STRATEGIC MANAGEMENT INSTITUTE E-LEARNING PRODUCTS END USER LICENCE AGREEMENT AND PRIVACY STATEMENT A) END USER LICENCE AGREEMENT
This End User License Agreement (EULA) is a legal agreement between you and HCP Pty Ltd Australia ACN (093043791) trading as the Strategic Management Institute (SMI )and SMI Knowledge , and governs the SMI Online Learning Products made available to you on this site (or through workshops, e-learning, which may include courses and courseware, libraries, clinics, software, code, scripts, schemas, templates, slides, instructions, associated media, Internet-based services, support services, and related printed or electronic documentation (Products). By installing and/or using the Products, you agree to the terms of this EULA (Terms). Please read the Terms carefully and in full prior to completing the installation process and using the Product. If you do not agree with the terms please do not install or use the Product.
General Use Rights
Upon payment of the license fee for the Product specified by The strategic management Institute (SMI), at the point of purchasing the licence for the Product (Licence Fee) or in the event that the Product is not provided for a Licence Fee, then upon downloading, installing or using a Product (Download) (whichever comes first), you are granted a non-revokable, non-transferable, exclusive and limited licence (Licence) to use the Product for your personal training use only and strictly in accordance with these Terms, for the term of the Licence (Licence Term) commencing on the date that you purchase the Licence for the Product.
- You must not share the Licence, or the contents of the Product, with others
- You must not install or use the Product concurrently on more than one computer or other electronic devices without the separate relevant licences.
- You must not access or use the Product via a server or network storage device, including without limitation through Citrix and Citrix-type environments, except solely for the purposes of installing the Product on a computer in accordance with clause (a). You agree that The SMI may, upon reasonable notice to you, audit your use of the Product for compliance with these Terms. In the event that such audit reveals any use of the Product by you other than in full compliance with these Terms, you shall reimburse the Strategic Management Institute for all reasonable expenses related to such audit in addition to any other liabilities SMI incurs as a result of such non-compliance.
- Prior to acquiring a Licence to the Product, you must ensure that you have the requisite computer hardware and software requirements and configuration that is required to successfully run the Program. You will not be entitled to a refund of the Licence Fee and to the extent permitted by law, SMI will not be responsible or liable for any claim, loss or expense that you may suffer as a result of not being able to install and/or run the Program.
- You must not make or distribute copies of the Product, or electronically transfer the Product from one computer to another or over a network.
- You must not alter, digitize, merge, modify, adapt or translate the Product, or decompile, reverse engineer, disassemble, or otherwise reduce the Product to a human perceivable form
- You must not sell, transfer, rent, lease, licence or sub-licence the Product.
- You must not broadcast, transmit or otherwise display in a public forum or any venue not restricted to you, the Product or any part of the Product.
- You must not post the Product or part of the Product on any website.
- You must not assign and/or novate any rights and obligations under these Terms.
- You must not modify the Product or create derivative works based upon the Product.
- You must not use the Product for commercial purposes unless authorised by Strategic Management Institute
- You must not use the Product to develop any product having the same primary function as the Product unless authorised by SMI.
- You acknowledge and agree that the Product may include technical inaccuracies or errors, and the party permitted to make changes to the Product (whether SMI or the supplier of the Product (Supplier)) may make improvements or other changes in the Product at any time.
- SMI makes no warranty as to the accuracy or completeness of any information contained in the Program.
- You acknowledge that any information in the Program is intended to be a guide only. You should not act solely on the basis of the information contained in the Program as parts may be generalised and the application of exercises, examples and case studies may vary from organisation to organisation and may apply differently to different people and circumstances.
- Ownership: The Strategic Management Institute retain all right, title and interest, including all copyright and intellectual property rights, in and to the Product (as an independent work and as an underlying work serving as a basis for any application the Customer may develop), and all copies thereof. All rights not specifically granted in these Terms are reserved by The Strategic Management Institute and its Supplier(s)
- Links to This Party Sites: You may link to third party sites through the use of the Product. The third party sites are not under the control of SMI, and SMI is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. SMI is not responsible for webcasting or any other form of transmission received from any third party sites. SMI is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by SMI of the third party site
- Membership is non-transferable and upon purchase is non- refundable. Membership is renewed annually for Participating members or a once only payment for online members. Participating Members have access to their own details at all times and are able to cancel membership at any time, however refunds are not given for the remainder of the years subscription except with SMI discretion.
- Additional Licensed Content/Services: These Terms apply to any updates, supplements, add-on components, or Internet-based services components, of the Product that SMI may provide to you or make available to you after the date you obtain your initial copy of the Product, unless SMI provides other terms with the update, supplement, add-on component, or Internet-based services component. SMI reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Product.
- Intellectual Property: You must not remove or modify any copyright notice on the Product nor register any copyright based on the Product. You must not use any of the Strategic Management Institute, SMI, SMIKnowledge or its Supplier(s)’ trademark(s) (Trademark), nor register in any country any SMIKnowledge Trademark, or any mark confusingly similar to the SMIKnowledge Trademark, whether along or in combination with the Trademark.
- Security : You must use your best endeavours to ensure that the Product is protected at all time from access, use or misuse, damage or destruction by any person not authorised to use the Product pursuant to these Terms.
- Termination: Without prejudice to any other rights, SMI may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Product and all of its component parts and you will not be entitled to a refund of the License Fee already paid by you. The following provisions of this EULA will survive any termination: All definitions and clauses and this clause Warranties and Exclusion Provisions of the Competition and Consumer Act 2010 and other laws in force from time to time in Australia may imply guarantees, warranties, conditions and impose obligations on The Strategic management Institute and its Supplier(s) (“Implied Terms”). If the Implied Terms apply, to the extent permitted by law, SMI’s liability will be limited at its option to the resupply, repair or replacement of the Product or the cost of such resupply, repair or replacement. Subject to the Implied Terms all representations, guarantees, conditions and warranties of any nature are expressly excluded. Nothing in this clause excludes, restricts or modifies your rights under an Implied Term.
- Exclusion of Incidental, Consequential and Certain Other Damages: Subject to any Implied Term SMI will not be liable to you for any indirect or consequential loss, loss of profit (whether based on contact, tort (including negligence), statute or any other legal theory) or loss of revenue arising in connection with these Terms, the Product, any software for the Product or any support services for the Product.
- Limitation of Liability and Remedy: Subject to any Implied Term and to the full extent permitted by any applicable law, the cumulative total liability of SMI and/or any of its Suppliers under these Terms (regardless of the basis of the claim or action, including negligence and gross negligence) will not exceed the greater of two (2) times the License Fee for the Product paid to SMI .
- Your indemnity: You will indemnify Strategic Management Institute, its directors, employees, contractors and agents from and against all damages, losses, claims and expenses: In the event that your act or omission causes or contributes to SMI breaching its obligations with the Supplier of the Product, as a result of your use of the Product, including but not limited to, any modification by you of the Product (whether done with SMI’s consent or otherwise) which causes the Product to infringe the intellectual property rights of a third party (including the Supplier(s)).
- Variation of the Terms: The Strategic Management Institute reserves the right to amend these Terms from time to time without notice to you and you will be subject to the Terms in force at the time you purchase the Licence for the Product or Download the Product whichever is applicable.
- General Conditions: The failure, delay, relaxation or indulgence on the part of a party in exercising, in part or whole, any power, right or remedy conferred upon that party by these Terms shall not operate as a waiver of that power, right or remedy. If any provision of these Terms is invalid or not enforceable by a court of competent jurisdiction, the relevant Term is to be read down and shall otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms. These Terms are governed by and are to be construed in accordance with the laws in force in Victoria, Australia. Each party irrevocably and unconditionally submits to the nonexclusive jurisdiction of the courts of Victoria and waives any objection that it may have that proceedings have been brought in an inconvenient forum.
The Strategic Management Institute is committed to protecting your privacy and the confidentiality and the security of personal information provided by you. The personal information you provide is necessary to process your registration form which may include updating your record and profile information. We may use your personal information to contact you about professional development and associated events, SMI, provides you with the latest news as an SMI Update, to conduct analysis or market research to identify the ongoing needs of registrants , how to become a member of the Strategic management Institute and to generally provide you with information on services and benefits. Personal information provided by you may be disclosed to external organisations that we engage for certain business functions such as our mailing houses, printers, technology service providers and marketing and communications agencies. Your personal information may be transferred or stored outside the country where the information was collected for the purposes stated above. You have the right to access or correct any personal information we hold about you (subject to any applicable legal exceptions) and can do this via the “Update my profile” service on our website at smiknowledge.com You can use this service to opt out of receiving further communications from us.