This Licence Agreement sets out the terms and conditions under which John Wiley & Sons Australia, Ltd ABN: 67 009 673 081 of 42 McDougall St, Milton, QLD 4064, Australia (‘Wiley’) grants the user (‘You’) the rights to use the JacarandaPLUS online product.
JacarandaPLUS (‘JacPLUS’) is the online portal for Wiley’s digital resources for teachers and students. You will need to create a JacPLUS account in order to access Wiley digital resources which you have or will purchase.
1. Licensed Rights
For good and valuable consideration, including the use by You of the JacPLUS digital resources, Wiley grants You the non-exclusive licence to access, read and use JacPLUS on the following terms and conditions. This licence is non-transferable.
2. Conditions of Use
You will use JacPLUS for your personal use only in the course of research or study, or as part of the preparation and execution of class lessons by a registered teacher.
Personal use means any reasonable use for your own learning and education. You may view and use JacPLUS online through Wiley’s website, and agree to abide by the terms and conditions which accompany the digital resource programs accessed through JacPLUS.
In order to maintain the security of the digital resource programs accessed through JacPLUS, You agree You will not:
use or attempt to use JacPLUS on more than one computer at any one time;
share or allow anyone else to use your JacPLUS password when You are not using it;
make JacPLUS, or any part thereof, available on public internet sites or in any way allow anyone without authorised access to read, download or access JacPLUS.
You acknowledge that copyright in the JacPLUS compilation vests in Wiley or its licensees
3. Term and Termination
The licence granted for your use of JacPLUS is ongoing, however Wiley may terminate Your account if there are no active digital resources being accessed through JacPLUS or if there has been no account activity for more than twelve months.
If Your account is terminated any stored personalised settings or information held within JacPLUS will be deleted.
If Wiley determines you have breached this Licence Agreement, your licence and password may be automatically terminated. If Wiley terminates the licence due to a breach, such termination will be in addition to and not in lieu of any equitable, civil, or other remedies available to Wiley.
Upon termination, You agree to delete JacPLUS, or any part thereof, which You may have retained in print or electronic form.
4. Wiley's Rights
You acknowledge that all rights (including without limitation copyrights, patents and trademarks) in JacPLUS (including without limitation the structure, sequence, organisation, flow, logic, source code, object code and all means and forms of operation of JacPLUS) are the sole and exclusive property of Wiley, and/or its licensors. You agree to protect JacPLUS from unauthorised use, reproduction or distribution. You further agree not to decompile, disassemble or otherwise reverse engineer the underlying source code of JacPLUS.
You may use JacPLUS in accordance with this licence or in accordance with the fair use exceptions of the Copyright Act 1968 (Cth). Nothing in this Agreement allows You to on-license JacPLUS or any part thereof, or to communicate JacPLUS to the public.
5. Warranty and Indemnity
Wiley will use its best endeavours to provide continued access to JacPLUS for the length of the Term, but does not guarantee any such availability, and access to JacPLUS may be intermittently unavailable due to repair and maintenance, and other events out of Wiley’s control.
In no event will Wiley or its licensors be liable to You for any damages, including without limitation lost opportunity, lost profits, lost savings, or other incidental or consequential damages arising out of the use or inability to use JacPLUS.
You warrant that You will not use JacPLUS otherwise than in accordance with the terms of this Licence Agreement. If Wiley deems it necessary, Wiley may pursue injunctive relief to protect its copyright in JacPLUS, as well as pursuing any other remedies available at law.
6. Interpretation and Procedural
The headings in this agreement shall not affect its interpretation and are for convenience only.
The singular includes the plural and vice versa.
This Agreement embodies the entire understanding and agreement between the parties as to its subject matter of this Agreement.
If a dispute arises in relation to this Agreement, the parties shall use all reasonable endeavours to resolve it amicably and expeditiously.
This Agreement will be construed and interpreted according to the laws of the State of Queensland in Australia; any legal action will be instituted in a court of competent jurisdiction in Brisbane; and each party consents and submits to the personal jurisdiction of such court, waives any objection to venue of such court, and consents to service of process by registered or certified mail, return receipt requested, at such party’s last known address.
8. Changes and Notification
These terms and conditions are subject to change from time to time at the sole discretion of Wiley. Wiley will display a notice of such changes on your JacPLUS home page, and continued use of JacPLUS is deemed to be acceptance of any new terms and conditions. You agree that Wiley may, from time to time, notify you regarding updates, additions or amendments to JacPLUS and any associated services.
-- David Baines Tel UK: 0131 442 4694 Mobile: 0755 001 2621