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
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
2. LICENCE TERM
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).
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.
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.
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,
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.
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.
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
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,
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 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 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
shall be limited to the amount of the Licence Fee, if any.
Should you have any questions regarding this TUTOR LICENCE, please write
Mr Paul Rehill
mathsteacher.com Pty Ltd
PO Box 524
FERNTREE GULLY VIC 3156