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Welcome and thanks for choosing Positive Living Skills. When you use our products and services, you’re agreeing to our Licence terms that include legal obligations on your behalf including how you use this copyright Intellectual property and other terms.
Please take a few moments to read the Positive Living Skills Primary School Wellbeing Program User Agreement and then confirm your acceptance of these terms below.
POSITIVE LIVING SKILLS EARLY CHILDHOOD WELLBEING PROGRAM USER AGREEMENT
I understand that by agreeing to these terms and conditions I am becoming a Licence holder of the Positive Living Skills Early Childhood Wellbeing Program
The Licensor is PLS LEARNING SOLUTIONS AUSTRALASIA PTY LTD (PLS) A.C.N.161 740 870 (“PLS”) of Ground Floor, 100 Walker Street, North Sydney NSW 2060 ("LICENSOR")
The Licensee is the person agreeing to this User Agreement.
The Program and associated materials as referred to in this agreement refer to all website pages and downloadable documents and any educational materials purchased by the Licensee from the Licensor to deliver in the nominated educational setting.
By agreeing to this user agreement, the Licensee is stating that they are a person authorised and trained to deliver educational materials within the nominated setting
WHEREAS, the Licensor wishes to grant a Licence to operate the Positive Living Skills Early childhood Wellbeing Program (the Program ) to the Licensee for the purpose of Implementing the Program within the educational setting referred to within this transaction.
1. GRANT OF LICENCE
1.1 The Licensee recognises that PLS has developed and is the owner of the intellectual property of the Programs and associated materials and PLS has the right to Licence the Program and associated materials. The Licensee wishes to use the Programs and associated materials for the permitted purpose.
1.2 The Licensor has agreed to licence the Programs and associated materials and the Licensee accepts the Licence on the terms and conditions as stated. The Licensor (PLS) grants to the Licensee a non-exclusive, non-transferable, non-sublicensable licence to use the Program and associated materials to implement the Programs to any student or child they are authorised to teach/support in the nominated educational setting from the date of this Agreement until the date that their paid subscription plan ceases.
2. IDENTITY OF LICENCEE AND TERM OF LICENCE
2.1 The Licensee acknowledges that they are fully aware that the Licence is limited to their use only or for use within the nominated educational setting
3. INTELLECTUAL PROPERTY
3.1 The Licensee and PLS both agree and acknowledge that PLS is the sole owner of the intellectual property rights of the Program and associated materials.
3.2 Intellectual property means all rights in copyright, patents, trademarks, trade secrets, knowhow, design and all other rights in intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organization Convention whether unregistered, registrable, registered, patentable or not.
3.3 By the use of the Program and the associated material, the Licensee does not acquire title, copyright or any of the intellectual property rights of the Program and or associated materials.
3.4 The Licensee must not alter, remove or obscure any trademark or copyright symbol or legend or other proprietary mark on the Program and or associated materials.
4. PERMITTED USE
4.1 The Licensee and the Employees of the Licensee are permitted to use within the nominated educational setting the Program and associated materials and are only permitted to share the information gathered from the Program and the materials within the nominated educational setting at the address provided.
4.2 Family Newsletters and specific handouts and resources used within the Program that are designed to be shared by children or educators with children’s families may be shared although no website pages or resources will be shared with any person, employee, contractor, agent or any other representative outside of the direct employees employed within the nominated educational setting.
4.3 The Licensee may not copy the content for external use, transfer or sublicense the Program and or associated material to any third party, in whole or in part, in any form, whether modified or unmodified.
4.4 The Licensee must implement precautions to prevent the unauthorised disclosure, copying and or distribution of the Program and or associated materials by any persons, employees, contractors and or agents or any other representative of the centre and in the event that the Licensee breaches their obligations, they must immediately notify PLS of the breach and PLS reserves its rights to immediately terminate this Agreement and sue for damage or damages.
5. LIMITATION OF LIABILITY
5.1 To the fullest extent permitted by law, PLS expressly disclaims all implied warranties and conditions including without limitation implied warranties as to merchantability and fitness for the purpose of the Program and or associated materials.
5.2 To the extent that any liability of PLS under the Competition and Consumer Act 2010 (Cth) cannot be excluded, PLS’s liability is limited to replacing the Program and or associated materials.
5.3 To the fullest extent permitted by law, PLS excludes all liability for indirect or consequential loss including loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind arising from this Agreement.
6.1 Both parties understand that the content of the Program and the associated material is based on the concepts of Social and Emotional learning, and that the Program content introduces evidence informed, universal and practical tools and strategies aimed to assist and maintain a positive wellbeing.
6.2 Both parties acknowledge and agree that by signing this Agreement the Licensee and all it’s representatives indemnify and holds harmless PLS and its directors and promise to keep PLS and its directors indemnified at all times, against any loss, claim, action, settlement, award, judgment, expense or damage of whatsoever kind or nature and howsoever arising that PLS might suffer as a result of the use of the Program and or its associated material, and or any activities related to the Program and or its associated materials, any inaccuracy of the Program and or associated materials including any unauthorised use of the Program and or associated materials, including but not limited to any claim by an adult or any child who experiences any social, emotional or mental challenge during the course of any learning experience or activity related to the Program and or its associated material.
6.3 The Licensee acknowledges and accepts that it is their sole responsibility to ensure that any person who interacts with or provides support to any child or adult on behalf of the Licensee is adequately trained to do so.