ClearCalcs Third Party Terms

Schedule 1 - Additional Terms of Standards Australia

1 APPLICATION

1.1 This Schedule applies if the User is provided with access to any Curated Set as part of their access to the Platform.

2 DEFINITIONS IN THIS SCHEDULE

2.1 In this Schedule, the following terms have the following meanings:

3 ADDITIONAL TERMS

3.1 The Customer acknowledges that it meets the Eligibility Requirement (if any).

3.2 The Customer is granted a non-exclusive, non-transferrable, non-sublicensable, limited licence, for the relevant Permitted Subscription Term, to permit the relevant permitted number of Authorised Users specified in the subscription agreement, to access the item, with the right to add notes to the item but without the right to print, save or copy the whole or any part of the item.

3.3 The Customer may not sell, share, rent, lease or otherwise provide access to the Subscription and the Licensed Material or the Customer's (or its Authorised Users') login credentials to any individual or organisation other than the Customer's Authorised Users.

3.4 The Customer must ensure that the number of Customer's Authorised Users accessing the Subscription does not exceed the relevant permitted number of Authorised Users.

3.5 The Customer must take steps to ensure that its Authorised Users keep their relevant login credentials confidential and safe from access by unauthorised users.

3.6 The Customer agrees that:

1. Standards Australia and its licensors are, and will remain, the owners of all Intellectual Property Rights in the Licensed Material;
2. the Customer must not remove, alter or obscure any ownership, copyright, trade mark, confidentiality or other marks or legends (including any digital watermark or other digital rights management tool) on or in the Licensed Material;
3. the Customer will protect the security of the Licensed Material in its possession and preserve the Licensed Material and Standards Australia's Intellectual Property Rights; and
4. the Customer must ensure that its Authorised Users complies with these terms.

3.7 The Customer shall not loan, sell, rent, lease, reproduce, or otherwise distribute any of the Licensed Material obtained through the Subscription, in any format, by electronic mail or other means, to any individual or organisation other than an Authorised User at an authorised site, without the prior written permission of Standards Australia.

3.8 Each Authorised User must be a natural person and an internal staff of the Customer. If the Authorised User's employment relationship with the Customer terminates, the Customer must discontinue that Authorised User's access to the Licensed Materials.

3.9 If an Authorised User changes their role or ceases employment with the Customer, then the Customer may substitute another natural person as the relevant Authorised User. The Customer must not otherwise change Authorised Users or permit any sharing of an Authorised User's access rights. The Customer may only register the same Authorised User once during the subscription period. The Customer may not substitute a user with a person who was a previous Authorised User during the same subscription period.

3.10 These terms, including this clause, are governed by and must be construed in accordance with the laws in force in the State of New South Wales. The Customer and Distributor submit to the exclusive jurisdiction of the courts of the State of New South Wales and the Commonwealth of Australia in respect of all matters arising out of or relating to these terms, their performance or subject matter.

3.11 The Distributor holds the benefit of these terms on trust for Standards Australia and may enforce these terms on Standards Australia's behalf and for Standards Australia's benefit.