eBooks on Thomson Reuters ProView
CONTENT LICENCE AGREEMENT
IMPORTANT – READ CAREFULLY. This eBook Content Licence Agreement (“the Agreement”) is an agreement between Thomson Reuters (Professional) Australia Limited (ABN 64 058 914 668) of 100 Harris Street, Pyrmont, NSW 2009, Australia (“us”) and you as the licensee (“you”) who has purchased access to the digital Proview eBook version of a literary work published by us (“the eBook”). This Agreement is to be read in conjunction with our Conditions of Sale http://www.thomsonreuters.com.au/terms/conditions-of-sale.aspx. Any matter relating to your purchase of access to the eBook not expressly dealt with in this Agreement is governed by our Conditions of Sale. Where there is any inconsistency between the terms of this Agreement and the Conditions of Sale, the terms of this Agreement prevail. Note that your use of the Proview Software that enables you to access this eBook is governed by the Proview Software Licence which can be viewed at http://thomsonreuters.com/proview/en/lic_agreement/aus_license_agreement/. By using the eBook, you accept the terms and conditions of this Agreement. If you do not wish to accept these terms, do not download or access the eBook.
- 1. Notes and Annotations and Subscriptions
- 1.1. You may create notes and annotations (“Notes and Annotations”) throughout the eBook which will be web hosted by Thomson Reuters and accessible to you in accordance with the terms and conditions in this Agreement.
- 1.2 Non-Subscription eBooks:
The licence to use non-subscription eBooks that are not updated or for which you have not purchased a licence for updates, includes continuing access to the version of the purchased eBook only and your own Notes and Annotations.
- 1.3 Subscription eBooks:
The licence for eBooks that are updated includes continuing access to the version you have purchased as well as continuing access to any updates published during the period of your subscription and your Notes and Annotations.
- 2. Licence
- 2.1 We hereby grant to you a non-exclusive, non-transferable, limited licence to download and/or access the eBook online via the Proview Software (“the Software”) for the duration of the term solely in the regular course of legal and other research, related work and study.
- 2.2 You may:
- (a) use the eBook and browse and search the content within the eBook (“the Content”);
- (b) download and temporarily store insubstantial portions of the Content to a storage device under your exclusive control, solely:
- (i) to internally display such Content; and/or
- (ii) to quote excerpts from the Content by electronic cutting and pasting or other means into essays, theses, professional advice, papers, submissions, communications to and publications for students, clients and potential clients, the preparation of tenders, reports, submissions and other like documents (“Work Product”) created in the regular course of research, study, supplying educational services or the giving of professional advice;
- (c) create and store with your eBook account, your subscriber generated Notes and Annotations.
- 2.3. You may not without our express prior written permission or as permitted by applicable laws:
- (a) copy all or part of the eBook, save and except insubstantial portions and portions associated with your Notes and Annotations, onto a memory storage facility of any computer other than your own computer;
- (b) store or use Content in any database or other storage facility in either paper or electronic form which is intended for the storage and/or provision to its users of access to know-how;
- (c) sell, license or distribute Content to third parties or use Content as a component of or as a basis for any material offered for sale, licence or distribution;
- (d) copy, modify, alter, disassemble, de-compile, translate or convert into human readable form or reverse engineer all or any part of the Content;
- (e). remove, alter, circumvent or tamper with any trademarks, copyright notices, copyright protection devices, disclaimers or other legal notices; or
- (f) in any other way reproduce, copy, download, print, scrape, store, publish, transmit, re-transmit, transfer, communicate, distribute, disseminate, broadcast, circulate, sell, resell or other otherwise use the Content or any portion of the Content in any form or by any means.
- 3. Intellectual Property Rights
- 3.1 You acknowledge that all intellectual property rights, including copyright, trade marks, patents or rights to trade secrets in the eBook other than your subscriber generated Notes and Annotations, belong to us, or our suppliers or licensors, as the case may be and that your rights to use the eBook do not extend beyond the limited licence expressly granted in this Agreement.
- 4. Password and Registration Key and Technical Matters
- 4.1. You will only be able to view the browser version of the eBook via the internet.
- 4.2. In order to view the eBook, you are required to use the most current version of the Software and wireless access is required to re-synchronise your access.
- 4.3. You are responsible for all access to and use of eBooks by means of your equipment, password and/or registration key, whether you have knowledge of or authorise such access and use. Therefore you must take all means reasonably possible to keep your equipment, passwords and registration keys secure at all times.
- 4.4. Passwords and/or registration keys are issued to you in your personal capacity only and cannot be shared with anyone else, irrespective of whether they are employed by the same organisation as you.
- 4.5. If your password or registration key is lost or stolen, you must immediately notify us by telephone and confirm such notice in writing. Once we receive notification from you, we will make every effort to cancel the password and/or registration key as soon as is possible under the circumstances. You will be responsible for any charges incurred prior to cancellation by us and we reserve the right to change passwords or registration keys at any time, subject to giving you prior written notice.
- 5. Disclaimer of Warranties and Limitations of Liability
- 5.1. The eBook to which you have purchased access is not a substitute for legal or other professional advice.
- 5.2. Subject to the provisions of clause 13 of the Conditions of Sale:
- (a) the eBook and the content and functionality of the eBook are provided “as is” without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, fitness for a particular purpose, accuracy, completeness or currency nor do we warrant that your access will be uninterrupted or free from any software virus or other harmful component; and
- (b) we shall not be liable for any loss or injury arising out of or caused in whole or in part by our negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating or delivering the eBook nor shall we be liable for any indirect or consequential punitive or special damages or loss of profit.
- 6. Term and Termination
- 6.1. This licence granted pursuant to this Agreement comes into effect when you first access the eBook via the Software and shall continue in force for as long as you have access to the eBook.
- 6.2. You may not cancel the purchase of access to an eBook or return a print copy of a publication sold in conjunction with an eBook.
- 6.3. We can immediately terminate or suspend access to the eBook at any time by giving you written notice if:
- (a) there are, for example, changes in law or circumstances relating to the ongoing availability of the eBook or we lose the right to offer the eBook Content or the Software is discontinued or superseded; or
- (b) you commit a material breach of this Agreement which cannot be remedied or which you fail to remedy within the period specified in the Conditions of Sale.
- 6.4. We may, at our sole discretion, use commercially reasonable practices to provide the Content to you in another media format (where this is available) or upgrade you to a more recent version of the Software or Content to maintain your access.
- 7. General
- 7.1. Except as expressly stated in this Agreement, the Agreement embodies the entire agreement between the parties with respect to its subject matter and supersedes any and all prior understandings and agreements, oral or written, relating to it.
- 7.2. We may amend the terms and conditions of this Agreement by posting an updated version online which shall take effect on such posting unless stated otherwise.
- 7.3. Neither this Agreement nor any part or portion thereof shall be assigned, sub-licensed or otherwise transferred by you without our prior written consent. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. Failure of either party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and shall not constitute a part thereof.
eBook Content Licence Agreement AU v1 10.11