Licensing Agreement

LICENSING INFORMATION

Whilst we encourage you to print and use this resource as often as you like, it is important to note that the following is not allowed within the terms of your purchase:
• Providing any of the Focaz Group products (or part thereof) to other persons, entities or organisations separate to the licensee
• Allowing employees or any other persons to copy and / or retain the Focaz Group products (either in whole or in part) outside the purchasing organisations premises
• Other terms and conditions are detailed below
TERMS AND CONDITIONS OF USE

Copyright:
All products purchased from the Focaz Group remain the intellectual property of the Focaz Group and their respective authors. All rights reserved. No part of any publication provided by the Focaz Group may be reproduced by any means for use outside the purchasing organisation, without the prior written permission of the Focaz Group.

Release:
The Licensee releases and indemnifies the Focaz Group and its employees, agents, authors and third party data suppliers in respect of all claims, expenses, losses, damages and costs arising, directly or indirectly from:
• the Licensee’s or any other person’s use of any product sold or supplied to the Licensee by the Focaz Group;
• any breach of this Licence by the Licensee;
• any negligent act or omission or wilful misconduct of the Licensee in connection with this Licence.
This clause survives the expiration or termination of this licence.

Format:
Assessment Tools, Mapping Documents, Facilitator Guides, Training & Assessment Strategies and our RTO Quality Management System will be supplied in Microsoft products:
• Word
• Excel
• Power Point.
All Learner Guides will be supplied in PDF format embedded with the Licensee’s logo.

Refunds:
As these products are provided in electronic format, no refunds are payable. However, if you have any concerns at all, please contact us at your earliest convenience. We are a solution based company that delivers high quality products & customer service. If your unhappy with our products we want to know why as we have a continuous improvement system that underpins our business.

Duration
The licensee is permitted to use the products listed above for the duration of the parent training package to which the units belong. If there are major code changes to the training packages and the assessment material requires re-development a new licensee will be required for purchase.

Warranty:
No warranties, express or implied, are given or ordered for any product developed by or sold by the Focaz Group. However, in the rare event that your products are deemed non-compliant by your state registering body or from an ASQA monitoring audit, we will provide written comments or modifications (as deemed appropriate by Focaz) for lodgement with your audit response. The Focaz Group is not liable for any decision made by a State or Federal Registering Body.

Modifications:
The licensee may make any modifications / improvements to the Assessment Tools, Mapping Documents, Facilitator Guides, Training & Assessment Strategies and our RTO Quality Management System documents sold by the Focaz Group without the written consent of the Focaz Group. The licensee may not make any modifications to Learner Guides sold by the Focaz Group without the written consent of the Focaz Group. The licensee may not replicate the content or format of any Focaz Group products for the development of any other document.

Condition of Use:
All products may be printed and used within the licensees business for the purpose of training and education. Learner guides may be uploaded by the licensee to a secure online learning management system (LMS) that requires the student to securely log-in to the system to access the data. Upon purchasing a product from the Focaz Group Online Store, the licensee agrees to:
1. I agree that I am not a Consultant, nor will I use any of the Focaz Group Products for the purpose of engaging in or promoting a Consultancy activity.
2. Each transaction or purchase from the Focaz Group Online Store by the licensee is bound by this Agreement.
3. Use of the Focaz Group Online Store, including finalising the transaction to purchase & downloading or accessing the product is interpreted as the licensee accepting the terms and conditions of this Licensing Agreement.
4. Where the licensee takes ownership of the Focaz Group products through this Agreement, they are responsible for protecting the intellectual property of the Focaz Group. The licensee agrees not to allow other Consultants, companies or individuals who are not employees of the licensee to access or use the intellectual property where it breaches the terms of this Agreement.
5. The licensee may copy, reproduce or implement as often as it desires the products purchased under this Agreement ONLY for the legal entity that purchased the products if the licensee is a company, or, in the event the licensee is an Individual, for their sole use.
6. Where the Focaz Group finds that the licensee has breached the Agreement regarding intellectual property, the Focaz Group will undertake any legal action necessary to remedy this situation.