Licensing, Intellectual Property and Copyright

Licensing, Intellectual Property and Copyright

Our 'OnGuard', 'ACEPro' and 'OzTutor' products have been specifically designed to meet the needs of the Australian education sector - including government and private education systems.

These products provide a wealth of information & student based resources on an ongoing basis at a really affordable level. Our product pricing has a two tier structure.

1.Initial Delivery & Licence Registration

2.Monthly 'Software as a Service' contract fee(24 mth contract)

Our products are licensed each month (on a 24 month contract) by the registered user, because we are continually value adding to the products by adding new information, new sections, new functionality and a new look each year.If our products do not suit your needs at the end of the year, you are under no obligation to renew the registration.

Administration Surcharge on Accounts

On each order an 'Administration Surcharge' of $50 will be added to the invoice. This surcharge will be discounted in FULL where the account has been paid within 21 days.

End User Licence Agreement

By opening and/or installing the Software package, the registered user is agreeing to the terms of this licence agreement. A copy of this licence agreement can be sourced on the software CD. If the registered user does not agree to all of these terms, they can promptly return the Software package to (ITE Services) OnGuard Safety Training Pty. Ltd. for a refund. In consideration of payment of the 'Software as a Service' contract fee, the Software package, including any images and data incorporated in the Software package are licensed (not sold) to the registered user by (ITE Services) OnGuard Safety Training Pty. Ltd.

Software Package - Grant of Licence

The Software package is licensed (not sold) to the registered user by (ITE Services) OnGuard Safety Training Pty. Ltd. In consideration of payment of the 'Software as a Service' contract fee, (ITE Services) OnGuard Safety Training Pty. Ltd. grants you a non-exclusive, non-transferable licence (with no rights to sub-licence) to use the Software package, including any images and data incorporated in the Software package.

• The Initial 'Software as a Service' contract fee (paid monthly) is valid for a period of 24 calendar months .
• Upon expiration of the 'Software as a Service' contract if the registered user wishes to continue using the Software package, they will re-enter into a new'Software as a Service' contract for another period of 24 calendar months .
• (ITE Services) OnGuard Safety Training Pty. Ltd. does not transfer title to the registered user.
• This unlimited site licence shall not be considered a "sale" of the Software package.

(ITE Services) OnGuard Safety Training Pty. Ltd. retains full and complete title of the Software package and the accompanying documentation, and all intellectual property rights therein.

The user acknowledges (ITE Services) OnGuard Safety Training Pty. Ltd. has a strong desire to ensure that its publication provides the very best of service to users throughout Australia.

The user therefore agrees to advise (ITE Services) OnGuard Safety Training Pty. Ltd. in writing of any change or improvement it makes to the publication which it considers to be in the best interest of safety. The user further acknowledges that any such additions or improvements suggested or made remain the property of (ITE Services) OnGuard Safety Training Pty. Ltd.

This non-exclusive unlimited site licence gives the registered user the right to use and display the Software package within the registered school's community only.

Student and staff desktop and laptop computers are included as part of this licence.

NOTE: multiple school sites (campuses) do not apply.

Rights of Use

The registered user may not reproduce, resell, modify, reverse compile, adapt, decompile, reverse engineer, disassemble, assign, distribute, publish in any form or permit any other person to use or deal with the whole or part of any contents/data of the Software package.

Property and Ownership

All intellectual property rights (including copyright) in and to the contents/data of the Software package is the sole property of (ITE Services) OnGuard Safety Training Pty. Ltd. Except to the extent of the licence, the user shall acquire no intellectual property rights in or to the contents/data or any part thereof.

Support and Updates

(ITE Services) OnGuard Safety Training Pty. Ltd. may at its discretion provide technical support (telephone only) to the contents/data of the Software package.

Termination - Licence

This Agreement is effective until terminated.

The registered user may terminate the licence agreement at the end of the 'Software as a Service' 24 month contract by notifying (ITE Services) OnGuard Safety Training Pty. Ltd. in writing.If our products do not suit your needs at the end of the contract, you are under no obligation to renew.

Upon terminating the licence agreement, the user will take determined steps to ensure that all copies of the Software package are destroyed. In addition and more importantly, the user will take determined steps to ensure that all copies of print and electronic copies of any MSWord, PDF and html documents are destroyed. (including edited documents)

The user may be required at the discretion of (ITE Services) OnGuard Safety Training Pty. Ltd. to sign off a Statutory Declaration to this effect.

The Agreement will terminate immediately without notice from (ITE Services) OnGuard Safety Training Pty. Ltd. if the registered user fails to comply with any provision of this Agreement.

Upon terminating the licence agreement, (ITE Services) OnGuard Safety Training Pty. Ltd. will demand that the user take determined steps to ensure that all copies of print and electronic copies of any MSWord, PDF and html documents are destroyed. (including edited documents)

They may be required to sign off a Statutory Declaration to this effect.

Supplemental Licence

This software package must be treated like any other copyrighted material except that the registered user may:

(a) use the software package on a multiple number of computers within the school site, including computers owned by staff and student laptops

(b) upon seeking written permission from (ITE Services) OnGuard Safety Training Pty. Ltd., make minor changes to text within MSWord documents throughout the software package, to meet the very specific needs of students at the location of the registered user.

The user agrees to advise (ITE Services) OnGuard Safety Training Pty. Ltd. in writing of any change or improvement it makes to the publication which it considers to be in the best interest of safety.

The user further acknowledges that any such additions or improvements suggested or made remain the property of (ITE Services) OnGuard Safety Training Pty. Ltd.

(c) within guidelines set by Australian Copyright law, make print copies of MSWord and PDF documents throughout the software package, for the educational purposes of students at the registered user’s location only.

Restrictions

The software package and its entire contents is covered by Australian Copyright law.

Title to the software package and all associated intellectual property rights is retained by (ITE Services) OnGuard Safety Training Pty. Ltd.

Except as specifically authorised in the Supplemental License terms, the registered user may not make copies of the Software package.

The user acknowledges that (ITE Services) OnGuard Safety Training Pty. Ltd. has a strong desire to ensure that its publication provides the very best of service to users throughout Australia. The user therefore agrees to advise (ITE Services) OnGuard Safety Training Pty. Ltd. in writing of any change or improvement it makes to any publication which it considers to be in the best interest of safety. The user further acknowledges that any such additions or improvements suggested or made remain the property of (ITE Services) OnGuard Safety Training Pty. Ltd.

Limited Warranty and Liability Disclaimer

(ITE Services) OnGuard Safety Training Pty. Ltd. warrants to the registered user that for a period of ninety (90) days from the date of contract, the software package is furnished will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS".

Unless specified in this agreement, all express or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement are disclaimed, except to the extent that these disclaimers are held to be legally invalid.

Limitation of Liability - Indemnity

Under no circumstance, including negligence, shall (ITE Services) OnGuard Safety Training Pty. Ltd. be liable for any indirect, special incidental or consequential damages arising out of the use of or inability to use the software package, including without limitation, loss of data, computer failure or malfunction or any and all other commercial damages or losses, that result from the use of, or the inability to use, the software package.

(ITE Services) OnGuard Safety Training Pty. Ltd., the authors, consultants, publishers and distributors are not responsible for the results of any action taken on the basis of information in the software package, nor for any error in or omission from the information in the software package.

(ITE Services) OnGuard Safety Training Pty. Ltd., the authors, consultants, publishers and distributors expressly disclaim all and any liability and responsibility to any person, whether a registered user or reader of this software package or not. This is in respect of the consequences of anything, done or omitted to be done by any such person in reliance upon the whole or part of the contents of this software package.

It is understood that the registered user will take determined steps to investigate the Workplace Health and Safety needs specific to their situation, and implement workplace 'systems of work', in addition to utilising the resource material in the Software package.

It is understood that the school purchasing this software will also take steps to investigate and obtain the following from the manufacturer of the machinery / equipment:

• recommended operating instructions
• safety precautions
• safeguards
• cleaning and storage instructions

It is also understood that this resource material is general in nature and schools will need to include practical instruction, supervisor demonstration and specific training relevant to the brand and type of their machinery / equipment.

Litigation

(ITE Services) OnGuard Safety Training Pty. Ltd. is a member of CAL - Copyright Agency Limited.

Legal action will be initiated if the registered user fails to comply with any of the provisions of this Agreement.

If the registered user makes copies of the software package without permission or prints or makes electronic copies of pages and documents from the software package, without permission from (ITE Services) OnGuard Safety Training Pty. Ltd.,(ITE Services) OnGuard Safety Training Pty. Ltd. will seek legal and lawful compensation.

1