Unless otherwise stated, all of our products are provided via the following non-exclusive licence agreement.
Non-exclusive Licence Agreement
EDUWORKS NON-EXCLUSIVE LICENCE AGREEMENT V1.3
Upon the purchase of any products sold on a licensed basis, the purchaser agrees to the following Non-Exclusive Licence Agreement.
1. Grant of Licence
Eduworks Resources, a division of RTO Advice Group Pty. Ltd. Is the owner of the products purchased (“Package”). The Package includes the documents outlined in the product description of the relevant product.
In consideration of payment of the Licence Fee this licence is given by Eduworks Resources, a division of RTO Advice Group (Licensor) to the Licensee named on the invoice to only use the package in the bona fide operation of the Licensee’s RTO business. Any other use of these products is prohibited. The licence fee is listed on the invoice for products purchased.
This licence is non-exclusive to the Licensee and does not permit the Licensee (other than in compliance with the above paragraph) to allow the Package to be sold to, used, accessed, stored or copied by or for the benefit of any other person or business including any subsidiary, joint venturer, strategic partner, parent organisation, affiliate or associate.
This licence is issued on the date of purchase.
2. Acceptance of Terms and Conditions
By purchasing and/or using the Package, the Licensee agrees to be bound by the terms and conditions of this agreement. The Licensee is expected to read through the Package and customise the documents to suit its own RTO business requirements and assessment model. The Package is not intended and is not designed nor represented or warranted by the Licensor to be used by a Licensee as an ‘off-the-shelf’ Package automatically suitable for the Licensee’s RTO’s business requirements. The Licensor allows the Licensee to vary, modify, amend, adapt and reproduce the documents comprising the Package both in printed and electronic format, subject to clause 3 below.
3. Intellectual Property
The Licensor has the right to all intellectual property rights, including but not limited to copyright, in the Package, and each of the documents contained in the Package.
The Licensor reserves all of its rights referred to in paragraph 1 above and nothing in this licence shall be taken to affect such rights.
The Licensee is only permitted to use the Package in accordance with the terms and conditions of this licence, including but not limited to the access rights at clause 5 below.
The parties hereby specifically acknowledge and agree that all intellectual property, including but not limited to copyright, in respect of any works, computer programs or other subject matter produced or arising by reason of the variation, modification, amendment, adaptation and reproduction of any part of the Package by the Licensee as anticipated at clause 2 above, or otherwise, (the “Modified Versions”), shall vest solely in the Licensor.
Any updates to the Package made by the Licensor within three (3) months of payment of the Licence Fee are provided to the Licensee without further charge. Thereafter any update, customised changes or modifications to the Package by the Licensor will be at an additional cost to the Licensee.
The Licensee acknowledges that individual publications contained in the Package may not be maintained and that the Licensee must make its own enquiries as to currency after three (3) months after payment of the Licence Fee.
The Licensor shall be under no obligation to provide any updates, enhancements, modifications, revisions, or additions to the resources provided.
To ensure that the Package and the documents are not wrongfully accessed, used or copied in breach of this Licence, the Licensee agrees only to allow employees of the Licensee’s RTO Business access to the Package on a needs only basis.
The documents must not be shared in an editable format with any other person or organisation.
The Licensee further agrees to inform all employees and students and any other person who may have access to the Package or documents modified from the Package, that the documents are subject to the copyright and ownership of the Licensor.
Without limiting the foregoing, the Licensee is required to ensure that each document included in the Package, in accordance with this licence, including any Modified Versions, retains all text on the inside front cover (page 2), which includes copyright notices. This text must be clear and legible, in a font size of at least 8.
6. Licence Duration
This licence is for so long as the Licensee continues to use the Package or any of the publications forming part of the Package, unless terminated earlier in accordance with clause 8 of this licence.
7. Limitation of Liability
The Package is sold ‘as is’, and the Licensor will not be held responsible for any audit outcomes based on the use of this Package. The Licensor welcomes feedback about the Package and if an update is made to the Package based on feedback obtained from an audit, the Licensor will provide updates in accordance with Clause 4.
The Licensor does not warrant that the Package will ensure a compliant audit outcome. Compliant audit outcomes rely upon the effective implementation of the content of this Package by the Licensee.
The Licensor on behalf of itself and any other person involved in the production of the documents comprising the Package, disclaims any liability to the fullest extent possible at law arising in connection with the use of the Package or reliance on their contents by any person whether used in the original form or altered in some way by the Licensee.
The Licensor gives no warranties nor makes any representation in respect of the documents comprising the Package, including without limitation any warranties as to quality, standard or legal efficacy to the fullest extent permitted by law.
The Licensor may terminate this licence and the rights granted under it by written notice with immediate effect if the Licensee commits a breach of this licence and has not remedied that breach within 10 days of receipt of a notice from the Licensor requesting the breach to be remedied.
Automatic termination will occur in the event that the Licensee commits an act of insolvency.
Upon termination of this licence, the Licensee shall immediately cease using and destroy or return to the Licensor (as the Licensor will direct) all copies of the Package in any form, including partial copies and Modified Versions.
Any amendment to this licence must be made in writing and signed by each party.
This agreement may not be assigned by the Licensee without the Licensor’s prior written approval.
The agreement shall be governed by the laws of Victoria, Australia.
10. Acceptance of the License
Upon payment of the Licence Fee, I (as the Licensee of the Package) acknowledge and accept the terms and conditions of this licence agreement.
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