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Education use licence
1. Date of this agreement
This Agreement is made on the date that you obtain a copy of the publication, whether in electronic form or when you receive a physical copy.
2. Parties to this agreement
The parties to this Agreement are:
The Australian Academy of Science ABN 90 700 613 342 ('the Academy');
and
The individual or legally constituted entity which has received a copy of the publication 'you'.
3. Interpretation
In this Agreement, unless the context requires otherwise:
'adapt' has the meaning set out in clause 5 of this Licence.
'Australian Academy of Science Copyright Notice' means the notice in the following form including the appropriate year of publication:
© Australian Academy of Science [Year of Publication], Australia. This publication is protected by the intellectual property laws of Australia and other jurisdictions and is subject to the Australian Academy of Science Education Use Licence which can be viewed at www.science.org.au/primaryconnections/licence.htm. You may only use this publication if you are licensed to do so under that licence and in accordance with its terms. |
'commercial use' includes any use intended to result in financial gain.
'copy' means an exact copy.
'educator' means a primary or secondary school teacher, a person engaged in delivering tertiary tuition, or an educational body responsible for education of primary school students.
'fair use laws' means laws in any jurisdiction granting limited rights to make fair use of materials subject to copyright for educational, review, research, news reporting or similar purposes.
'law' includes any applicable law in any jurisdiction.
'publication' means the Australian Academy of Science education publication which you have obtained through the Australian Academy of Science website, or which you have otherwise received in electronic or physical form from the Australian Academy of Science, or from any other party.
4. Licence to educators or primary school students
4.1 Only if you are an educator or a primary school student and only if you obtain the publication from the Australian Academy of Science, you may:
(a) download a copy of the publication;
(b) use the publication for its intended scientific education purpose;
(c) make copies of portions of the publication for the purpose of implementing projects or activities in the publication, so long as the Australian Academy of Science Copyright Notice appears on the extract;
(d) if you are a legally constituted body, copy the entire publication for distribution to teachers so that they can use it for its intended scientific education purpose, on your behalf;
(e) if it is a worksheet or other document intended for classroom use by students, copy the required sections of the publication for distribution to primary school students.
4.2 This licence is a limited purpose licence and you only have permission to do the things explicitly permitted by this licence, but to avoid any doubt you must not:
(a) remove the Australian Academy of Science Copyright Notice;
(b) make any commercial use of the publication;
(c) claim any rights in the publication or purport to authorise anyone else to use the publication in any way;
(d) falsely claim authorship of the publication or any portion of it;
(e) publish or re-publish the publication;
(f) perform the work in public;
(g) without the prior written consent of the Academy, make the publication available online by placing it on your website or otherwise transmit electronic versions of the publication to any person;
(h) without the prior written consent of the Academy, provide a link to the publication on the Australian Academy of Science website from your own website.
5. Adaptation and incorporation into other materials
5.1 Only if you are an educator and only if you first obtain our consent in writing you may:
(a) adapt the publication or a portion of the publication;
(b) incorporate the publication or a portion of the publication into your own materials.
5.2 In this clause 'adapt' means to make a version or reproduction or adaptation of the publication or a portion of the publication including making of an electronic version from a physical version of the publication, a translation of the publication into another language; making a dramatic adaptation of a non-dramatic portion, making a non-dramatic adaptation of a dramatic portion, making a pictorial version of text portions of the publication, making text versions of pictures in the publication, reproducing the layout of the publication or any portion of the publication, making an audio-visual version of the publication or a portion of the publication, including the publication in a compilation or, for the avoidance of doubt, undertaking any action not explicitly authorised by this licence.
5.3 If you are granted our permission in writing to adapt the publication or incorporate materials from the publication into your own materials you must include the following notice in your adaptation or materials, as the case requires:
'This publication is [adapted]/[incorporates materials] from the Australian Academy of Science Primary Connections science education publications. We gratefully acknowledge the support of the Australian Academy of Science www.science.org.au, in making its publications available to us for scientific educational use. Australian Academy of Science Primary Connections was funded by the Australian Government Department of Education, Science and Training as a quality teacher initiative under the Australian Government Quality Teacher Programme. www.qualityteaching.dest.gov.au.' |
6. Scope of licence
6.1 The licence in this Agreement is free, revocable and non-exclusive and ends 12 months after you first obtain the publication.
6.2 If you are not an educator or primary school student this licence does not apply to you and you may make no use whatsoever of the publication other than in accordance with fair use rights under applicable intellectual property laws.
7. Revocation rights
7.1 The Australian Academy of Science may immediately revoke all licences or any licence in force under the terms of this Agreement at any time immediately, and at its absolute discretion, by posting a notice on its website or by direct communication with you.
8. Fair use laws
8.1 This Agreement, is not intended to, and does not, exclude the operation of fair use laws.
9. Risk, indemnity and disclaimers
9.1 To the full extent permitted by law, you agree that the publication is licensed to you entirely at your own risk and you agree that the Academy will not be liable to you under any circumstances and that you will not make any claim of any kind (whether in contract, tort, or under statute or otherwise) for any loss, cost, injury, damage or liability you or any other person may suffer however arising directly or indirectly in connection with your use of the publication.
9.2 To the full extent permitted by law, you agree to indemnify the Australian Academy of Science and its employees and officers against any loss, cost (including legal costs), claim, damages or liability, any of them may suffer as a result of any person bringing a claim, demand or proceeding against any of them arising directly or indirectly from your use of the publication.
9.3 The Academy excludes all representations and warranties and you agree that you have not received any warranties or representations of any kind from the Australian Academy of Science in relation to the publication, and your use of the publication under this Agreement, or this Agreement.
10. Obligations of legally constituted bodies
10.1 If you are a legally constituted body licensed under this Agreement, you agree to ensure that your employees, agents, contractors and students comply with this Agreement and that you are legally responsible for any breach of this Agreement by your employees, agents, contractors or students.
11. Applicable law
11.1 This Agreement is governed by the laws applicable in the Australian Capital Territory and the parties irrevocably submit to the jurisdiction of any court able to exercise jurisdiction in that territory.
12. Amendments
12.1 This Agreement may not be varied except in writing signed by all of the parties.
13. Severability
13.1 If any provision of this Agreement is held to be unlawful, invalid, unenforceable or in conflict with any rule of law, statute, ordinance or regulation, it is to be severed so that the validity and enforceability of the remaining provisions are not affected.
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