USER LICENCE AGREEMENT – TERMS AND CONDITIONS

For use of Insert title and ISBN in portable document format (the Product) made available on the website at Insert URL

This is a legal agreement between you (the Customer) and Cengage Learning Australia Pty Limited (ABN 14 058 280 149) (the Licensor) which provides the terms and conditions of this non-exclusive licence and the limited warranty for the Product made available on the Licensor’s website. Use of the Product indicates an acknowledgement that the Customer has read and agreed to be bound by the terms and conditions of this Agreement.

1 Licence Grant

You do not receive title to the Product, which is protected by Australian copyright laws. The Licensor grants you a non-exclusive licence to use the Product subject to the restrictions and terms set out in this Agreement.

2 This Licence Allows

The Product is intended as a backup for a printed student book or the equivalent ebook. You may use the Product on computers used by students in your school and on your school network, provided that the printed student book or the equivalent ebook is in use at your school as a core resource. You may copy the Product to as many computers as you have purchased printed student books or equivalent ebook access codes – for example, if you have purchased 30 copies of the printed textbook you may copy the Product to 30 students’ computers.

3 You May Not

(i) modify, adapt, translate, reverse engineer, decompile or disassemble the Product or create derivative works based on the Product;
(ii) rent or transfer all or any part of your rights under this Agreement;
(iii) remove or alter any copyright or other proprietary notice or label attached to the Product or create derivative works based on the Product;
(iv) provide digital copies of the Product or parts of the Product to third parties other than students at your school;
(v) print the Product or parts of the Product;
(vi) continue to hold a copy of the Product on the school network or on school computers if you cease to use the printed student book or equivalent ebook as a core resource.

4 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic termination of this Licence. Unauthorised copying of the Product will result in immediate termination of this Licence. Upon termination of this Licence for any reason, the Customer must remove all copies of the Product from the school network and from computers used by students at the school.

5 Warranties

The Licensor makes no express warranties about the Product. To the extent permitted by law, the Licensor excludes all implied warranties about the Product that would otherwise be implied by law as being part of this Licence. To the extent permitted by law, the Licensor excludes all liability for any damage, whether direct, indirect, special or consequential arising in any way out of the use of or in relation to the Product.

Where the preceding paragraph cannot legally operate, and to the extent permitted by law, the Licensor’s liability for any breach of the warranty or any term implied by law into this Licence is limited to:

(i) in the case of services, the cost of having the services supplied again; and
(ii) in the case of goods, the lowest cost of replacing the goods, acquiring equivalent goods or having the goods repaired.

By accepting the terms of this Licence you warrant that you have not relied on:

(i) any representation made by your supplier or the Licensor other than those expressly set out in this Licence; or
(ii) any descriptions, illustrations or specifications contained in any document including any catalogues or publicity produced by or for your supplier or the Licensor.