COURSE LICENSE AGREEMENT

CONTENTS

Course License Agreement

• Notice

• Agreement

• Courses Home Page

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:

1. Adobe Acrobat PDF files of Microsoft PowerPoint Instructor Notes (the "PowerPoint Version").

2. 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:

1. 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. 

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. Except as expressly provided for in this license, you may not copy, modify or transfer the Course.

8. 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.

9. 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.

10. 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

1. 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.

2. 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

1. 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.

2. 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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