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AESN-P [2007] PubRL 2 (1 January 2007)


AEShareNet Unlocked Content Licence


Version: 4

Date: 3 May 2007

Copyright: 2007 TVET Australia Limited

URL: http://www.aesharenet.com.au/U4/

Type: Generic

Country: Australia


Licence Text

Purpose of Licence Protocol

For Preserving Integrity. Material with AEShareNet-P Licence Mark may be freely used, copied and distributed - in original form only. Suited to Material which derives value from completeness or consistent form, eg, policy documents, research reports, speeches, curriculum documents and training packages.

Part A: Protocol Control Information

Licence Regime

AEShareNet-P

Version

04

Licence Mark

AEShareNet-S Licence Mark as depicted at:
http://www.aesharenet.com.au/P4

Status

Current

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Part B: Conditions of Licence

The Licence - Main Particulars

Licensed Material:

Material as embodied in any Copy legitimately in possession of the Licensee which bears the AEShareNet-P Licence Mark with authorisation of the Licensor.

Licence period:

For the duration of subsistence of copyright

However the Licensee must always work from a Copy legitimately acquired, which properly retains the AEShareNet-P Licence Mark as above.

Provision of Licensed Material:

A Licence is extended only if the Licensee already has a Copy. After the Licence arises, there is no obligation on the Licensor to provide assistance or to furnish the Licensed Material in any particular form, or at all.

Warranty:

Licensor warrants that they are entitled to grant Licence and that Licensee's exercise of the Licence will not infringe third party rights, including copyright and performers' rights.

Territory:

Everywhere

Scope:

Licensee may exercise:

•User Rights;
•Copying Rights;
•limited Development Rights, as set out below;
•Supply Rights.

Licensee may not Sub-license the Licensed Material.

Interpretation of Licence Conditions:

The Licence is construed in accordance with the Glossary.

Special Conditions:

The Licensor may notify additional conditions of the Licence to the prospective Licensee when, or prior to the time when, the Licence arises, eg, by inclusion in the Metadata.

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User Rights and making of Copies

User Rights:

Comprehensive right to Use the Licensed Material.

Copying Rights:

Unrestricted copies permitted.
Original Metadata (including AEShareNet-P Licence Mark) must be retained.

Development Rights (making of Derivatives)

Edited Version:

Edited Versions permitted.
Vetting not required.

There is no fresh layer of copyright so ownership issues do not arise.
Original Metadata (including AEShareNet-P Licence Mark) must be retained, to the extent appropriate.

Enhancements:

Enhancements not permitted.
Vetting and ownership issues do not arise.

Supplementary Work:

Supplementary Work permitted.
Vetting not required.
Copyright Partitioned. Metadata as above for included Material. Licensee applies own Copyright Statement to Supplementary Work.

Compilation:

Inclusion in Compilation permitted. Vetting not required.
Copyright Partitioned. Metadata as above for included Material.
Licensee applies own Copyright Statement to Compilation as a whole.

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Moral Rights

Moral Rights of authors:

Licence excludes any act which would constitute an infringement of a Moral Right of the author(s). Licensee should make own judgments and obtain any consent that may be necessary.

Economic Rights

Supply Rights:

Licensee permitted to Supply to any End-user, whether an AEShareNet Member or not.

Supply Mode:

Any

Sub-licensing Rights:

Sub-licensing is not necessary.
A Licence is extended by the Licensor directly to anyone who legitimately acquires a Copy bearing the AEShareNet-P Licence Mark.

Purpose:

No restriction on purpose for which Economic Rights may be exercised by Licensee. No requirement to apply proceeds for benefit of any particular target group or purpose.

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Remuneration

Licence Fee, Deliverables and pricing:

Nil.

Royalties:

Nil.

Accounting And Reporting:

Not applicable.

Last Reporting Date

Not applicable.

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Part C: Licence Operation

Extending a Licence

Licensor:

Any person, whether an AEShareNet Member or not, who is the owner of copyright in the Licensed Material.

Mandatory Requirements:

The Licensor (or a person acting on their behalf) applies the AEShareNet-P Licence Mark within, on or in relation to the ‘Source Copy’ of the Material, in accordance with the rules set out at www.aesharenet.com.au.com.au/P4

Guidelines:

To facilitate discovery and distribution, the Licensor may Register the Material at the AEShareNet Website specifying the AEShareNet-P Licence Mark. The Licensor may apply a Copyright Statement within, on or in relation to the Source Copy.

Accepting the Licence

Who can accept a licence:

Any person, whether an AEShareNet Member or not.

Mechanism for acceptance:

A Licence arises automatically when the Licensee legitimately acquires or accesses a Copy which has been directly or indirectly derived from the Source Copy, and which legitimately retains the Licence Mark.

Commencement:

Immediately upon acquisition of the Marked Copy as above.

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Managing the Licence

Varying the Licence:

Only by agreement in writing between the parties.
Cannot be mediated through the AEShareNet licensing system.

Terminating the Licence:

By agreement in writing between the parties. Cannot be mediated through the AEShareNet licensing system.
Licensor may curtail new Licences by substituting versions without the Licence Mark.

Assigning the Licence:

Only by agreement in writing between the parties. Cannot be mediated through the AEShareNet licensing system.



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