COURSE LICENSE AGREEMENT
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Course License Agreement
Important Notice
This course is delivered in an electronic format, as a password-protected
compressed file that is downloaded by you - based on instructions that we will send to you
in an electronic mail ("email") message which contains the License Agreement
below, and a password. The password is to be used by you to decompress the file, to
extract the courses and workshops within it.
Before decompressing and extracting the courses and workshops within the
downloaded file, please read the terms of the Agreement below, carefully. If you do not
agree with these terms, you should promptly destroy all copies of the downloaded file,
whether electronic, printed or otherwise and all courses and workshops extracted from that
file, and notify Information Engineering Services Pty Ltd in writing by post, electronic
mail or facsimile of its destruction. On receipt of this notification, your money will be
refunded. You will otherwise be taken to have accepted and agreed to all the terms of the
Agreement, and will therefore be bound by it.
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License Agreement
Parties:
The Licensor of the Agreement is Information Engineering Services Pty Ltd (ACN 005 224 920) ("IES") and the Licensee is the person,
firm, organization or company identified in the Course Registration Form used to order and
pay for the material identified in Clause 1 of this Agreement.
Clause 1: Purpose of Course
The publication titled:
_______________________________________________
(the
"Course") is intended for educational use, for installation or use on a machine
to be used to present the Course electronically or to print out the contents of the Course
for use away from the machine. The Course has been developed using the Microsoft
Corporation software program called "PowerPoint" and Adobe software
program called "Acrobat Publisher" and is delivered in two
versions, for use in conjunction with:
-
Adobe
Acrobat PDF files of Microsoft PowerPoint Instructor Notes (the "PowerPoint Version").
-
Any Browser for access to a Corporate Intranet (the "Intranet
Version").
Clause 2: Grant of License
Conditionally upon payment in full as to all fees due, IES grants to you a
license:
-
To install and use the PowerPoint Version of the Course on a machine or machines
for the total number of students as registered on the Course Registration Form -
PowerPoint Version.
-
To install and use the Intranet Version of the Course on a machine or machines
for any number of students from the same organization as registered on the Course
Registration Form - Intranet Version EXCEPT THAT you may not allow the Intranet Version of
the Course to be accessible from the Internet by people who are not from that same
registered organization.
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You acknowledge that you must not use the Course to train more than the specified
total number of students of the PowerPoint Version for which you have paid.
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To make archival back-up copies of the Course for the Intranet Version or for the
specified total number of students of the PowerPoint Version.
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To modify the Course and/or merge it into another course for use by the Intranet
Version or for no more than the specified total number of students of the PowerPoint
Version.
-
To transfer the Course to another party if that party agrees to accept the terms
and conditions of this Agreement and confirms in writing to IES that it is being bound to
the Agreement in the same manner as you have done. In that account, you must not retain
any copies of the Course, whether in printed, machine-readable, electronic, modified or
merged form.
-
Except as expressly provided for in this license, you may not copy, modify or
transfer the Course.
-
If more than one copy of the Course has been purchased, they are collectively
licensed for use up to the the specified total number of students of the PowerPoint
Version for which you have paid.
-
You may also store or install a copy of the PowerPoint Version of the Course on a
storage device, such as a network server, used to install or use the Course on other
machines over an internal network. However you must not use the network or separate single
machines to train more than the specified total number of students for which you have
paid.
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You acknowledge that copyright in the Course remains at all times in the
ownership of IES or any other company from which it derives its rights.
Clause 3: Term
This license is effective until terminated by either you or IES. Either party
may terminate it at any time by destroying the Course together with all copies,
modification or merged portions in any form or (as the case may be) notifying you of the
requirement that you do so. The Agreement will also terminate upon conditions set forth
elsewhere in this Agreement. You agree, upon such termination, to destroy the Course along
with all copies, modifications, and merged portions in any form and to notify IES of such
destruction.
Clause 4: Disclaimer of Warranties and Limitations of Remedies
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The Course has been developed using the Microsoft Corporation software program
called "PowerPoint" and the Adobe software program called "Acrobat
Publisher" and is sold and licensed "as is". All warranties,
either expressed or implied are disclaimed as to the Course and its quality, performance,
or fitness for a particular purpose. You, the consumer, bear the entire risk in satisfying
yourself as to the quality and performance of the Course. In no event will IES be liable
for direct, indirect, incidental or consequential damages resulting from any defect in the
Course. IES therefore carries no obligations to service or rectify the materials.
-
IES warrants the file containing the Course has been prepared using a compression
method based on the program called PKZIP. It can be decompressed or expanded using a
decompression method based on the program called PKUNZIP. IES warrants the compressed file
containing the Course to be free of manufacturing defects in material or workmanship for a
30-day period after purchase. During the 30-day period, IES will replace the compressed
file without charge, unless the file is damaged by accident or misuse. Electronic
replacement is carried out by you downloading the file, based on the instructions and
password forwarded to you by email or facsimile from IES. This is your sole remedy in the
event of a defect.
Clause 5: General
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You may not sub-license, assign, or transfer the license or the Course except as
expressly provided in this Agreement. Any attempt otherwise to sub-license, assign, or
transfer any of the rights, duties or obligations hereunder is void.
-
This Agreement will be governed by the laws of the State of
Western Australia in the
Commonwealth of Australia, and the Licensee submits to the jurisdiction of the Courts in
that State for all purposes relating to the enforcement of this Agreement.
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