SITE LICENSE AGREEMENT
Cheltenham Group Pty. Ltd | Site License Agreement
You need to read and accept all the terms of this agreement, prior to purchasing Courseware from Cheltenham Group. The terms of this License may alter from time-to-time and by purchasing Courseware from Cheltenham Group the Purchaser accepts that any changes made periodically, will be binding on the Purchaser. The current license agreement will be displayed on our courseware website at: www.cheltenhamcourseware.com.au/agreement
Last update: November, 2013
Known as Cheltenham Group Pty. Ltd. The trading names ‘Cheltenham Courseware’ and ‘Cheltenham Computer Training’ may also be used. In some countries the Supplier may be known as ‘Cheltenham Courseware Inc.’, or ‘Cheltenham Courseware Ltd.’, or ‘Cheltenham Courseware Pty. Ltd.’
The individual, company or organization purchasing Courseware from the Supplier (or from an authorized reseller or agent).
The term ‘Courseware’ includes all the versions and formats of the training materials supplied by the Supplier such as training manuals, workbooks, slides, outlines, quizzes, quick references, exercise files plus any other items that may be added to the Courseware over time.
DESIGNATED TRAINING SITE:
The physical training site at which the Purchaser will use the Courseware. You may only use the Courseware at one site at a time.
GENERAL TERMS & CONDITIONS.
This agreement between the Supplier and the Purchaser supersedes any other agreement or discussions, either oral or written.
The Purchaser is granted a non-exclusive license to use the Courseware which is non-assignable, non-transferable, and revocable.
This agreement covers all Courseware made available by the Supplier to the Purchaser.
Purchasing Courseware from the Supplier indicates that the Purchaser accepts these terms and restrictions and any violation will be prosecuted to the full extent of local law.
The Courseware is licensed, by the Supplier, to the Purchaser for use at the Purchasers designated training site.
The Purchaser may use the Courseware to train their own staff, or third parties that physically attend a relevant training course, at the Designated Training Site.
The Courseware contains editable Microsoft Word documents and in addition a range of other formats are supplied for use on a secure LAN or Intranet at the designated training site or sites. These other formats include Adobe Acrobat and HTML file formats. Over time, other formats may be added. Schools, Universities and Colleges may place these files on a protected Intranet, provided access is restricted to people at the designated training site or sites.
The Courseware may be edited and customized as required on the understanding that the copyright information is clearly displayed within all documents, and remains with the Supplier.
The Purchaser can add their organization’s name and logo to the printed manuals, providing the Purchaser clearly acknowledges that copyright belongs to the Supplier on the printed versions.
The Supplier owns exclusive rights to the Courseware, which is protected by international copyright and intellectual property laws. At all times the Supplier retains full title to the Courseware and any, or all updates, and revisions that may be supplied.
The Courseware may be used by the Purchaser to provide training at a single, physical, Designated Training Site. Additional licenses are required to use the Courseware at more than one site at a time. A site is defined as a geographical site such as a physical training site location, school, college or University.
The Purchaser may use the Courseware to provide training to the Purchaser’s clients at the clients own site (provided this site is within the Purchaser’s national borders). If the Purchaser wishes to train at a client’s site, then a single site license allows the Purchaser to only train at one site at a time. The Purchaser will need to purchase additional licenses to allow simultaneous training at more than one site. If the Purchaser has more than one training site and wishes to use the Courseware, simultaneously, at these training sites, then this will require multiple single site licenses for each site, (in many cases colleges or Universities however will be treated as a single site, even if spread out within a town or city).
Delegates attending training courses where the Courseware is being used, may retain copies of the printed Courseware for reference purposes only.
The Courseware must not be re-sold, lent, rented, assigned or transferred to any third party in any form.
The Courseware must not be exported from the country to which it is supplied, in any form.
The passwords necessary to access or open the Courseware must not be disclosed to any third party in any form.
In order to obtain support for any Courseware supplied by the Supplier, the Purchaser must quote the Courseware License Site Administrator Password when contacting the Supplier.
Under no circumstances must the source Microsoft Word files containing the Courseware be made available on a network, internet, intranet, extranet, CD-ROM, DVD or similar medium.
Training companies offering third party training may not place the courses on an extranet and may only train people physically attending a relevant course at the Designated Training Site.
The Purchaser may not sell, rent, lease, hire or give away the Courseware to any third party that has not physically attended a relevant course at the Designated Training Site.
In the event of the liquidation or insolvency of the Purchaser the agreement will be automatically terminated, and the Purchaser should remove or destroy any remaining copies of the Courseware.
Printed copies of the Courseware may be made available to delegates or students, physically attending a course at the Designated Training Site. Courseware may also be made available in protected Adobe Acrobat file formats. These will in any event only be available to people who have physically attended a relevant training course at the Designated Training Site.
It is the responsibility of the Purchaser to print copies of the Courseware.
The Purchaser may add their name and logos to the Courseware materials, but in all cases the Purchaser must leave a copyright notice on all documents that acknowledges copyright by the Supplier.
This agreement entitles the Purchaser to use the Courseware at a designated training site or sites.
The Purchaser may not make the Courseware available to people who have not physically attended a relevant training course at the designated training site.
Under the terms of this agreement there is no limit to the number of copies of the Courseware that the Purchaser may produce for use at the Designated Training Site.
Copyright of all the Courseware remains with the Supplier.
This licensing agreement shall continue as long as the Purchaser uses the Courseware. However, it will terminate automatically if the Purchaser fails to comply with any of its terms and conditions. The Purchaser agrees, upon termination, to destroy all copies of the Courseware.
No documentation provided by the Supplier may be copied without written permission from the Supplier unless produced under the terms of an agreement with the Supplier.
All reasonable precautions have been taken in the preparation of the Courseware, including technical and non-technical proofing. The Supplier and all staff, or agents, assume no responsibility for any errors or omissions within the Courseware. No warranties are made, expressed or implied with regard to the Courseware. The Supplier shall not be responsible for any direct, incidental or consequential damages arising from the use of the Courseware. While the Courseware is regularly scanned for viruses, it is the Purchasers responsibility to virus check all files supplied by the Supplier, prior to use. Neither the Supplier, nor the Purchaser, shall be liable for consequences arising from force majeure, or other occurrences which are beyond either party’s control.
The Purchaser may not place the Courseware files on the Internet.
The Purchaser may not use the Courseware to develop any commercial product that is sold, lent, leased, hired or made available free of charge. The Purchaser is prohibited from reselling the courseware or any training materials derived from the Courseware supplied by the Supplier.
The Purchaser may not translate, reverse engineer, de-compile or disassemble any of the Courseware files supplied.
Once the Purchaser has purchased the Courseware, no refund can be offered. We make all our Courseware available in sample format, which can be downloaded from our web site, prior to making a purchasing decision.
No refund will be given in the event of inadequate Internet connection at the Purchaser’s organization resulting in the inability to download files from the Internet or to print the Courseware files. In cases where the original Courseware files are corrupted, the Supplier will supply replacement Courseware files.
No refunds can be made if you select the wrong the course and then purchase the wrong course. It is your responsibility to ensure that you have selected, and purchase the correct course during the purchasing process.
No refund will be given in the event of inadequate printing facilities at the Purchaser’s organization resulting in the inability to print the Courseware.
Under no circumstances can the source Microsoft Office formatted materials be made available to students or delegates.
No ‘distance learning’ is permitted using our Courseware license. This restriction applies to use of the Internet, Intranet and CD-ROM or DVDs and all other media that could be used for distance learning.
If any provision of this license is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable such provisions shall be severed from the license and the other provisions shall remain in full force and effect.
The Purchaser agrees to be bound by the laws of Western Australia in relation to the Courseware License and any dispute between the Purchaser and the Supplier will be settled, exclusively, via the Western Australian judicial system, and in Perth, Western Australia.
The order in which the information is presented within this agreement is for clarity only.
‘IT COURSEWARE LIBRARY’ – ADDITIONAL, SPECIFIC CONDITIONS.
The ‘IT Courseware Library’ site license entitles the Purchaser to receive (via Internet download) all new courses released as part of that ‘Courseware Library’, for a period of 12 months, from the date of purchase.
To receive new courses after this 12 month period, the Purchaser must purchase an ‘IT Courseware Library Renewal Subscription’. This is normally priced at 50% of the regular advertised price of the full ‘IT Courseware Library’ Site License. This 50% discount for renewing the ‘IT Courseware Library’ subscription is ONLY available if the Purchaser renews the subscription within 28 calendar days of the expiry of an existing license.
COURSEWARE BUNDLES – ADDITIONAL, SPECIFIC CONDITIONS.
These are collections of related Courseware titles, such as the ‘Office 2013 Bundle’, which contains all the Office 2013 Courseware available from the Supplier.
Courseware bundles are available as downloads from the Suppliers web site.
No updates are included with courseware bundles.
SINGLE COURSEWARE TITLES – ADDITIONAL, SPECIFIC CONDITIONS.
Only available as downloads from the Suppliers web site.
Only available using credit card payment, via the Suppliers web site.
No updates are included when purchasing single course titles.
SAMPLE COURSEWARE VERSIONS – ADDITIONAL, SPECIFIC CONDITIONS.
Normally supplied in Adobe Acrobat format. If the version of Courseware is marked as NOT FOR TRAINING, SAMPLE, SAMPLE ONLY (or similar), then it cannot be used as part of a training course, and is made available purely for content and style review. This is to give the opportunity to preview the Courseware, prior to making a purchasing decision. Sample versions may not be re-sold to a third party. Sample versions must not be altered in any way or distributed without written permission from the Supplier.
FOR CURRENT LICENSING INFORMATION.
The Supplier reserves the right to alter licensing conditions at any time, without prior notice. No terms or conditions will affect the Purchasers rights as defined under Australian law. Please see the current site license agreement available at: www.cheltenhamcourseware.com.au/agreement
© Cheltenham Group Pty. Ltd.
All trademarks acknowledged. E&OE.