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Our 'OnGuard' STP
and 'OnGuard' ACEPro 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
Software Licence Registration
2.
Monthly 'Software as a Service' subscription fee
(2
year
contract)
They are
initially licensed and each month
(on a 2 year contract) a
subscription fee is paid 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 contract, you
are under no obligation to renew the subscription. 'Software
as a Service' - read
more >>>
Note:
ALL PRICES ARE EX GST
Administration Surcharge on Accounts
On each order
an 'Administration Surcharge' of $50 may 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
requesting access and subsequently accessing the Software package, the registered user is agreeing to the terms of this licence agreement. A copy of this licence agreement
is forwarded to the client. In consideration of payment of the
'Software as a Service' subscription 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' subscription 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' subscription contract 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.
'Software
as a Service' - read
more >>>
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:
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.
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