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.

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.

The 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

The Licence Term commences from the date of delivery of the SOFTWARE and has no expiry date.

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.

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

Your School must not rent, lease, or lend the SOFTWARE.

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

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.

4.5 Backup

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, Australia.

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.

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.

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

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 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 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 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 to:

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