Lexicom Learning Terms and Conditions of Enrolment
Enrolment in this course is subject to acceptance by you of the Lexicom Learning Courseware License Agreement (this “License”). This agreement is a legal agreement between you (the individual or single entity who has purchased this License) and Lexicom Learning Pty Ltd (ABN 84 138 115 278) (“Lexicom”). By installing, copying, downloading, accessing or otherwise using the Courseware, you agree to be bound by the terms of this License and to comply with Lexicom policies and procedures as published on the Lexicom website from time to time. If you do not agree to the terms of this License, do not use the Courseware. All rights not expressly granted herein are expressly reserved and retained by Lexicom.
1. DEFINITIONS. The following definitions apply wherever used in this contract:
A. “Courseware” means the Software, text, audio, video media, workbooks, exercises and activities, and any other materials delivered by Lexicom together with this License.
B. “You” means the person or entity that has purchased this License.
C. “License Fees” means the license fees charged by Lexicom for the licenses granted herein.
D. “Software” means any machine readable code provided with the Courseware that may be accessed or installed on one or more computer systems, but only in accordance with this License.
E. “Software Documentation” means the instructions for installation and use of the Software accompanying the Software.
F. “Support” means any technical assistance from time to time made available by Lexicom in connection with the Courseware, whether provided by telephone, on-line or otherwise.
2. LICENSE GRANT. Subject to the provisions contained herein and the full payment of all applicable License Fees, Lexicom hereby grants to you a non-exclusive and non-transferable license to use the Courseware and to access, install and use the Software on any computer; provided that the Courseware is used only by a single person and any Software is only installed on one computer at any given time. The Software may not be installed in any manner that makes it accessible by more than one computer via a computer network. THE COURSEWARE IS THE COPYRIGHTED WORK OF LEXICOM LEARNING PTY LTD OR ITS SUPPLIERS AND IS PROTECTED BY WORLDWIDE COPYRIGHT LAWS AND INTERNATIONAL TREATY PROVISIONS. THE COURSEWARE IS ONLY LICENSED TO YOU AND IS NOT SOLD.
3. PERIOD OF LICENCE. License to access the Courseware is granted for 6 months from the date of enrolment. You may apply in writing for an extension of up to 1 month without question and at no charge. Applications for extensions are STRICTLY ONE TIME ONLY and MUST BE RECEIVED NO LESS THAN 30 DAYS BEFORE THE END OF YOUR 6 MONTH ENROLMENT. All other applications for extension will be rejected and a new enrolment will be required to continue to access the Courseware.
4. REFUNDS. Prior to accessing the student area of the website referred to as “myStudyRoom” a full refund may be requested (less a 20% administration fee) by sending a written notice to Lexicom within 7 calendar days of enrolment. Due to the online nature of the Courseware refunds are not available after logging in to the student area of the website. A pre-purchase assessment of the Courseware may be undertaken by viewing a free sample of the Courseware on the Lexicom website prior to enrolling.
5. RIGHTS RESERVED. Except for those licenses and rights specifically granted herein, Lexicom (and its licensors, as applicable) reserve all right, title and interest in and to the Courseware (including the Software). Without limiting the generality of the foregoing, you are prohibited from reverse engineering the Software and from modifying or creating any derivative based on the Courseware (including the Software).
6. SOFTWARE AND OTHER COURSEWARE MATERIALS; UPDATES; SUPPORT. Lexicom shall provide access to the Courseware to you electronically, via the World Wide Web. This License does not grant you any right to any enhancement or update to the Software or other Courseware materials. Enhancements and updates, if available, may be obtained by you at Lexicom’s then current standard pricing, terms and conditions. This License grants you limited technical and course related email support. Technical support covers attempts to diagnose issues relating to access of the Courseware but does not cover support for hardware used by you to access Courseware. Use of support is subject to fair use which is determined by Lexicom in its sole discretion
7. TRANSFERS PROHIBITED. The license granted hereunder is non-transferable. You are prohibited from selling, loaning, renting, leasing, sublicensing, transmitting, distributing, redistributing, or otherwise transferring or assigning any part of the Courseware to any third party at any time whether with or without consideration. Without limiting the generality of the foregoing, any transmittal or transfer of the Courseware on the Internet or by other electronic means is prohibited. ANY REPRODUCTION OR DISTRIBUTION OF THE COURSEWARE, OR TRANSFER OF THIS LICENSE NOT IN ACCORDANCE WITH THE EXPRESS TERMS OF THIS LICENSE IS PROHIBITED AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES. ANY ACTUAL OR ATTEMPTED SALE, LOAN, RENTAL, LEASE, SUBLICENSE, TRANSMISSION, DISTRIBUTION OR REDISTRIBUTION OR OTHER TRANSFER OR ASSIGNMENT OF THE COURSEWARE OR THIS LICENSE, IN WHOLE OR IN PART, IN ANY MEDIA OR BY ANY METHOD, SHALL IMMEDIATELY AND IRREVOCABLY TERMINATE THIS LICENSE AGREEMENT FOR ALL PURPOSES.
8. LIMITED WARRANTY. Lexicom warrants that the Courseware, if operated as directed, will substantially achieve the functionality described in the related promotional material. Lexicom does not warrant, however, that your use of the Courseware will be uninterrupted or that the operation of the Courseware will be error- free or secure. Lexicom also warrants that the Courseware will be free from defects in material and workmanship for a period of ninety (90) days following your purchase. In the event Lexicom receives written notice from you of any defects within the warranty period, Lexicom in its sole discretion shall: (i) in the case of defective Software media, advise you how to achieve substantially the same functionality with the Software as described in the Software Documentation through a procedure different from that set forth in the Software Documentation; or (ii) replace your defective media or materials. The sole liability of Lexicom for any defect or breach of warranty shall be the remedies set forth herein.
THE FOREGOING ARE LIMITED WARRANTIES AND ARE THE ONLY WARRANTIES MADE BY LEXICOM. LEXICOM HEREBY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NONINFRINGEMENT OR ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EXCEPT WHERE PREVENTED BY LAW. THE LIMITED WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. NO LEXICOM EMPLOYEE, AGENT, SUPPLIER OR RESELLER IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY.
Notwithstanding any other provision herein, the limited warranties shall immediately terminate if: (i) any modifications are made to the Software by you at any time; (ii) the Courseware media or materials are subjected to accident, abuse, or improper use; (iii) the Courseware or Software is used on or in conjunction with hardware or programs other than the unmodified version of hardware and programs with which the Software was designed to be used as described in the relevant promotional material on the Lexicom website; or (iv) you violate any of the terms or conditions of this License.
9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL LEXICOM OR ITS SUPPLIERS OR RESELLERS OR ANY OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS THEREOF BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE ANY OF THE COURSEWARE (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, OR OTHER PECUNIARY LOSS), EVEN IF LEXICOM SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL LIABILITY FOR DAMAGES EXCEED THE AMOUNT OF THE LICENSE FEE PAID TO LEXICOM FOR THIS LICENSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
10. TERMINATION. Without prejudice to its other rights hereunder, Lexicom may terminate this License if you violate or breach any term or condition hereof. In the event of such termination, you must immediately destroy all copies of the Courseware and cease all use thereof.
11. INJUCTIVE RELIEF. You acknowledge and agree that the remedy at law for any breach of any of the terms of this Agreement may be inadequate, and you therefore agree and consent that temporary and permanent injunctive and other equitable relief may be granted in any proceeding which may be brought to enforce any provision hereof, including within such other equitable relief, specific performance, without the necessity of proof of actual damage or inadequacy of any legal remedy.
12. BINDING EFFECT. Subject to the prohibitions on transfer and assignment hereof, this Agreement shall inure to the benefit of and be binding upon each of the parties hereto and their respective officers, directors, employees, shareholders, owners, partners, agents, representatives, parents, subsidiaries, affiliates, heirs, devisees, successors and assigns.
13. MISCELLANEOUS. This Agreement represents the sole and exclusive agreement between the parties concerning the subject matter hereof and supersedes all prior agreements, communications, proposals and representations. This Agreement may be amended only by a writing executed by both parties. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. In the event that any provision of this Agreement shall be held by the final judgment of a court of competent jurisdiction to be invalid or unlawful or unenforceable, then the remaining provisions of this Agreement shall remain in full force and effect and shall be construed to give the fullest effect to the intent of the parties expressed herein. Headings shall not be considered in interpreting this Agreement. This Agreement shall be governed by and construed under the laws of the New South Wales, and Australia, and the parties hereto consent to jurisdiction and venue in the courts of New South Wales or the Australian Federal Court. The parties further agree not to disturb such choice of forum, and if not resident in such state, waive the personal service of any and all process upon them, and consent that such service of process may be made by certified or registered mail, return receipt requested, addressed to the parties as set forth herein.
14. CHANGES TO DETAILS. It is your responsibility to inform Lexicom in writing of any corrections or changes to your personal details including name, address and phone numbers.
15. TERMS AND CONDITIONS SUBJECT TO CHANGE. These Terms and Conditions are subject to change without notice. You should always check the Lexicom website for the current and official version of this document.