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AESN-S [2007] PubRL 3 (1 January 2007)

AEShareNet Share and Return Licence

Version: 4

Date: 3 May 2007

Copyright: 2007 TVET Australia Limited

URL: http://www.aesharenet.com.au/S4/

Type: Generic

Country: Australia

Licence text

Purpose of Licence Protocol

Standard Licence Regime for Sharing and Returningimprovements. Material with AEShareNetS Licence Mark may be freely used, copied, adapted and distributed. But copyright in any Enhancements consolidates with the owner. Encourages adaptation, whilst reducing fragmentation of ownership of different versions.

Part A: Protocol Control Information

Licence Regime

AEShareNet-S

Version

04

Licence Mark

AEShareNet-S Licence Mark as depicted at:
http://www.aesharenet.com.au/S4

Status

Current

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 AEShareNetS 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 AEShareNetS 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;
•Development Rights;
•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.

User Rights and making of Copies

User Rights:

Comprehensive right to Use the Licensed Material.

Copying Rights:

Unrestricted copies permitted.
Original Metadata (including AEShareNetS 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 AEShareNetS Licence Mark) must be retained, to the extent appropriate.

Enhancements:

Enhancements permitted.
Vetting not required.
Copyright Consolidated with original owner.
Original Metadata (including AEShareNetS Licence Mark) must be retained, to the extent appropriate.
If Enhanced version published, Licensee must give Licensor a free Copy.

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.

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 AEShareNetMember 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 AEShareNetS 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.

Remuneration

Licence Fee, Deliverables and pricing:

Nil.

Royalties:

Nil.

Accounting And Reporting:

Not applicable.

Last Reporting Date

Not applicable.

Part C: Licence Operation

Extending a Licence

Licensor:

Any person, whether an AEShareNetMember 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 AEShareNetS 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/S4

Guidelines:

To facilitate discovery and distribution, the Licensor may Register the Material at the AEShareNetWebsite specifying the AEShareNetS 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 AEShareNetMember 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.

Managing the Licence

Varying the Licence:

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

Terminating the Licence:

By agreement in writing between the parties. Cannot be mediated through the AEShareNetlicensing 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 AEShareNetlicensing system.