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Acumen Licence Agreement

Last edited 12 December 2016

ACUMEN LICENCE AGREEMENT (Version 2.1)

IMPORTANT - READ CAREFULLY: By accessing or using Acumen, including any printed copies or downloaded content from it, you agree to be bound by the terms of this Licence. If you do not agree to the terms of this Licence, do not continue to access or use Acumen.

1. DEFINITIONS

'Licence' refers to this agreement 'Content' applies to: - the text on Acumen - the graphics on Acumen - the text and graphics within any document downloaded from Acumen 'Product Owner' is The Royal Australian Institute of Architects trading as the Australian Institute of Architects ("the Institute"), ABN 72 000 023 012 'Website' refers to: - the system design of the Website - the electronic security access programme 'Wholesale subscription' refers to: - a bulk subscription that is calculated on the number of potential Users in the Subscriber’s organisation who will be permitted access to Acumen 'Site' refers to physical premises where Acumen is to be used 'Website Design Owner' is I-Nex Corporation Pty Ltd ("I-Nex") ABN 56845203244 'Subscriber' refers to the person or entity who has paid for a current Acumen subscription 'Use' refers to online use of, printing or downloading Content from, Acumen. 'User' refers to a person or entity that makes use of Acumen.

2. PARTIES

This Licence is a legal agreement between you, a Subscriber or User (either an individual or a single entity), the Product Owner and the Website Owner, as owners or licensees of copyright in Acumen, respectively.

3. TERMS

3.1 In the following we refer to the person who accesses this Website as either 'you' or 'your', as the context requires.

3.2 You may only use Content provided on and through Acumen in accordance with the terms of this Licence, which includes the restriction of access described in clause 4, below.

3.3 Your access to and use of Acumen is conditional on your acceptance of these terms. If you do not accept these terms you must not access or use or continue to access or use Acumen.

3.4 As consideration for your acceptance of these terms, the Institute grants you a revocable, non-exclusive, non-transferable licence to access and use Acumen and to reproduce the Content in accordance with, and subject to, these terms.

3.5 If you have purchased an individual subscription or otherwise entered into another written agreement with the Institute, including a Wholesale Subscription, your access to and use of this Acumen is subject to and in accordance with the terms of that agreement. If there is inconsistency between that agreement and these terms, the terms and conditions of that agreement prevail.

4. SUBSCRIBER ACCESS

4.1 The Content is divided into two sections: (a) the Subscribers’ Section, accessed by a unique username and password, or other method of access at the sole discretion of the Institute (the 'Login') (b) a section that you may access without Login.

4.2 You will have been provided with a Login, if you: (a) have been granted a complimentary subscription, or (b) have purchased an individual subscription from the Institute, or (c) are an employee or officer of an organisation authorised to have access under a Wholesale Subscription, or (d) are a current staff member or enrolled student authorised to have access by an educational institution under a Wholesale Subscription. (e) you are authorised to have access under another agreement that is not a Wholesale Subscription.

4.3 You agree that: (a) the Login is required to access the Subscribers’ Section; (b) the Login is non-transferable (c) you will not disclose the Login to any other person, except in accordance with the directions of your employer, or organisation or Educational Institution; (e) you will keep the details of the Login safe and confidential; (f) you will not use a Login that has been issued by the Institute to some other person, employer, organisation, or Educational Institution; (g) the Institute may, at its sole discretion, suspend or cancel the Login if you are in breach of these obligations, or because the subscription under which it was granted has expired.

4.4 You agree that the Institute may, from time to time, and at its sole discretion: (a) vary the Login, or; (b) carry out maintenance or other work on Acumen that may limit or deny access to you indefinitely; or (c) restrict or deny access to Acumen or part of it, as compelled by, or to avoid or alleviate, breach of any law. (d) determine whether or not, and on what terms, a refund is payable.

4.5 You acknowledge and agree that the Institute does not promise or make any representation that: (a) Acumen, its Content, or the Website server are virus free, or (b) this Website or the Content are free of errors and defects or will be corrected.

5. PERMISSION TO USE OR REPRODUCE CONTENT

5.1 Provided you do not remove any copyright or trade mark notices contained on or in the Content, you may make temporary electronic copies of it as necessary to browse Acumen and you may download and print a copy of a page from the Website for non-commercial personal use, or research. Non-commercial use means use that is not for sale, resale, loan, transfer, hire or another form of commercial use, including copying Acumen Content for use on other web pages. If you are a User in an organisation granted access under a Wholesale Subscription, or other agreement, sufficient copies may be made for distribution to and use by those members of the organisation who are covered by the Wholesale Subscription or other agreement.

5.2 In addition to the above, if your login is provided by an educational institution, you may reproduce Content in accordance with published guidelines provided to you by the educational institution.

5.3 No commercial use, or use other than for personal or research use, is permitted without the express written permission of the Institute.

5.4 All content reproduced must acknowledge the author and source of the material.

5.5 You acknowledge and agree that: (a) the information contained in the Content may be out of date; and (b) you may not rely on any of the Content without first making independent enquiries to verify facts.

6. CONTACT

If you have any questions concerning this Licence, or if you wish to contact the Institute or I-Nex for any reason, please write to:

The Australian Institute of Architects
Knowledge Services
Level 1, 41 Exhibition Street
Melbourne, Victoria, 3000
Australia

phone: (+61 3) 8620 3877
fax: (+61 3) 8620 3864
email: acumen@architecture.com.au

7. APPLICABLE LAW

7.1 This Licence is governed by the laws of the State of Victoria and all parties submit to the non-exclusive jurisdiction of Victoria's Courts.

7.2 If this Licence was acquired outside Australia, then other local laws may apply but they will not extinguish or derogate from the application of the jurisdiction of the Commonwealth and of Victoria.

8. INTELLECTUAL PROPERTY

8.1 You agree that Acumen contains intellectual property belonging to the Institute and I-Nex that is protected by the laws of the Commonwealth of Australia and international treaties, including, but not limited to, copyright in the Content or services provided by this Website.

8.2 You agree that except as expressly set out in these terms, nothing can be construed as conferring any other licence or right, by implication, estoppel or otherwise.

8.3 You agree that except as provided in clause 5 above, you must not use this Website or the Content of Acumen to: (a) reproduce the Content in any material form; (b) distribute the Content in any material form; (c) re-transmit the Content by any medium of communication; (d) upload or repost the Content to any other site or location on the internet or other on-line service, or (e) ‘frame’ the Content with other material on any other site or location, or on-line service.

8.4 You agree you must not: (a) decompile, reverse engineer, disassemble, or create derivative works from this Website or the Content for any purpose, commercial or otherwise. (b) use any network monitoring or discovery software to derive the Website system design, to monitor or copy it, cache its Content or to extract usage information, or individual Logins other than your own; (c) intentionally or recklessly harm or cause loss to any person by use of the Content

9. LINKING TO ACUMEN

9.1 Your website may link to pages in Acumen provided that no attempt is made to pass off the Content of Acumen as the property of the linking website, including presenting Acumen Content as a frame within their web pages.

9.2 Acumen contains links to sites owned and operated by third parties and which are not under the control of the Institute. The Institute: (a) provides the link or links as a convenience to you and no endorsement by the Institute of these sites is expressed or implied; (b) is not responsible for, makes no warranties for, and accepts no liability in relation to the content of those sites.

10. SEVERANCE AND CONTINUANCE

10.1 If any of these terms are at law void, unlawful or unenforceable then that term is severed from the remainder, which continue unaffected.

10.2 Clauses 4.3, 4.5, 5, 7, 8, 9 and 11 continue despite termination of the licence or restriction, suspension or denial of your access to this Website.

11. NO WARRANTY OR LIABILITY

11.1 You agree that except as is incapable of exclusion by operation of the laws of Victoria or the Commonwealth, the Institute and I-Nex disclaim any and all express or implied warranties, guarantees or representations of merchantability, reliability or fitness for any particular purpose of Acumen, or its Content.

11.2 You also agree that the Institute or I-NEX are not liable for any loss suffered by you whatsoever (including, without limitation, loss of business profits, business interruption, loss of business information, or any other pecuniary loss consequential or otherwise) arising out of the use of or inability to use this product, or out of restricted or denied access, even if the Institute or I-NEX has been advised of the possibility of such loss and whether caused through negligence of the Institute or I-Nex, its employees or independent contractors, or through any other cause.

11.3 To the extent that the limitation of liability contained in clause 8.2 is prohibited, you agree that the sole obligation to you of the Institute or I-Nex for any loss of any kind resulting from your access or use of Acumen is limited to the refund of the fees and charges paid by you to the Institute, if any.

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