License Agreement for Aboriginal Cultural Orientation Program

UWA represented by CUCRH and ‘You’

agree as follows:

1.   Definitions

  • CUCRH means Combined Universities Centre for Rural Health
  • “Collection” means the Program Materials in their entirety, or individual Modules, Units, Quizzes or Videos from the Program Materials in unmodified form along with one or more other separate and independent works, assembled into a collective whole.
  • “Non-Commercial” means NOT “primarily intended for or directed towards commercial advantage or private monetary compensation. “Commercial” has a corresponding meaning.
  • “Distribute” means to make available to the public by any means, including publication, electronic communication, public performance or public exhibition.
  • “Educational Purposes” means activities relating to the education of individuals including preparation of course or instructional material for students and/or teachers but also includes personal study and research by individuals; or activities otherwise related to teaching and learning by educational institutions, including by libraries for their patrons; other institutions; or by individuals for other individuals.
  • “Licence” means this Licence Agreement.
  • “Module” means that part of the Program Materials that comprises a distinct portion of the Program Materials and which is identified as a Module in the Program Materials (including any work or other subject matter contained within and integral to the Module).
  • “Original Author” means the individual or entity who created the Work.
  • “Program Materials” means the material (including any work or other subject matter contained within and integral to the Program Materials) protected by copyright which is offered under the terms of this Licence.
  • “User” means any third party who is making use of the Program Materials, who is neither You nor CUCRH.
  • “UWA” means The University of Western Australia, a body corporate established pursuant to the provisions of the University of Western Australia Act 1911 (Western Australia) of 35 Stirling Highway, Crawley, Perth, W.A. Australia 6009.
  • “Unit” means that part of the Program Materials that comprises the smallest integrated portion of the Program Materials and is identified as a Unit in the Program Materials (including any work or other subject matter contained within and integral to the Unit).
  • “You” means an individual or entity exercising rights under this Licence.

 

2.   Licence Terms

      2.1    Subject to the conditions listed below, CUCRH and UWA hereby grants to You a worldwide, royalty-free, non-exclusive, Licence to exercise the following rights in the Program Materials for Non-Commercial, Educational Purposes and for the duration of copyright in the Program Materials.

2.2    You may copy the Program Materials in whole for the purposes of distributing the Program Materials in whole and ‘as is’ via a Website or Intranet site for access by Your staff and other users.

2.2.1    By distributing the Program in whole and ‘as is’ you agree to provide CUCRH access to demographic data on users who access the Program from your server, and agree to allow CUCRH to follow-up users with surveys to evaluate the Program Materials.

2.3    You may incorporate any complete Module, Unit, Quiz or Video from the Program into a Collection.

      • The Collection must clearly identify the origin of the Module, Unit, Quiz or Video as coming from the Program Materials.
      • Units, Quizzes and Videos contained within a Module can be extracted and used separately ‘as is’ but must not be decompiled or edited.
      • Each Video is available for separate purchase from CUCRH: contact: Centre Manager, CUCRH 08 99560200.

2.4    The Program Materials, whether used as a whole Program or utilised as Modules, Units, Quizzes or Videos or incorporated into a Collection, must at all times be made available free of charge and under the same terms as this Licence.

    • All Program Materials, whether used as a whole Program or utilised as Modules, Units, Quizzes or Videos or incorporated in a Collection, must at all times make reference to this licence by at least a URL reference or link to the CUCRH Licence webpage; www.cucrh.uwa.edu

2.6    Where Program Materials have been incorporated into a Collection, CUCRH reserves the right to review the Collection to ensure that the Program Materials are being used in a manner in keeping with their intended purpose.

2.7    CUCRH reserves the right to withdraw the Licence from You if, in CUCRH’s sole opinion, the Program Materials are being used in a manner contrary to their intended purpose.

2.8    Photographs contained in the Program Materials may be subject to separate third party copyright and can not be used, reproduced or distributed as individual items but only as integral parts of the Program Materials, Modules, Units, Quizzes and Videos they appear in, as otherwise permitted under this Licence.  

      3.      Conditions

3.1    You may not:

3.1.1 use the Program Materials for any Commercial purpose;

3.1.2 impose any terms on the use to be made of the Program Materials in whole, or in part, or as incorporated in a Collection, that restricts the terms of this Licence or the ability of recipients of the Program Materials to exercise the rights granted to them by this Licence;

3.1.3 impose any technological measures on the Program Materials in whole, or in part, or as incorporated in a Collection that restrict the ability of the recipients of the Program Materials to exercise the rights granted to them by this Licence;

3.1.4 sublicense the Program Materials;

3.1.5 falsely Attribute the Program Materials to someone other than the Original Author;

3.1.6 subject the Program Materials to any derogatory treatment as defined in the Australian Copyright Act 1968.

3.1.7 assert or imply any connection with, sponsorship of or endorsement by UWA or CUCRH of You or Your use of the Program Materials, without UWA or CUCRH providing separate, express prior written permission.

3.2    You must:

3.2.1 distribute the Program Materials only under the terms of this Licence or an equivalent licence.

3.2.1.1    for the avoidance of doubt, while the above applies to the Program Materials or any part of the Program Materials as incorporated into a Collection, it does not require other works within the Collection, or the Collection as a whole, to be made subject to the terms of this Licence.

3.2.2 make reference to this Licence (by a Uniform Resource Identifier such as a link, spoken word or as appropriate to the media) on all copies of the Program Materials  and Collections containing any part of the Program Materials Distributed by You.

3.2.3 attribute the Original Author in any reproduction or Collection of the Program Materials that You Distribute. The Attribution may be provided in any reasonable manner, but as far as it is reasonable to the medium should include: Hall, J. (2009). Aboriginal Cultural Orientation: For health professionals working in Aboriginal health. Combined Universities Centre for Rural Health, from http://lms.wacrh.uwa.edu.au/moodle/

3.2.4 keep intact all notices that refer to Copyright ownership of the Work by CUCRH and UWA, notices that refer to this Licence and to the disclaimer of warranties.

4.      Additional Provisions

4.1    Each time You Distribute the Program Materials as a whole or in part as incorporated in a Collection, CUCRH and UWA agree to offer the User a licence to use the Program Materials on the same terms and conditions as granted to You hereunder.

      4.2    This Licence does not affect any rights that the User may have under any applicable law, including fair use, fair dealing or any other legally recognised limitation or exception to copyright infringement.

      4.3    All rights not expressly granted by CUCRH and UWA are hereby reserved. This includes the right to collect royalties, whether individually or via a licensing body such as a collecting society, for any use of the Work which results in commercial advantage or private monetary compensation.

5.   Warranties and Disclaimer

Except as required by law or as otherwise agreed in writing between the parties, the Program Materials are licensed by CUCRH and UWA on an “as is” and “as available” basis and without any representations or warranties of any kind, either express or implied, including warranties as to accuracy, title and non-infringement.

6.   Limit of Liability

To the extent permissible by law CUCRH and UWA shall not be liable on any legal basis (including without limitation negligence) and hereby expressly excludes all liability for loss or damage howsoever and whenever caused to You.

7.   Termination

This Licence and the rights granted to You under this Licence shall terminate automatically upon any breach by You of the terms of the Licence. Individuals or entities who have received the Program Materials from You under this Licence, however, will not have their Licences terminated provided such individuals or entities remain in full compliance with those Licences. Clauses 1, 5, 6, 7 and 8 shall survive any termination of this Licence.

8.   General

      8.1    The validity or enforceability of the remaining terms of this agreement is not affected by the holding of any provision of it to be invalid or unenforceable.

      8.2    This Licence constitutes the entire Licence Agreement between the parties with respect to the Program Materials licensed here. There are no understandings, agreements or representations with respect to the Program Materials not specified here. CUCRH and UWA shall not be bound by any additional provisions that may appear in any communication in any form.

         8.3    This Licence shall be governed by the laws of Western Australia.