Grant of license
Limitation of liability
IMPORTANT: CAREFULLY READ THIS LICENSE AGREEMENT BEFORE DOWNLOADING,
USING OR INSTALLING LICENSED MATERIAL FROM THIS SITE. IF YOU DOWNLOAD,
USE OR INSTALL THE LICENSED MATERIAL YOU CONFIRM YOU HAVE READ THIS
AGREEMENT, UNDERSTAND AND ACCEPT ALL THE TERMS AND CONDITIONS, AND THAT
YOU (OR THE ORGANIZATION YOU REPRESENT) INTEND TO BE LEGALLY BOUND BY
THEM. THE LICENSED MATERIAL (INCLUDING ALL SOFTWARE, PROGRAMS, SCRIPTS,
INFORMATION, AND DOCUMENTATION) IS LICENSED (NOT SOLD) TO YOU OR TO
THE ORGANIZATION YOU REPRESENT. IF YOU DO NOT AGREE WITH THE TERMS OF
THIS LICENSE AGREEMENT, YOU SHOULD CEASE DOWNLOADING, INSTALLING OR
USING THE LICENSED MATERIAL, AND IF YOU PROMPTLY RETURN ANY STORAGE
MEDIA ON WHICH THE LICENSED MATERIAL WAS PROVIDED TO YOU TO LEARNING
MEDIA LIMITED, ANY LICENSE FEE YOU MAY HAVE PAID WILL BE REFUNDED TO
The term "Licensed Material" as used in this Agreement includes
all elements of the Licensed Material, including any software, programs,
scripts, documentation, help files, data, information, text, artistic
works, and sound recordings, as well as any accompanying user documentation.
By downloading, installing and/or using the Licensed Material you warrant
that you have all necessary authority to bind yourself or the organization
you represent to the terms of this Agreement.
Top of page
Grant of License
Learning Media Limited ("LML") grants to you or the organization
that you represent ("You") a non-exclusive license to use
the Licensed Material on the following terms and conditions. Use of
Material You may use only one copy of the Licensed Material for informational
purposes only. You may not make copies for resale or commercial use
of all or any part of the Licensed Material in any form (whether physical,
electronic or otherwise) or by any means. You must include LML's proprietary
notices, including any notices with respect to this license, copyrights,
trademarks, etc, with any copies that are made for authorized uses.
You may not use the Licensed Material for any commercial purpose on
any website; on a network; on a multiple CPU or multiple user arrangement;
on any computer or computer terminal. The Licensed Material and all
of its parts will remain the property of LML or its licensors without
You may not use, copy, distribute, translate, transmit, merge, modify,
reverse engineer, transfer, adapt, loan, rent, lease, assign, share,
sub-license or make available to another party the Licensed Material
or any copy, in any way, in whole or in part, except as expressly provided
for in this Agreement.
You must take all necessary precautions to prevent anyone else from
violating the terms of this Agreement. This section shall survive the
termination of this Agreement.
Top of page
The Licensed Material is protected by New Zealand and international
copyright and intellectual property laws. All rights to the Licensed
Material are owned by LML or its licensors, and LML retains all rights
not expressly granted. By being granted a license to this Licensed Material,
You do not become the owner of the Licensed Material, but are entitled
only to use it in accordance with the terms of this Agreement.
LML does not warrant that the Licensed Material will meet your requirements
or that the operation or use of the Licensed Material will be uninterrupted
or error free. The entire risk as to the quality and performance of
the Licensed Material is with You. You assume all responsibility for
the selection of the Licensed Material to achieve Your intended results
and for use and results obtained from the Licensed Material. If the
Licensed Material proves defective, You assume the entire cost of all
necessary support, repair or correction.
Except as specifically provided, the Licensed Material is provided "as
is". The warranties contained in this Agreement are, to the extent
permissible by law, exclusive and are in lieu of all other representations,
guarantees, promises or warranties, whether expressed or implied, including,
without limitation, any warranty or guarantee provided by the provisions
of the New Zealand Sale of Goods Act 1908, the Contractual Remedies
Act 1979, or the Consumer Guarantees Act 1993.
In no event will LML be liable to You or any person claiming through
You for any loss or damages, including but not limited to, any lost
profits, lost savings, indirect, special, incidental, economic or consequential
damages, arising out of the use, or inability to use the Licensed Material,
or for claim by any other party, even if LML or any of its lawful agents
or employees have been advised of the possibility of such damages or
claim. In no event will LML ever be liable for more than the amount
paid by You for the use of the Licensed Material.
Some jurisdictions do not allow the exclusion or limitation of implied
warranties or limitation of liability for incidental or consequential
damages, so the above limitation or exclusion may not apply to You.
In such a case, LML's entire liability to You and Your exclusive remedy
shall be, at the option of LML, the replacement of the physical media
on which the Licensed Material was supplied or the refund of any license
fee paid. This section (Limitation of Liability) shall survive the termination
of this Agreement.
This license is effective until terminated. This Agreement shall terminate
immediately upon your failure to comply with any of the terms of this
Agreement. You agree, upon such termination, to return the original
Licensed Material to Learning Media, discontinue use, and destroy all
copies in any form, including without limitation printed formats, back-up
copies, and mergers of the information into other programs or information.
This license is NOT transferable, assignable nor sub-licensable in whole
or in part, without LML's express written consent.
If a court of competent jurisdiction should find any part of this Agreement
to be invalid, illegal or unenforceable, that part shall be severed
from the rest of the Agreement, which shall remain in full force and
This is the complete License Agreement and it is binding upon You, LML
and all parties' successors and permitted assignees.
This Agreement is governed by the laws of New Zealand. The courts of
New Zealand shall have non-exclusive jurisdiction in any proceedings
relating to it.
Top of page
The user of this website agrees to indemnify Learning Media Limited
from any damages, losses, costs or expenses which Learning Media Limited,
its affiliates, their respective employees and authorized representatives
may incur as a result of material entered into this website by the user.
Learning Media has no control over the content or condition of any external
websites linked to this website. These links are provided for the convenience
of users, and Learning Media Limited assumes no responsibility for any
material outside of the pages of this Learning Media website.
Top of page
Learning Media Limited ("LML") takes all appropriate measures
to protect the personally identifiable information provided by, and
collected from, you on this website in connection with the functions,
facilities, products, and services offered.
Information Gathered / Shared Information
LML will receive and store information that you enter on this website,
for example, we collect the information that you provide when you contact
LML works in partnership with a number of distribution organizations
around the world. Information provided by users may be shared with our
You can always choose not to provide some or all of the information
that we ask for, but this may prevent you from receiving information
or obtaining certain services that we offer.
Treatment of Information Gathered
LML will ensure that all information is held securely. LML will use
the information that users provide to this website in a manner that
is consistent with the reason for which such information is provided.
LML shall not be liable for any loss of privacy, disclosure of information,
harm, damage or loss that may result from your transmission of or any
information that you may send to LML in connection with this website.
Accessing Information About You
The New Zealand Privacy Act 1993 gives you the right to see and correct
the information that LML holds about you. If you'd like to review or
change information held by Learning Media Limited about you, or to remove
your information, please contact us.
Use of 'Cookies'
Web Server Tracking
The web server for this Learning Media website gathers the following