WARNING: PERMISSION TO USE THIS SOFTWARE IS CONDITIONAL UPON YOU, THE CUSTOMER, AGREEING TO THE TERMS SET OUT BELOW
THIS AGREEMENT APPLIES TO ALL THREE SOFTWARE RESOURCES CONTAINED ON THIS CD "Teaching Number in the Middle Years", specifically, Foundations for Teaching Arithmetic, Teaching Mental and Written Computation, and Teaching and Learning about Decimals.
The software contained on this disk ("Software") has been developed by The University of Melbourne of Grattan Street Parkville, Victoria, 3010 ("University") through the Melbourne Graduate School of Education. The University has agreed to license use of the Software to you in consideration for your agreement to comply with the terms set out below.
1. The University grants to you a non-exclusive, non-transferable, revocable licence to use the Software strictly in accordance with these terms.
2. You must not, and must not allow or cause any other person to:
(a) print, copy, reproduce the Software by any means or in any form other than to make one copy of the Software for back-up and security purposes AND to photocopy printed materials for use with teachers or students within one school, with full recognition as above (for use on a school computer network or more than one machine, see network clause 11 at the end of this section);
(b) give, lease, assign, license, sub-license, transfer, distribute, disclose, disseminate, or publish the Software in any form to any other person or attempt to do any of these acts, except as permitted above and at clause 11 below;
(c) modify, adapt, alter, reverse engineer or decompile the Software;
(d) alter, change, remove or obscure any notices or other indications (including copyright notices) as to ownership of the Software; or
(e) access or use the Software on more than one personal stand-alone computer, or otherwise allow the Software to be accessed or used by more than one user at any one time.
3. You acknowledge that the licence granted by clause 1 does not make you the owner of the Software nor does it cause any transfer or assignment of any copyright or other intellectual or industrial property rights subsisting in the Software to you.
4. You acknowledge that the University is not obliged and will not maintain or update the Software.
5. The licence granted by clause 1 commences upon the opening of the sealed package by the Customer and shall continue until terminated by written notice from the University.
6. If liability of the University for breach of any term, condition or warranty implied by law into contracts for the supply of goods and services ("Prescribed Term") is capable of exclusion it is hereby excluded.
7. If liability of the University for breach of any Prescribed Term is capable of limitation it is hereby limited to resupply of the Software.
8. Except as provided by Prescribed Terms (if any) which are not capable of exclusion or limitation, or as expressly set out in these terms:
(a) the University makes no warranties in relation to the Software, including warranties as to performance or fitness for purpose; and
(b) you will not under any circumstances have any cause of action against, or right to claim or recover from, the University for or in respect of any loss, damage or injury (including without limitation any loss of profit, indirect or consequential loss, damage or injury) arising from the supply or use of the Software or any breach of these terms.
9. You agree to indemnify the University from and against liability and all loss and damage of any kind whatsoever caused directly or indirectly by any claim or action against the University arising directly or indirectly out of your use of the Software or any breach by you of these terms.
10. These terms constitute the entire agreement between you and the University in relation to their subject matter and supersede and cancel all prior understandings, negotiations and agreements in connection with that subject matter, and may only be varied by a written agreement between you and the University. They shall be governed by the laws in force in Victoria.
11.
School network computers – please note that all conditions stated in the Licensing Agreement above apply to licensing of the Software on school computer networks, except for point 2 (e) which is replaced by:
This Software may be installed on a K - 12 school computer network, provided one licence per 5 teachers of mathematics has been purchased.
This provision does not apply to teacher education institutions. Please contact us for licensing or bulk purchase in this situation.
