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
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
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,
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
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,
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 HOMEWORK LICENCE, please write
Mr Paul Rehill
mathsteacher.com Pty Ltd
PO Box 524
FERNTREE GULLY VIC 3156