SCHOOL DESKTOP PROGRAM LICENCE AGREEMENT FOR MATHSTEACHER.COM PTY LTD
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 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 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 SOFTWARE.
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 DESKTOPS LICENCE
Under this DESKTOPS LICENCE, mathsteacher.com Pty Ltd grants your School a
non-exclusive and non-transferable licence to install the SOFTWARE 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 SOFTWARE at your
School's premises. This DESKTOPS LICENCE does not include the right to
sub-license or distribute the SOFTWARE 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
Licence Term commences from the date of delivery of the SOFTWARE 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
Licence Term commences from the date of delivery of the SOFTWARE and has no
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 SOFTWARE must not be resold, or otherwise transferred for value.
Your School must not rent, lease, or lend the SOFTWARE.
4.3 Limitations on Reverse Engineering, Decompilation, and Disassembly
Your School must not reverse engineer, decompile, disassemble or remove any protection used in the
4.4 File Transfer
Your School must not allow copying of the SOFTWARE including, but not limited to,
copying through file sharing networks except for the sole purpose of installing
the SOFTWARE onto your School's desktop computers.
Your school may make one backup copy of the SOFTWARE installation file/s for
the sole purpose of reinstallation due to computer 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,
4.7 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 SOFTWARE including
its documentation and the physical or digital material in which the SOFTWARE is stored when
supplied to your School.
All title and intellectual property rights in and to the SOFTWARE, and all
installations of the SOFTWARE are owned by mathsteacher.com Pty Ltd. All rights reserved.
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 SOFTWARE and destroy the SOFTWARE.
4.10 Data Submission
Your school may be granted permission to use the SOFTWARE to submit results data to an Internet service provided by mathsteacher.com Pty Ltd. Your school acknowledges that by submitting the aforementioned results data, it does so at its own risk and releases mathsteacher.com Pty Ltd from all liability with respect to the data, including the risk that the data may be lost due to hardware or software failure or be intercepted or hacked by an unauthorised individual or group. By licensing the SOFTWARE, your school grants mathsteacher.com Pty Ltd permission to download any submitted results data so it may backup the results data, better understand the use of the SOFTWARE and improve the performance of the SOFTWARE. Your school acknowledges that mathsteacher.com Pty Ltd may delete any submitted results data at its discretion at any time in the future in order to release data storage space.
5. EXPORT RESTRICTION
Your School must not export or otherwise transfer the SOFTWARE 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,
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.
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 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
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
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
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
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
Mr Paul Rehill
mathsteacher.com Pty Ltd
PO Box 524
FERNTREE GULLY VIC 3156