This mathsteacher.com Pty Ltd Home Licence Agreement
("HOME LICENCE") is a legal agreement between you (a parent)
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 ("EBOOK"). The EBOOK also includes any updates and supplements to the original
EBOOK provided to you by mathsteacher.com Pty Ltd. As a parent, you agree that
you and your children are
bound by the terms of this HOME LICENCE before paying the required Licence Fee.
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 HOME LICENCE
Under this HOME LICENCE, mathsteacher.com Pty Ltd grants
you a non-exclusive and non-transferable licence to install the EBOOK for use
on a single home computer by your children during the Licence Term. This HOME LICENCE does not include the right to
sub-license or distribute the EBOOK 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 EBOOK and expires on the
31 December of the following year (e.g. a licence delivered on 7 July 2005
expires on 31 December 2006).
You are entitled to renew the Licence Term for your children after paying
the future Licence Fee discounted by 75%.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
3.1 Not for Resale
The EBOOK must not be resold, or otherwise transferred for value.
3.2 Rental
You must not rent, lease, or lend the EBOOK.
3.3 Limitations on Reverse Engineering, Decompilation, and Disassembly
You must not reverse engineer, decompile, disassemble or remove any protection used in the EBOOK.
3.4 File Transfer
You must not allow copying of the EBOOK including, but not limited to,
copying through file sharing networks.
3.5 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.
3.6 Marks of Ownership
You 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 you.
3.7 Copyright
All title and intellectual property rights in and to the EBOOK, and any
installation of the EBOOK are owned by mathsteacher.com Pty Ltd. All rights reserved.
3.8 Termination
Throughout this HOME LICENCE, "you" is interpreted as including
any of your children. Without prejudice to any other rights, mathsteacher.com Pty Ltd
may terminate this HOME LICENCE if you fail to
comply with the terms and conditions of this HOME LICENCE. In such event, you
must uninstall the EBOOK and destroy the EBOOK.
4. EXPORT RESTRICTION
You must not export or otherwise transfer the EBOOK 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.
5. GOVERNING LAW AND JURISDICTION
This HOME 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 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 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 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
HOME LICENCE
shall be limited to the amount of the Licence Fee, if any.
Should you have any questions regarding this HOME LICENCE, please write
to:
Mr Paul Rehill
Managing Director
mathsteacher.com Pty Ltd
PO Box 524
Ferntree Gully VIC 3156
Australia