YEAR 9 INTERACTIVE MATHS - SECOND EDITION (ISBN 978 1 876931 65 0)
HOMEWORK LICENCE: 1
HOMEWORK LICENCE AGREEMENT FOR MATHSTEACHER.COM PTY LTD SOFTWARE
This mathsteacher.com Pty Ltd Homework Licence Agreement ("HOMEWORK 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 ("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 HOMEWORK LICENCE before paying the required Licence Fee. If you are paying the required Licence Fee on behalf of a student end-user, then throughout this HOMEWORK LICENCE, "you" is interpreted as including that student end-user. If such a student end-user subsequently does not agree to the terms of this HOMEWORK LICENCE, then that student end-user 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 HOMEWORK LICENCE
Under this HOMEWORK LICENCE, mathsteacher.com Pty Ltd grants you a non-exclusive and non-transferable licence to install the SOFTWARE for use on a single computer during the Licence Term. This HOMEWORK 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 entity.
2. LICENCE TERM
The Licence Term commences from the date of delivery of the SOFTWARE and expires after 12 months. mathsteacher.com Pty Ltd may increase the Licence Term at its discretion.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
3.1 Not for Resale
The SOFTWARE must not be resold, or otherwise transferred for value.
You must not rent, lease, or lend the SOFTWARE.
3.3 Limitations on Reverse Engineering, Decompilation, and Disassembly
You must not reverse engineer, decompile, disassemble or remove any protection used in the SOFTWARE.
3.4 File Transfer
If you are paying the required Licence Fee on behalf of a student end-user, you may provide a copy of the SOFTWARE to that student end-user. You must not otherwise 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.
3.6 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.
3.7 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.
Throughout this HOMEWORK LICENCE, "you" is interpreted as including any student end-user. Without prejudice to any other rights, mathsteacher.com Pty Ltd may terminate this HOMEWORK LICENCE if you fail to comply with the terms and conditions of this HOMEWORK LICENCE. In such event, you must uninstall the SOFTWARE and destroy the SOFTWARE.
3.10 Data Submission
You may use the SOFTWARE to submit results data to an Internet service provided by mathsteacher.com Pty Ltd and understand that if the SOFTWARE forms part of your school's course, then teachers at your school can access your results data. You acknowledge that by submitting the aforementioned results data, you do so at your own risk and release 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, you grant 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. You acknowledge 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.
4. EXPORT RESTRICTION
You must not export or otherwise transfer the SOFTWARE from your 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.
5. GOVERNING LAW AND JURISDICTION
This HOMEWORK LICENCE is governed by the laws of the State of Victoria, Australia.
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 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 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 HOMEWORK LICENCE shall be limited to the amount of the Licence Fee, if any.
Should you have any questions regarding this HOMEWORK LICENCE, please write to:
Mr Paul Rehill
mathsteacher.com Pty Ltd
PO Box 524
FERNTREE GULLY VIC 3156