EBOOK are owned by mathsteacher.com Pty Ltd. All rights reserved.
4.8 Termination
Throughout this DESKTOPS LICENCE, "your School" is interpreted as
including any associated person of your School. Without prejudice to any other
rights, mathsteacher.com Pty Ltd may terminate this DESKTOPS LICENCE if your School fails to comply with the terms and conditions of this
DESKTOPS LICENCE. In such event, your School must uninstall all installations of
the EBOOK and destroy the EBOOK.
5. EXPORT RESTRICTION
Your School must not export or otherwise transfer the EBOOK from the School's
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 DESKTOPS LICENCE is governed by the laws of the State of Victoria,
Australia.
LIMITED EXPRESS WARRANTY
Mathsteacher.com Pty Ltd warrants that the EBOOK 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.au.
CUSTOMER REMEDIES
To the maximum extent permitted by applicable law, mathsteacher.com Pty Ltd's entire liability and your School's 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 EBOOK that does
not meet this warranty and that is returned to mathsteacher.com Pty Ltd. This warranty is void if failure of the EBOOK has resulted from
accident, abuse or misapplication. Any replacement EBOOK 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 EBOOK. This warranty gives
your School specific legal rights. Your School 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 EBOOK 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
DESKTOPS LICENCE shall be limited to the amount of the Licence Fee, if any.
Should you have any questions regarding this DESKTOPS LICENCE, please write
to:
Mr Paul Rehill
Managing Director
mathsteacher.com Pty Ltd
PO Box 524
Ferntree Gully VIC 3156
Australia
