Terms & Conditions & CAL
||The purchaser - an individual person, individual teacher, corporate entity, school, educational institution or similar organisation.
|Product Type 1:
||Annual Subscription for Downloadable PDFs
||Whilst the user has an ‘active’ paid subscription to www.blake.com.au. A paid subscription is valid for 12 months from date of purchase.
If the subscription expires and is not renewed, online access to all files within this agreement ceases and any and all files downloaded within this
agreement are no longer licensed to be used. Any ongoing use of products whilst there is not an active subscription may risk breach of copyright conditions.
|Product Type 2:||Downloadable PDFs + Free-to-Download Resources
Please note copyright terms for each individual product on the imprint page of each PDF.
The Product may only be used by the Authorised User, and the Authorised User’s students, but only in conjunction with classes taken by the Authorised User.
The Product can be used or accessed anywhere.
The Authorised User may:
- View and interact with the Product
- Copy the Product to back up or install it
- Display the Product on an interactive whiteboard or through a projector to the Authorised User’s own students
- Make other copies of the Product, including printed copies, in accordance with Copyright Agency Limited’s payments preserved Terms and Conditions (see below for full details)
- Modify the Product
- Make other copies of the Product, including printed copies, over and above Copyright Agency Limited’s payments preserved Terms and Conditions (see below for full details)
- 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
Copyright Agency Limited & the Educational Institutions 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 provided for under the Act. For example, under the Educational Institutions Statutory Licence, 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).
This licence does not extend to any use that is permitted by the Copyright Act 1968 (Cth).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 these Terms and Conditions.
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, 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.
These terms and conditions 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.
The Publisher may terminate this licence on 14 days notice if any of the terms are breached.
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 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 are governed in all respects by the law of NSW and the parties unconditionally submit to the jurisdiction of the courts of NSW.