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Our 'OnGuard'
safety training products have been specifically
designed to meet the needs of the
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.
Annual Maintenance and Support
Our
products are licensed each year
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.
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
at the software installation.
If the registered user does not agree to all of these terms,
they can promptly return the Software package to OnGuard Safety Training for a refund.
In consideration of payment of the registration fee, the Software package, including any images and data incorporated in the
Software package are
licensed (not sold) to the registered user by OnGuard Safety Training.
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Software Package - Grant of Licence
The Software package
is licensed (not sold) to the registered user by OnGuard Safety Training. In consideration of payment of the registration fee, OnGuard Safety Training 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.
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The Initial licence registration fee (which includes handling and delivery charges) is
valid for a period of 12 calendar months maximum or
remainder of the current calendar year.
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Upon expiration, if the registered user wishes to continue using the
Software package,
they will
pay the 12 month
Maintenance & Support Registration fee.
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The software package will
disable itself after the expiration date
- February 28th each year.
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OnGuard Safety
Training does not transfer title to the registered user.
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This unlimited site licence shall not be considered a "sale" of the
Software package.
OnGuard Safety Training retains full and complete title of the
Software package and the accompanying documentation, and all intellectual property rights therein.
The user acknowledges OnGuard Safety Training 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 OnGuard Safety Training 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 OnGuard
Safety Training.
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.
'OnGuard'
ACEPro, 'OnGuard' Online, 'OnGuard' PPT and 'OnGuard' BLM Users
The end user
MUST be a registered user of ‘OnGuard’ STP
before they will be permitted to use the Add-on products and
then they MUST maintain the
Annual Maintenance and Support Registration for ‘OnGuard’ STP on an
annual basis to continue using the Add-on products.
Student laptop
computers are included as part of the site 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
OnGuard Safety Training.
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
OnGuard Safety Training may at
its discretion provide technical support to the
contents/data of the Software package and/or installation
assistance. Following the provision of the initial Software
package, you may be offered subsequent internet delivered
updates as part of the Annual
Maintenance & Support fee.
Termination - Licence
This Agreement is effective until terminated.
The registered user may terminate
the licence agreement at the end of the calendar year by notifying OnGuard Safety Training in writing. If
our products do not suit your needs at the end of the year, you
are under no obligation to renew the
Annual Maintenance and Support fee.
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 OnGuard Safety Training to sign off a Statutory Declaration to this effect.
Agreement will terminate immediately without notice from OnGuard Safety Training if the registered user fails to comply with any provision of this Agreement.
Upon
terminating the licence agreement, OnGuard Safety
Training will demand that
the user 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)
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) make one
backup copy of the software download for archival purposes
(b) install
and use the software package on the hard drive of a multiple
number of computers within the school site, including student laptops
(c) install
and use the software package on a school site file server
(d) upon
seeking
written permission from
OnGuard
Safety Training, 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
OnGuard Safety Training 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
OnGuard Safety Training.
(e) within
guidelines set by 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 Copyright law.
Title to the software package and all associated intellectual property rights is retained by
OnGuard Safety Training.
Except as specifically authorised in the Supplemental License terms, the registered user may not make copies of the Software package, other than a single copy for archival purposes.
The user acknowledges
that OnGuard Safety Training 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
OnGuard Safety Training
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 OnGuard Safety Training .
Limited Warranty and Liability Disclaimer
OnGuard Safety Training warrants to the registered user that for a period of ninety (90) days from the date of purchase, the
software package 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 OnGuard Safety Training 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.
OnGuard Safety Training, 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.
OnGuard Safety Training, 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 and specific training relevant to the brand and type of their machinery / equipment.
Litigation
OnGuard Safety Training is a member of CAL -
Australian 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 OnGuard Safety Training, OnGuard Safety
Training will seek
legal and lawful compensation.
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