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Terms and conditions

Standard Licence Template – Individual Purchaser including in conjunction with his or her classes – CAL payments preserved – SUMMARY




CAL+


Publisher:

The Primary English Teaching Association Australia (PETAA) ACN: 002 557 075

Authorised User:

The member, an individual person.
(Members are individuals or schools and organisations who are financial members of PETAA.)

Product:

Exploring the 2019 CBCA Short List: The 2019 PETAA Teacher’s Guide to Exploring the CBCA Book of the Year Awards and includes the materials in the Product

Duration:

Limited by term of membership.


The Publisher grants the Authorised User a licence to use the Product for educational purposes on the terms set out in this Summary and the Terms and Conditions.

Who can use the Product?

The Authorised User only in conjunction with his or her classes.

Where can the Product be used?

The Product can be used or accessed anywhere.

How can the Product be used?

The Authorised User may:

  • View and interact with the Product
  • Display the Product on an interactive whiteboard or through a projector to the Authorised User’s own students

For clarity, except as provided above, this licence does not authorise the Authorised User to:

  • Make other copies of the Product
  • Modify the Product
  • Make print copies of the Product other than those used for classroom reference
  • Copy the Product onto any computer network (including any Learning Management System or portal site)
  • Incorporate parts of the Product into other presentations or onto other devices for distribution
  • Make the product available to others
  • Use the Product or parts of the Product in any presentation outside of the Authorised User’s own classes within their own educational institution
  • Copy the Product into a different format than that provided

Standard Licence – Individual Purchaser including in conjunction with his or her classes – Copyright Agency Limited payments preserved — TERMS & CONDITIONS

Copyright Agency Limited and the statutory licence

The Authorised User may be able to rely on provisions in the Copyright Act 1968 (Cth) to use this Product in some of the ways listed in the Summary of this licence. For example, under Part VB of that Act, a person may use a “reasonable portion” of a textual work for educational purposes, and all of an image (such as an illustration or photo) that illustrates or accompanies text that is being used.

This licence does not extend to any use that is permitted by Part VB or any other provision in the Act (as these uses are already permitted by legislation). This licence does grant such additional rights as are necessary for the Authorised User to use this Product in any of the ways listed in the summary above.

Amongst other things, this means you will need to ensure that copying or communication of the materials in this Product are included in any survey or other record forms provided to Copyright Agency Limited (including any you may need to fill in during an Electronic Use Scheme survey), and the Publisher or other rights holder may be entitled to receive income for such use, to the extent that that use is covered by the Act and not this licence. The amount of the Fee takes this into account and does not include a component for uses covered by the Act.

General

These terms and conditions, together with the Summary, constitute the entire terms and conditions with respect to this Product and the use of this Product, and supersede any other agreement, representation or licence.

If any provision of this licence is held to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of this licence, and the remainder of this licence shall continue in full force and effect.

Termination

The Publisher may terminate this licence on 14 days notice if any of the terms are breached. Limitation of liability To the maximum extent permitted by law, save for the express written terms in this Agreement, all express or implied terms, conditions, warranties, statements, assurances and representations in relation to the Product or arising from the Summary or these terms and conditions are expressly excluded.

If any of the exclusions or limitations set out in this clause are declared illegal or void or if there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by these terms and conditions, then, to the extent permitted by law, our entire liability and your exclusive remedy is limited to, at our discretion, the replacement of the goods or the supply of equivalent goods.

In no event will the Publisher, including its agents, employees or contractors, be liable for any direct, indirect or consequential loss (even if the Publisher is or was aware of the possibility of such loss or if such loss was otherwise foreseeable), including, but not limited to, loss of profits, production, data, opportunity or goodwill; or business interruption, however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of any performance or non-performance of the Product or of the Publisher.

To the maximum extent permitted by law, the Publisher’s maximum cumulative liability under these terms and conditions shall not exceed an amount greater than the amount the Authorised User paid for the Product.

Choice of law and jurisdiction

The construction, validity and performance of these terms and conditions and the Summary are governed in all respects by the law of NSW and the parties unconditionally submit to the jurisdiction of the courts of NSW.