TYPEQUICK ONLINE Licence Agreement

Do not use or issue TYPEQUICK ONLINE subscriptions, usernames and/or passwords unless you have read and agreed to the terms of this agreement and the end user licence. If you do not agree, return all information unused to the AUTHOR.

 

LICENCE AGREEMENT

The “AUTHOR”, TYPEQUICK Pty Limited, of 9/33 Ryde Road, Pymble, Australia grants the “CLIENT” a licence to use TYPEQUICK ONLINE in accordance with this agreement for the sole purpose of training CLIENT or bona fide employees and registered students (“MEMBERS”) to touch type for as long as the CLIENT and its MEMBERS comply with the terms of this agreement or until this agreement expires or is terminated.

 

1. DEFINITIONS

In this Licence Agreement (“AGREEMENT”), these terms shall have the following meanings:

1.1       AUTHOR refers to TYPEQUICK Pty Limited who is the owner of all intellectual property rights in and is the developer and publisher of TYPEQUICK ONLINE.

1.2       CLIENT refers to the Person, Institution, School or Company, as named in the TYPEQUICK ONLINE account, which has accepted the AGREEMENT and agreed to pay all applicable fees as set out by AUTHOR.

1.3       TYPEQUICK ONLINE refers to the TYPEQUICK keyboard training program hosted by Google and accessed via an Internet Browser meeting the TYPEQUICK specifications.    

1.4       MEMBERS refer to employees or other accredited staff and registered full-time or part-time students who are authorised by the CLIENT to access TYPEQUICK ONLINE.

1.5       SUBSCRIPTION refers to a licence for one person to use TYPEQUICK ONLINE for a defined period as agreed with AUTHOR and for which all licence fees have been paid.

 

2. LICENCE FEES

 

The CLIENT shall pay all applicable licence fees, as agreed with the AUTHOR, to the AUTHOR. If the CLIENT wishes to increase the number of SUBSCRIPTIONS or extend the period of SUBSCRIPTIONS, the CLIENT shall notify the AUTHOR in writing and purchase additional SUBSCRIPTIONS for such fees as the AUTHOR shall notify the CLIENT at that time.

 

3. LICENCE TERMS AND CONDITIONS

 

3.1       Title to all the TYPEQUICK ONLINE material and to the trade secrets and confidential information contained therein shall remain with the AUTHOR. The CLIENT or its MEMBERS shall not modify the TYPEQUICK ONLINE content or any copy of it or remove or alter any copyright notices or other proprietary rights notices placed or embedded by the AUTHOR on or in any of the items contained therein.

3.2       All rights not specifically granted are reserved by the AUTHOR.

3.3       Under copyright law the AUTHOR owns the information in TYPEQUICK ONLINE and all copies of it unless otherwise specified. No part of the program, typing exercises, animation, film, video, pictures, bit maps, graphics, speech, sound, music, help file, advice or instructions may be copied in any way. The CLIENT or its MEMBERS may not distribute any of the online documents supplied in part or in whole by any means other than for use by CLIENT and MEMBERS.

3.4       To the maximum extent permitted by law, the AUTHOR will not be liable to the CLIENT or its MEMBERS for any damages including any lost profits, lost savings or other incidental or consequential damages arising out of the use or inability to use TYPEQUICK ONLINE.

3.5       The CLIENT may not assign this AGREEMENT or any of its rights or obligations without the AUTHOR’S written consent.

3.6       This AGREEMENT will be governed by the laws of the country of purchase and/or international law, whichever operates to best protect the interests of the AUTHOR. Copyright is protected under federal law in the USA and the Universal Copyright Convention in all other countries.

3.7       TYPEQUICK, QUICKTYPE and KEWALA are trademarks of Typequick Pty Ltd of Sydney, Australia.

 

4. PERMITTED UNDER THIS LICENCE

 

4.1       Caching on CLIENTS and MEMBER’S computers is permitted when it occurs automatically in the normal use of the browser and specifically to ensure efficient use by CLIENT and its MEMBERS.

4.2       The Rehearsal Card and Student Guide supplied in TYPEQUICK ONLINE may be printed only for the exclusive use of CLIENT and its MEMBERS. The number of copies made of the Rehearsal Card and Student Guide may not exceed the number of SUBSCRIPTIONS purchased by the CLIENT.

4.3       The CLIENT may provide electronic links to TYPEQUICK ONLINE on its intranet or extranet pages for use by its MEMBERS.

4.4       CLIENT and its MEMBERS may access TYPEQUICK ONLINE from any computer (work, school, home or public terminal) provided that they keep their account private and exit the browser and logout from the computer before leaving the computer. Usernames and passwords are not to be stored or saved on any computer that the public has access to.

 

5. LIMITATIONS UNDER THIS LICENCE

 

5.1       Exploitation for Commercial Use: The CLIENT and its MEMBERS shall not use TYPEQUICK ONLINE for any commercial purposes or impose special charges on MEMBERS to use TYPEQUICK ONLINE without written authorisation from the AUTHOR.

5.2       Limitations on Reverse Engineering: The CLIENT and MEMBERS agrees not to reverse engineer, decompile, or disassemble TYPEQUICK ONLINE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

5.3       The AUTHOR shall not be liable to provide new or existing versions of TYPEQUICK ONLINE which will operate in new (or existing) software and hardware environments.

 

6. OUR OBLIGATIONS TO YOU

 

6.1       The AUTHOR will provide CLIENT and its MEMBERS technical assistance and support via email as required in the normal everyday use of TYPEQUICK ONLINE.

6.2       The AUTHOR will use all reasonable means to ensure that TYPEQUICK ONLINE is available to the CLIENT and its MEMBERS at all times. The CLIENT understands that TYPEQUICK ONLINE is hosted on third party systems and from time to time may not be available due to circumstances beyond the AUTHOR’S control.

 

7. YOUR OBLIGATIONS

 

7.1       The CLIENT and its MEMBERS are responsible for any and all fees associated with accessing TYPEQUICK ONLINE, including but not limited to Internet and/or telephone connection costs, computer equipment, software and communication lines.

7.2       The CLIENT shall ensure that the CLIENT and its MEMBERS understand and agree to the TYPEQUICK ONLINE Licence Agreement. The CLIENT shall be responsible for any breach of this agreement by its MEMBERS and shall be liable for all direct and consequential damages suffered by the AUTHOR.

7.3       The CLIENT shall treat and maintain as confidential all TYPEQUICK ONLINE information and trade secrets made available to it, including but not limited to usernames and passwords, and to take reasonable precautions to prevent unauthorized use or copying of TYPEQUICK ONLINE by MEMBERS or any other person.

7.4       The CLIENT agrees that the CLIENT’S proprietary information of the program is privileged and a trade secret. The CLIENT may not rent, sell, give, loan or otherwise transfer the original or any copy of TYPEQUICK ONLINE to another person. The CLIENT agrees to take all reasonable steps to safeguard TYPEQUICK ONLINE material to ensure that no one else shall have unauthorized access to it. Unauthorized transfer may be a serious crime as well as making the CLIENT liable for legal fees and damages.

7.5       The CLIENT or its MEMBERS may not make any modifications or adaptations to TYPEQUICK ONLINE programs.

 

8. MUTUAL OBLIGATION

 

8.1      The AUTHOR and the CLIENT agree to ensure maximum confidentiality of any data relating to the use of TYPEQUICK ONLINE by the CLIENT and its MEMBERS, to the extent permitted by law. The CLIENT agrees that such data may be used only for customer support and various purposes related to the administration and ongoing use of TYPEQUICK ONLINE.

8.2      In the event that TYPEQUICK ONLINE is used in a manner contravening this agreement, the CLIENT agrees to assist the AUTHOR with any investigation and use all reasonable means to remedy such use and prevent its recurrence. The AUTHOR agrees to assist the CLIENT to prevent such use and reserves the right to terminate access to TYPEQUICK ONLINE immediately in the event that TYPEQUICK ONLINE is used in a manner contravening this agreement.


9. TERM, RENEWAL AND TERMINATION

 

9.1       This AGREEMENT shall continue for the duration of the SUBSCRIPTION period as determined by the terms of the licence.

9.2       This AGREEMENT shall terminate automatically if additional SUBSCRIPTIONS are not purchased before the end of the SUBSCRIPTION period. If the CLIENT wishes to purchase additional SUBSCRIPTIONS, the CLIENT shall notify the AUTHOR in writing and additional SUBSCRIPTIONS must be purchased from the AUTHOR for such additional fees as the AUTHOR at that time notifies the CLIENT.

9.3       In the event of a breach by the CLIENT of any of its obligations and the failure of the CLIENT to remedy any such breach within ten (10) days from receipt of written notice of such breach, the AUTHOR shall be entitled to terminate this AGREEMENT (and pursue all of its rights or hereunder or at law or in equity) upon written notice. All the provisions of this AGREEMENT which operate to protect the rights and interests of the AUTHOR shall continue after termination.

9.4       Upon termination of this AGREEMENT the CLIENT’S right to use TYPEQUICK ONLINE and the right of MEMBERS to use TYPEQUICK ONLINE ceases. All usernames and passwords and electronic links to TYPEQUICK ONLINE must be deleted and/or returned to the AUTHOR.

9.5       No waiver is a continuing waiver.

 

10. INTELLECTUAL PROPERTY RIGHTS

 

The CLIENT and its MEMBERS acknowledge that all copyrights, patent rights, trademarks, services marks, trade

secrets and other intellectual property rights relating to TYPEQUICK ONLINE are the sole and exclusive property of the AUTHOR and that this AGREEMENT does not convey to the CLIENT or its MEMBERS any right, title, or interest therein except for the right to use TYPEQUICK ONLINE in accordance with the terms and conditions of this AGREEMENT. The provisions of this Section shall survive the termination of this AGREEMENT for any reason.

 

11. PRIVACY POLICY

 

11.1    The AUTHOR will not share email addresses with anyone outside the AUTHOR or disclose user information to any third party, except as described below. The AUTHOR may use the personal data the CLIENT and its MEMBERS provide online to publish information about changes that affect the use of TYPEQUICK ONLINE or that the AUTHOR feels may be of interest to the CLIENT and its MEMBERS.

11.2    The AUTHOR may record information which contains detailed access information including but not limited to date and time of access, username and password employed and statistics relating to the use of TYPEQUICK ONLINE. This information may be used by the AUTHOR and its agents for customer support purposes.

11.3    The AUTHOR shall use all reasonable means to keep confidential from third parties the CLIENT’S and its MEMBERS’ access information, user data and usage statistics.

 

12. LIMITED WARRANTY AND LIMITATION OF LIABILITY

 

Subject to the Limitations set forth elsewhere in this Agreement:

12.1    The AUTHOR warrants that it has obtained and will use all reasonable means to ensure that it retains all necessary consents, licences or agreements required for the provision of TYPEQUICK ONLINE, and that use of TYPEQUICK ONLINE by CLIENT and MEMBERS in accordance with the terms of this Agreement shall not infringe the copyright of any third party. Neither party shall be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, arising out of the use of or the inability to use TYPEQUICK ONLINE.

12.2    The AUTHOR will use its reasonable endeavours to provide CLIENT and MEMBERS with continuous access to TYPEQUICK ONLINE but the AUTHOR does not warrant or represent that it can do so since neither the AUTHOR nor any other party has any control over the Internet. TYPEQUICK ONLINE may not be uninterrupted and may suffer from interruptions as happen from time to time in normal use of the internet.

12.3    The AUTHOR will use its best efforts to protect TYPEQUICK ONLINE from viruses, worms, trojan horses, or other harmful and destructive components but the AUTHOR does not warrant or represent that it can do so since neither the AUTHOR nor any other party has any control over the Internet. The CLIENT and its MEMBERS acknowledges that the information, software or other material accessible over the Internet via TYPEQUICK ONLINE may contain viruses, worms, trojan horses, or other harmful and destructive components.

12.4    THE CLIENT ACCEPTS THE SERVICES "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, OR TITLE.

12.5    EXCEPT AS OTHERWISE PROVIDED BY LAW, THE AUTHOR IS NOT LIABLE AND WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES WHICH RESULT OR MAY RESULT FROM THE CLIENTS AND ANY MEMBERS USE OF TYPEQUICK ONLINE (INCLUDED BUT NOT LIMITED TO DELETION OR LOSS OF FILES, DEFECTS OR DELAYS IN TRANSMISSION OR ANY FAILURE OF THE INTERNET) OR THE CLIENTS AND ANY MEMBERS ACCESS TO THE INTERNET OR USE THEREOF FOR ANY PURPOSE WHATSOEVER OR FOR ANY RELIANCE ON OR USE OF INFORMATION, SERVICES OR GOODS PURCHASED ON OR THROUGH THE INTERNET. THE CLIENTS SOLE AND EXCLUSIVE REMEDY IF DISSATISFIED WITH TYPEQUICK ONLINE FOR ANY REASON WHATSOEVER, IS TERMINATION OF TYPEQUICK ONLINE AND THIS AGREEMENT BY IMMEDIATELY DISCONTINUING USE OF TYPEQUICK ONLINE.

12.6    The foregoing warranties are in lieu of all other warranties, express or implied and the CLIENT’S sole remedy hereunder.

12.7    In the event the AUTHOR incurs any liability whatsoever to the CLIENT such liability will in all cases be limited to the subscription fee paid by the CLIENT in the year in which such liability arose. This provision will not apply to the extent limitations of liability are prohibited by law.

12.8    The AUTHOR is not liable to the CLIENT or its MEMBERS or any other party who may access TYPEQUICK ONLINE via the CLIENT or its MEMBERS username and password with or without consent for any act or omission of any other entity furnishing products or services which are required by the CLIENT or its MEMBERS to use TYPEQUICK ONLINE. Nor will the AUTHOR be liable for any damage or loss due to the fault or negligence of the CLIENT or any of its MEMBERS.

12.9    Except as provided by law, the AUTHOR is not responsible in contract or in tort for the unauthorized access to, or alteration, theft or destruction of e-mails, files, programs, or information of the CLIENT or any MEMBER by any person through accident or by fraudulent means or devices, even if such access occurs as a result of the AUTHOR’S own negligence.

12.10 The AUTHOR will not be responsible to the CLIENT or any of its MEMBERS if changes in any of the AUTHOR’S facilities, operations, procedures, products or Services, render obsolete the CLIENTS or any MEMBER’S equipment or software, or require modification or alteration to the CLIENTS or any MEMBER’S equipment or software, or otherwise affect performance.

 

13. FORCE MAJEURE

 

The AUTHOR will not be responsible for any delay in, or failure of, TYPEQUICK ONLINE or the Internet due to any occurrence commonly known as force majeure, including war, riots embargoes, strikes, or other concerted acts of workmen (whether of the AUTHOR or others), casualties or accidents, or any other causes, circumstances, or contingencies, beyond the AUTHORS control, which prevent or hinder the performance by the AUTHOR of any of its obligations hereunder.

 

14. WAIVER OF CONTRACTUAL RIGHT

 

Failure or neglect by the AUTHOR to enforce at any time any of the provisions herein shall not be construed or be deemed to be a waiver of the AUTHOR’S rights hereunder nor in any way affect the validity of the whole or any part of this AGREEMENT nor prejudice the AUTHOR’S rights to take subsequent action.

 

15. NON-ASSIGNABILITY

 

Neither this AGREEMENT nor the benefit of the use of TYPEQUICK ONLINE may be assigned or transferred by the CLIENT, whether voluntarily or involuntarily, or by operation of law, in whole or in part, to any party without the prior written consent of the AUTHOR. No such assignment by the CLIENT howsoever occurring shall relieve the CLIENT of its obligations hereunder.

 

16. ENTIRE AGREEMENT

 

This AGREEMENT supersedes all prior agreements, arrangements and understandings between the parties and constitutes the entire agreement between the parties relating to the subject matter hereof. No addition to or modification of any provision of this AGREEMENT shall be binding upon the parties unless made by a written instrument signed by a duly authorized representative of each of the parties.

 

17. INTERPRETATION

 

In this Agreement:

17.1    Words importing the singular include the plural, words importing any gender include every gender and words importing persons include bodies corporate and unincorporate; and (in each case) vice versa.

17.2    Any reference to a party to this AGREEMENT includes a reference to his successors in title and permitted assigns.

17.3    The headings to the Articles are for ease of reference only and shall not affect the interpretation or construction of this AGREEMENT.

 

18. SEVERABILITY

 

Notwithstanding that the whole or any part of any provision of this AGREEMENT may prove to be illegal or unenforceable the other provisions of this AGREEMENT and the remainder of the provision in question shall remain in full force and effect.

 

19. NOTICES

 

Any notice required or permitted under the terms of this AGREEMENT or required by statute, law or regulation shall (unless otherwise provided) be in writing to current addresses of the respective parties and shall be deemed received within ten (10) working days after mailing.

 

20. AMENDMENT

 

No modification or claimed waiver of any provision of this AGREEMENT shall be valid except by written amendment signed by authorized representatives of the AUTHOR and the CLIENT.

 

21. APPLICABLE LAW


This agreement will be governed by the laws of the country of purchase and/or international law, whichever operates to best protect the interests of the AUTHOR. Copyright is protected under federal law in the USA and the Universal Copyright Convention in all other countries.

 

22. DISPUTE RESOLUTION

 

All questions, disputes or differences which arise between us with respect to the Terms of Engagement or its subject matter are to be referred to a single arbitrator in accordance with the provisions of the Commercial Arbitration Act 1984 (NSW) or any re-enactment or statutory modification of that law for the time being in force.

 

THIS IS A LICENCE AGREEMENT GOVERNING ACCESS TO TYPEQUICK ONLINE. USE OF TYPEQUICK ONLINE CONSTITUTES ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF THE CLIENT OR MEMBERS DO NOT WISH TO BE BOUND BY THIS AGREEMENT AND THE OPERATING POLICIES, DO NOT USE TYPEQUICK ONLINE.

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