License of Use Agreement
The License of Use Agreement (this “Agreement”) is between the “User” and Life House learning Pty Ltd (the “Owner”).
This Agreement will commence on the date of purchase of the applicable course (collectively referred to as the “Works.”) and comes into effect upon receipt of payment for the Works and continues until the end of the calendar year in which the course was purchased upon which the License of Use terminates.
1. The Owner owns all proprietary rights in and to the copyrightable and/or copyrighted Works described in this Agreement.
2. The User desires to obtain, and the Owner has agreed to grant, a license authorising the use of the Works by the User in accordance with the terms and conditions of this Agreement.
The parties agree to abide by the terms as follows:
GRANT OF LICENSE. In accordance with this Agreement, the Owner grants the User a non-exclusive license to access the Works. The Owner retains title and ownership of the Course. This grant of license applies only to the User and is non-transferable.
MODIFICATIONS. Unless the prior written approval of the Owner is obtained, the User may not copy, record or modify or change the Works in any manner. The User shall not use the Works for any purpose that is unlawful or prohibited by these Terms of the Agreement.
DEFAULTS ON AGREEMENT. If the User fails to abide by the obligations of this Agreement, including the obligation to make payment when due, the Owner shall have the option to cancel this Agreement by providing 7 days written notice to the User. The User shall have the option of taking corrective action to cure the default to prevent the termination of this Agreement if said corrective action is enacted prior to the end of the time period stated in the previous sentence.
TRANSFER OF RIGHTS. Neither party shall have the right to assign its interests in this Agreement to any other party, unless the prior written consent of the other party is obtained.
INDEMNIFICATION. Each party shall indemnify and hold the other harmless for any losses, claims, damages, awards, penalties, or injuries incurred by any third party, including reasonable attorney’s fees, which arise from any alleged breach of such indemnifying party’s representations and warranties made under this Agreement, provided that the indemnifying party is promptly notified of any such claims. The indemnifying party shall have the sole right to defend such claims at its own expense. The other party shall provide, at the indemnifying party’s expense, such assistance in investigating and defending such claims as the indemnifying party may reasonably request. This indemnity will survive the termination of this Agreement.
AMENDMENT. This Agreement may be modified or amended, only if the amendment is made in writing and is signed by both parties.
TERMINATION. This Agreement may be terminated by either party by providing 30 days written notice to the other party. In the event of termination, all monies are non-refundable. Upon termination or expiration of this Agreement, the User shall cease reproducing, printing, viewing or distributing the Works with immediate effect. Termination or expiration of this Agreement shall not extinguish any of the User or Owner’s obligations under this Agreement.
SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
By the User effecting payment to the Owner for the purchase of an annual License of Use for the Works, the User and Owner are deemed to be in agreement with the terms of this License of Use Agreement. This Agreement shall be governed by the laws of South Africa.