The Everyday Resilience Video Series - Licence Agreement

This agreement is between the Licensor of The Everyday Resilience Video Series for Schools (Michelle Mitchell Pty Ltd. ABN: 15 626 773 448) and the Licensee as represented in the purchase process.

The Everyday Resilience Video Series for Schools will be referred to as “the video series” in this document.

The video series is being licensed in good faith that both parties agree as follows:

Scope of agreement

The licensee agrees to pay the licensor the amount of $120.00 inc gst for access to the video series.

This license will be automatically renewed 12 months after purchase date. (until cancelled by the Licensor)

A reminder email, with an easy and clear opt-out option, will be delivered one month and one week prior to renewal date.

If you choose not to renew your school’s log-in access will expire.

Employees

This license is for the exclusive purpose of classroom education, and delivery must be contained to the school location. It is not transferable beyond this and cannot be used for any personal use or financial gain beyond the scope of school-based activities.

The Licensee may permit several employees to deliver the program, provided that the Licensee takes all necessary steps and imposes the necessary conditions to ensure that all employees using the program do not commercialise or disclose the contents of it to any third person or use it other than in accordance with this agreement.

Intellectual Property

Copyright remains the property of the author and apart from any fair dealing for the purposes of private study, research, criticism or review, as permitted under the Copyright Act.

No part may be reproduced, downloaded, forwarded or shared beyond the scope of this licence, by any process without written permission outside the bounds of the license agreement for classroom use set out above.

No copies of the program and any associated files or documents are to be made other than as expressly approved by the Licensor.

No changes to the program or its content and associated files and documents may be made by the Licensee.

The Licensee will not commercialise, distribute, sell, license or sub-License, let, trade or expose for sale the program and its content or associated files and documents to a third party.

The licensee does not acquire any rights of ownership of the video series.

Obligations

The Licensee will provide technological and security measures to ensure that the video series which the Licensee is responsible for, is physically and electronically secure from unauthorised use or access.

Limitation of Liability

The Licensee acknowledges and agrees that neither the Licensor nor its board members, officers, employees or agents, will be liable for any loss or damage arising out of or resulting from the Licensor’s provision of the program under this Agreement, or any use of the program by the Licensee or its employees; and the Licensee hereby releases the Licensor to the fullest extent from any such liability, loss, damage or claim.

The information contained in this program should not substitute medical and/or professional advice, or personal judgement. The author and publisher accept no responsibility for any action taken as a result of this material.

Confidentiality

Each Party must hold the other Party’s Confidential Information secure and in confidence, except to the extent that such Confidential Information: a. is required to be disclosed according to the requirements of any law, judicial or legislative body or government agency; or b. was approved for release in writing by the other Party, but only to the extent of and subject to such conditions as may be imposed in such written authorisation.

Governing Law

This Agreement will be construed by and governed in accordance with the laws of Australia.

Refunds

If the Licensee is unhappy with the program for any reason, a full refund may be sought within 14 days of purchase. Please email shop@michellemitchell.org with any refund requests. Once refunded all access by the Licensee to the program will be revoked.

Termination

This Agreement and the License granted herein commences upon the date of payment of invoice and is granted for the term of the Licence agreement, unless otherwise terminated by the Licensor in the event of any of the following:

a. If the Licensee is in breach of any term of this License Agreement and has not corrected such breach to the Licensor’s reasonable satisfaction within 7 days of Licensor’s notice of the same;

b. If the Licensee becomes insolvent, or institutes (or there is instituted against it) proceedings in bankruptcy, insolvency, reorganization or dissolution, or makes an assignment for the benefit of creditors.

Enquiries beyond the scope of the below terms should be made to the publishers in writing through shop@michellemitchell.org