|
LIVE-WIRE LEARNING
SOFTWARE SUB-LICENCE AGREEMENT
Please read the following terms and conditions before accessing
this programme.
It is a legal agreement between you (End User) and Ibolte.
By purchasing a licence key, you acknowledge you have read this Agreement,
understood it and by your acceptance, you agree to be bound by its terms and
conditions.
1. Basic Use:
Ibolte grants you, the user a limited, non-transferable, non-exclusive
Sublicence to install the CD ROM or access the web version and use the enclosed
programmes and related files (“software”) on one computer at a time for use by a
single individual.
It is a Sublicence, not sold.
No other use is authorised without the express approval of Ibolte in writing.
In using this programme, you acknowledge all intellectual property rights, title
and full ownership of the software remains exclusively the property of and are
reserved to Ibolte and its Licensor.
Ibolte has been given the right to issue a Sublicence to End Users (this
Sublicence). Ibolte grants to the End User a Sublicence solely for the subjects
of Live-Wire Learning on this site.
2. Copyright and Ownership of the Data and Copying:
The End User acknowledges that the content, including text and graphics are
copyrighted © 2003 Live-wire Learning, and the software are protected by
International and New Zealand copyright law, all rights reserved.
It is illegal to create, distribute or allow distribution of unauthorised copies
of the content and software.
Anyone guilty of such unethical deeds may be personally liable to fine and
imprisonment as well as Civil Damages.
You must make sure that content and software are not stored on other people’s
Hard Disks or Computers.
You may not rent, lease, loan or resell for profit the content and software.
3. Restrictions:
You (End User) agree not to reverse engineer, de-compile, disassemble or
translate the software or otherwise attempt to derive the source code of the
software except to the extent allowed by applicable law or to contest any of
Ibolte’s/Live-Wire Learning’s intellectual property. Applicable law allows any
information discovered must be disclosed to Ibolte/Live-wire Learning and shall
be deemed confidential and proprietary information of Ibolte/Live-wire Learning.
Any attempt to transfer any of the rights, duties or obligations under this
Licence are void.
4. Confidentiality:
Single user licence codes for the CD ROM can only be used once and on one
machine. Licence codes purchased for the web version can only be used once.
Usernames, User IDs, and passwords are strictly confidential. Multi use of one
login is strictly forbidden unless by prior arrangement.
5. Enhancements:
Any enhancement modifications, if any, made by Ibolte/Live-wire Learning from
time to time are part of the software and are subject to the same conditions.
6. Disclaimer of Warranty and Limitation of Liability:
Ibolte is a licensed user of Live-wire Learning. The End User agrees
Ibolte will not be liable for consequential, special, indirect or other similar
damages or claims, including loss of profits or any other commercial damage.
In no event will Ibolte’s liability for damages to you or any other person ever
exceed the greater of $1.00 or the Licence Fee price paid for the software,
regardless of any form of claim.
Ibolte specifically disclaims all other warranties, expressed or implied,
subject to the Consumer Guarantees Act 1993 (New Zealand) unless the software is
used for "business purposes".
Ibolte makes no representations of warranty with respect to the merchantability
or fitness of the software for any particular purpose, business or application.
The entire risk arising out of use or performance of the software remains with
you.
Ibolte is not responsible for viruses that may be downloaded on to your computer
or any effects as a consequence of using the Ibolte site or receiving emails
from Ibolte.
7. Term:
The term of this Sublicence is until the end of the Academic Year (as
defined in the Education Act 1989) provided. However, if this website is
deactivated for any reason prior to the end of the Academic Year, the
Sublicensee will be offered a CD version which contains all the content and
information of the software and system at the date of deactivation.
This Sublicence is effective until terminated.
Termination will occur automatically without notice from Ibolte in the event
that you fail to comply with any of the provisions of this Sublicence.
Upon termination, you may must destroy any written materials and all copies of
the software. Clauses 2, 6, 7, 9, 10 and 11 survive termination of this
agreement.
8. Export Restrictions:
You agree that you will not download, export or re-export the
software to any country, person, entity or End User except in full compliance
with applicable New Zealand laws and regulations and this Agreement.
9. Contracting Parties (School):
If the software is installed on computers owned by a corporation,
including any school within the meaning of the Education Act 1989 or any Act in
substitution, or other legal entity, then this agreement is formed by and
between Ibolte/Live-wire Learning and such entity. The individual or person
acknowledges in executing this agreement represents and warrants to Ibolte/Live-wire
Learning that they have the authority to bind such entity to the terms and
conditions of this agreement.
10. Indemnity:
You agree to defend and indemnify Ibolte/Live-wire Learning against
all claims, losses, liabilities, damages and costs including lawyer's fees which
Ibolte/Live-wire Learning may incur if you breach this agreement.
11. Invalidity:
If any provision of this agreement shall be invalid, the validity of
the remaining provisions of the agreement shall not be affected.
12. Entire Agreement:
This Agreement is the entire agreement with Ibolte/Live-wire Learning
Limited, with regard to this software and supersedes all prior agreements,
written or oral, and other communications between Ibolte/Live-wire Learning and
you with respect to the software.
13. Governing Law:
This Sublicence Agreement is governed by and shall be construed in
accordance with the Laws of New Zealand and the parties irrevocably submit to
the jurisdiction of New Zealand laws.
14. Information:
Live-wire Learning is the registered service mark of Live-wire
Learning Limited and the logos used in this software are the intellectual
property of Live-wire Learning Limited. Any unauthorized use is prohibited.
Ibolte is a company registered under New Zealand Law and is a Licensee of
LiveWire Learning Limited.
Should you have any questions concerning this Sublicence or if you desire to
contact Ibolte for any reason, please contact Ibolte.
15. Refund Policy:
Ibolte does not issue refunds. Payments are full, final and for the
period of time stipulated.
16. Disclaimer of Effectiveness:
While Live-wire Learning provides an opportunity for students to
learn, we cannot guarantee the effectiveness of that at learning because of all
the factors involved in the learning and revision process.
Likewise, we acknowledge that the question types differ from that used in actual
NCEA exams and that the level a student works at in this programme does not
guarantee that he/she will achieve that grade in an actual exam.
We have made every effort to ensure that the material reflects, as closely as
possible, the requirements of the NCEA Achievement Standards.
PRIVACY STATEMENT
(PRIVACY ACT 1993)
A. Background
This is the web site of Ibolte/Live-wire Learning a registered trademark.
Our postal address is:
Ibolte Limited
3 Avenal Street
Invercargill
New Zealand
Our phone number
In New Zealand: 03 218 4747
from overseas: 64 3 218 4747
We can be reached via e-mail at
editor@livewirelearning.co.nz
B. Notice and Disclosure
1. This Online Privacy Statement is made available to you in order to
make you aware of how IBOLTE/LIVE-WIRE LEARNING collects and uses individual
identifying information of visitors to IBOLTE/LIVE-WIRE LEARNING's website.
IBOLTE/LIVE-WIRE LEARNING respects your privacy.
2. IBOLTE collects information about users during their registration for our
products and their participation in certain activities on our websites,
including contests and polls; and through the use of cookies.
3. IBOLTE uses the individual identifying information in order to personalize
your experience on our website and help provide security. These addresses are
used by computers on the network to send the requested pages to users. In order
to access certain portions of our website, such as LIVE-WIRE LEARNING modules
and COOLPAGES users must register and provide certain information about
themselves.
4. When users request pages from our server, our Web server automatically
collects some information about the users, including their IP addresses. IBOLTE
uses users' IP addresses to help diagnose problems with our server and to
administer our website. We also use it to gather broad demographic information
about our users in general. This information does not contain anything that can
identify users personally.
5. We collect the e-mail addresses of those who communicate with us via e-mail,
the e-mail addresses of those who make postings to our chat areas, and aggregate
information on what pages consumers access or visit. We collect information
volunteered by the consumer, such as survey information and/or site
registrations.
6. IBOLTE does not give advertisers information about individual users of IBOLTE.
7. We do not partner with or have special relationships with any ad server
companies.
8. We may combine demographic information supplied by a subscriber at
registration with site usage data to provide profiles, in aggregate form, about
our users and their preferences in the content of the site and advertising.
9. IBOLTE is committed to taking reasonable steps to protect the individual
identifying information that you provide to us. The accuracy of your individual
identifying information is important to IBOLTE. We are working on ways to make
it easier for you to review and correct the information that IBOLTE maintains
about you.
10. Registered IBOLTE/LIVE-WIRE LEARNING users can review their individual
identifying information by logging in and changing their details.
C. Use of Cookies
1. Our site uses cookies to deliver content specific to users' interests and to
honour their preferences. This information is used to assist us in creating a
site that will serve the needs of our users.
2. A cookie is a small data file that certain Web sites write to your hard drive
when you visit them. A cookie file can contain information such as a user ID
that the site uses to track the pages you've visited, but the only personal
information a cookie can contain is information you supply yourself.
3. A cookie can't read data off your hard disk or read cookie files created by
other sites. Some parts of LIVE-WIRE LEARNING use cookies to track user traffic
patterns. We do this in order to determine the usefulness of CCO information to
our users and to see how effective our navigational structure is in helping
users reach that information. IBOLTE Systems does not correlate this information
with data about individual users, nor does it share this information or sell it
to any third party.
4. With respect to cookies: IBOLTE uses non persistent cookies to store visitors
preferences, customize Web page content based on visitors' browser type or other
information that the visitor sends.
5. IBOLTE does not write any cookies to the users hard drive or attempt to
access any email addresses or personal information on the users computer.
6. IBOLTE uses all reasonable precautions to keep the personal information
disclosed to us secure and to disclose such information only to responsible
third parties after permission from the user.
D. General
1. IBOLTE is not responsible for the content or the privacy polices of websites
to which it may provide links or the websites of its advertisers, although all
websites to which IBOLTE/LIVE-WIRE LEARNING links have been checked and are
monitored for appropriate content.
2. If you have any questions about this privacy statement, the practices of this
site or your dealings with IBOLTE, you can contact:
editor@livewirelearning.co.nz
3. From time to time, we may use customer information for new, unanticipated
uses not previously disclosed in our privacy notice.
4. If our information practices change at some time in the future we will use
for these new purposes only data collected from the time of the policy change
forward.
5. If you feel that this site is not following its stated information policy,
you may contact us at the above addresses or phone number, The Privacy
Commissioner by phone at 09 302 8680, Privacy Enquiries 09 302 8655, fax 09 302
2305, e-mail privacy@prolink.co.nz or electronically at www.privacy.org.nz.
|