Terms of Resource Use
Non-Exclusive Licence Agreement
Please read this license agreement carefully before using these training materials. By proceeding to use the materials provided by Orangebird Resources you agree to be bound by the terms and conditions of this license agreement (the “Agreement”).
Orangebird Resources permits the purchaser (being the person or entity who has agreed to a licence of materials from the Orangebird Resources to make them available to trainees for training purposes) the following rights:
Subject to the terms and conditions of this Agreement, Orangebird Resources grants to you a revocable, non-exclusive license to use the training materials, which includes any and all electronic documents downloaded by you, software delivered to you by Orangebird Resources, and any associated updates provided by Orangebird Resources, including any Derivative Works (as defined herein) (collectively the “Licensed Materials”).
You acknowledge that all right, title and interest in the Licensed Materials is the property of Orangebird Resources and that the only rights which you obtain to the Licensed Materials is the right of use in accordance with the terms of this Agreement.
The license granted in this Agreement is restricted to use for training purposes only.
You shall not permit the Licensed Materials to be accessible online or by any other public forum without express permission from Orangebird Resources.
- DERIVATIVE WORKS
Under this Agreement, you may customise the Licensed Materials, including localisation and translation for training purposes (“Derivative Works”). This also includes the use of any instructor-led virtual training/webinars. The Licensed Material (Instructor Led Material) may not be used to create eLearning.
This Agreement specifically prohibits the distributing, reselling or otherwise transferring, of any of the Licensed Materials, in part or whole. Notwithstanding this clause, the trainer may charge a fee to recover the cost of printing in addition to his or her training services.
The term of the license granted under this Agreement shall commence upon use by you of the Licensed Materials and shall continue indefinitely unless terminated by Orangebird Resources should you fail to comply with any terms and conditions of this Agreement. You shall instruct those using the Licensed Materials that the making of unauthorised copies of any component of the Licensed Materials is a violation of intellectual property law and this Agreement.
Orangebird Resources and its directors, employees, successors or other agents shall not be held liable for any direct or indirect loss or damage resulting from your use and/or unauthorised distribution/resale/transfer of the Licensed Materials. You agree to indemnify, defend, and hold harmless Orangebird Resources from and against any and all liability of any kind or nature whatsoever to you or any third parties which may arise out of your use or unauthorised distribution/resale/transfer of the Licensed Materials.
This Agreement shall be governed by and interpreted in accordance with the laws of the state of Victoria and you hereby agree to the exclusive jurisdiction of the courts of or in Victoria and courts of appeal therefrom. If any conditions or terms conflict with those in this Agreement, then the terms in this Agreement shall prevail.
- ELEARNING/VIDEO CONTENT: "ELEARNING / VIDEO CONTENT"
means any image, video, audio, visual representation generated electronically, digitally or by any other means, digital files, or any copies thereof, or any other product protected by copyright, trademark, patent or other intellectual property right, which is licensed to Licensee by Orangebird Resources under the terms of this Agreement. Any reference in this Agreement to the Licensed Material shall be to each individual item within the Licensed Material and also to the Licensed Material as a whole.
Licensee may not:
- Make the Licensed Material available (separate from the Licensee Work) in any medium accessible by persons other than authorised Users; or
- Make the Licensed Material available in a manner intended to allow or invite a third party to download, extract, redistribute or access the Licensed Material as a standalone file.
- SOCIAL FORUMS
If the Licensed Material is Reproduced on a social media platform or other third party website.
- The rights granted herein shall automatically be revoked in the event that the platform or website seeks to exploit purported rights to the Licensed Material contrary to the terms of this Agreement.
- In such event, upon Orangebird Resources’ request, Licensee shall remove any Licensed Material from such platform or website.