Terms & conditions
Permission to use JIIG-CAL Australia Software (the “Software”) is conditional upon the user agreeing to the terms set out below. The Software is offered to the user on the condition that these terms are agreed and accepted. Acceptance will bind the user and the user’s employees and agents. By clicking “I Accept” at the end of these terms and conditions, the user will be deemed to have accepted the terms of this licence agreement (the “Agreement”).
1. GRANT OF LICENCE
1.1 Subject to the use of the Software in accordance with the installation documentation and the accreditation requirements:
(a) A Licence from JIIG-CAL Australia Pty Ltd permits you to use the Software on any computer connected to the Internet;
(b) A Licence from JIIG-CAL Australia Pty Ltd permits you to access and use the software on a local area network and/or on any number of computers, at a single site or campus;
1.2 This Licence Agreement is annual and may change in the future. Continued use of the Software is conditioned upon the receipt by JIIG-CAL Australia of full payment of your annual licence subscription, but shall be subject to termination as provided herein. Your rights to use the Software are limited to those expressly granted in this agreement. All documentation and all releases, corrections, updates and enhancements provided to you shall be considered part of the “Software”.
2.1 JIIG-CAL Australia retains ownership of the Software, in whole and in part and all copies thereof, and whether in its original form or as modified by the user during the term of this Licence. Further, JIIG-CAL Australia retains all ownership rights in the information displayed using the Software (the “Information”). The Information is copyrighted and may not be copied, even if modified or merged with other data or software. You are only licensing rights to use the Software and the Information available to be viewed using the Software.
2.2 All Intellectual Property Rights in the Software are retained by JIIG-CAL Australia. For the purposes of this section, Intellectual Property Rights means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, designs, patents, circuit layouts, business and domain names, inventions, and other results of intellectual activity in the industrial commercial, scientific, literary or artistic fields.
2.3 You agree not to delete or in any manner alter the copyright, trademark, or other proprietary rights notices of JIIG-CAL Australia appearing on or in the Software, screen outputs and prints generated with the Software or accompanying documentation as delivered to you.
2.4 Nothing in this agreement affects the ownership of moral rights in the software. For the purpose of this section “moral rights” has the meaning given by the Copyright Act 1968 (Cth) (the “Copyright Act”).
3. LICENCE RESTRICTIONS
3.1 Without limiting the operation of sections 47B(3), 47C, 47D, 47E or 47F of the Copyright Act:
You shall not copy the Software, information, screen outputs or prints in whole or in part, except you may make copies in machine readable form, only as may be necessary for backup and security purposes and provided that the backup copy must include all copyright information contained on the original;
You shall not reverse assemble or reverse compile the Software information, screen outputs or prints in whole or in part; and
You shall not decompile, disassemble, translate, modify or make derivative works of the Software, Information, or accompanying documentation screen outputs or prints in whole or in part.
3.2 Further, you shall not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Software, prints or screen outputs or any part thereof or use it in any manner not expressly authorized by this Agreement or without the consent of JIIG CAL Australia. Any attempt to transfer any of the rights, duties or obligations hereunder except as expressly provided for in this Agreement is void.
3.3 The Software contains confidential and trade secret information of JIIG-CAL Australia, and you shall at all times take reasonable steps to protect the confidentiality of such information.
3.4 You agree to use your best endeavours and to take all reasonable steps to safeguard the Software and ensure that no unauthorised person has access to the Software and that there is no unauthorised copying or distribution of the Software.
4.1 JIIG-CAL Australia will take all reasonable steps to ensure but does not warrant that the Software will be free from defects in materials and workmanship under normal use.
4.2 JIIG-CAL Australia warrants that all Software supplied under this Agreement will be supplied free of viruses or other similar intentionally disabling code. The Software is inherently complex and may not be free of errors, defects or faults. JIIG-CAL Australia remains indemnified from any claim of compensation or refund arising from Software errors, defects, faults or difficulties installing the Software. JIIG-CAL Australia may at its discretion remedy any such errors, defects or faults as and when it is able to do so.
4.3 References made either in the Software or in the data displayed using the Software may include reference to products, services, trademarks or hyperlinks of third parties. No such reference(s) shall constitute or imply an endorsement or recommendation by JIIG-CAL Australia. In addition, you should exercise caution when using Information displayed using the Software. The Information displayed using the Software is to be used only as an aid in career planning. Information is updated at least annually and great care is taken when researching this information. But sometimes career details can change rapidly. JIIG-CAL Australia makes no guarantees concerning the accuracy, currency, or quality of the content displayed using the Software.
4.4 The above warranties are exclusive and in lieu of all other warranties, whether express or implied, and JIIG-CAL Australia in so far as is permitted by the law, expressly disclaims all other warranties and conditions, including the implied warranties and conditions of non-infringement, merchantability, and fitness for a particular purpose. No oral or written information or advice given by JIIG-CAL Australia, its employees, distributors or agents shall increase the scope of the above warranties or create any new warranties.
5.Limitation of Liability.
5.1 In so far as is permitted by the law, in no event shall JIIG-CAL Australia or its employees, distributors or agents be liable to you or any other party for indirect, special, incidental or consequential damages of any kind whether at equity or at common law and howsoever arising in relation to this Agreement, or through the installation and use of the software, even if advised of the possibility of such damage and notwithstanding the failure of essential purpose of any remedy.
5.2 JIIG-CAL Australia’s and its employees’, distributors’, dealers’ and agents’ aggregate total liability under this Agreement will be limited to the licence fee paid to JIIG-CAL Australia or its authorized agent by you. You expressly assume all responsibility for any damages, lost data, lost profits and other consequential damages that may result in any way out of this Agreement, including without limitation, use of the Software. You expressly agree that the licence fee has been negotiated and agreed to by JIIG-CAL Australia based in part upon the foregoing limitation of liability.
Continued use of the programs and the annually updated Software and Jobfile (database of jobs and courses) is contingent on the payment of the annual subscription.
Failure to comply with any provision of this agreement will cause this Licence Agreement to terminate automatically without notice from JIIG-CAL. Upon termination the Software must be deleted from all computers and all disks and documentation and copies returned to JIIG-CAL Australia.
8. COMPLIANCE WITH LAW
You agree to comply with all laws and regulations of all jurisdictions in your use of the Software and related information.
9.1 Assignment: This Agreement will bind and inure to the benefit of each party’s successors and assigns, provided that you may not assign this Agreement, in whole or in part, without JIIG-CAL Australia’s prior written consent.
9.2 Severability: If any provision of this Agreement is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and if not possible, severed, and the legality and enforceability of the other provisions of this Agreement will not be affected.
9.3 Survival of Obligations: The provisions of Sections 2 (Ownership), 5 (Limitation of Liability), and 9 (General) will survive termination of this Agreement.
9.4 Governing Law: This Agreement will be governed by and construed in accordance with the laws of Western Australia applicable to agreements entered into and to be performed entirely within Western Australia.
9.5 Entire Agreement: This Agreement constitutes the entire agreement between you and JIIG-CAL Australia with respect to the use of the Software.