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EDG LICENCE AGREEMENT (Version 3)
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IMPORTANT - READ CAREFULLY: 

By accessing or using the EDG Online, including any printed copies or downloaded 
content from it, you agree to be bound by the terms of this Licence. If you do not agree to 
the terms of this Licence, do not continue to access or use EDG Online.

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1.	DEFINITIONS
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The following definitions apply:

Environment Design Guide is referred to as:
   - 'EDG'
   - 'Environment Design Guide’
   - when delivered via this Website, EDG Online

'Licence' refers to this agreement

'Content' applies to:
   - the text on EDG Online 
   - the graphics on EDG Online 
   - the text and graphics within any document downloaded from EDG Online 

'Product Owner' is The Royal Australian Institute of Architects trading as the Australian 
Institute of Architects ("the Institute"),  ABN 72 000 023 012

'Website' refers to:
   - the system design of the Website
   - the electronic security access programme

'Wholesale subscription' refers to:
   - a bulk subscription that is calculated on the number of potential Users in the 
       Subscriber’s organisation who will be permitted access to EDG Online

'Site' refers to physical premises where EDG Online is to be used

'Website Owner' is I-Nex Corporation Pty Ltd ("I-Nex") ABN 56845203244

'Subscriber' refers to the person or entity who has paid for a current EDG Online 
 subscription

'Use' refers to online use of, printing or downloading Content from, EDG Online.

'User' refers to a person or entity that makes use of EDG Online


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2.	PARTIES
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This Licence is a legal agreement between you, a Subscriber or User (either an individual 
or a single entity), the Product Owner and the Website Owner, as owners or licensees of 
copyright in EDG and EDG Online, respectively.



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3.	TERMS
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3.1	In the following we refer to the person who accesses this Website as either 'you' or 
	'your', as the context requires.

3.2	You may only use Content provided on and through EDG Online in accordance with 
	the terms of this Licence, which includes the restriction of access described in clause 
	4, below. 

3.3	Your access to and use of EDG Online is conditional on your acceptance of these 
	terms. If you do not accept these terms you must not access or use or continue to 
	access or use EDG Online.

3.4	As consideration for your acceptance of these terms, the Institute grants you a 
	revocable, non-exclusive, non-transferable licence to access and use EDG Online 
	and to reproduce the Content in accordance with, and subject to, these terms.

3.5	If you have purchased an individual subscription or otherwise entered into another 
	written agreement with the Institute, including a Wholesale Subscription, your access 
	to and use of this EDG Online is subject to and in accordance with the terms of that 
	agreement.  If there is inconsistency between that agreement and these terms, the 
	terms and conditions of that agreement prevail.


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4.	SUBSCRIBER ACCESS
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4.1	The Content is divided into two sections:

   (a)	the Subscribers’ Section, accessed by a unique username and password, or 
	other method of access at the sole discretion of the Institute (the    'Login')

   (b)	a section that you may access without Login.

4.2	You will have been provided with a Login, if you :

   (a)	have been granted a complimentary subscription, or 

   (b)	have purchased an individual subscription from the Institute, or  

   (c)	are an employee or officer of an organisation authorised to have access under 
	a Wholesale Subscription, or 

   (d)	are a current staff member or enrolled student authorised to have access by an 
	educational institution under a Wholesale Subscription.

   (e)	you are authorised to have access under another agreement that is not a 
	Wholesale Subscription.

4.3	You agree that:

   (a)	the Login is required to access the Subscribers’ Section;

   (b)	the Login is non-transferable

   (c)	you will not disclose the Login to any other person, except in accordance with 
	he directions of your employer, or organisation or Educational Institution;

   (e)	you will keep the details of the Login safe and confidential;

   (f)	you will not use a Login that has been issued by the Institute to some other 
	person, employer, organisation, or Educational Institution;

   (g)	the Institute may, at its sole discretion, suspend or cancel the Login if you are 
	in breach of these obligations, or because the subscription under which it was 
	granted has expired

4.4	You agree that the Institute may, from time to time, and at its sole discretion:

   (a)	vary the Login, or;

   (b)	carry out maintenance or other work on EDG Online that may limit or deny 
	access to you indefinitely; or

   (c)	restrict or deny access to EDG Online or part of it, as compelled by, or to avoid 
	or alleviate, breach of any law. 

   (d)	determine whether or not, and on what terms, a refund is payable.


4.5	You acknowledge and agree that the Institute does not promise or make any 
	representation that:

   (a)	EDG Online, its Content, or the Website server are virus free, or

   (b)	this Website or the Content are free of errors and defects or will be corrected.



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5.	PERMISSION TO USE OR REPRODUCE CONTENT
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5.1	Provided you do not remove any copyright or trade mark notices contained on or in 
	the Content, you may make temporary electronic copies of it as necessary to browse 
	EDG Online and you may download and print a copy of a paper from the Website for 
	non-commercial personal use, or research.  Non-commercial use means use that is 
	not for sale, resale, loan, transfer, hire or another form of commercial use, including 
	copying EDG Online Content for use on other web pages.
	If you are a User in an organisation granted access under a Wholesale Subscription, 
	or other agreement, sufficient copies may be made for distribution to and use by 
	those members of the organisation who are covered by the Wholesale Subscription 
	or other agreement.

5.2	In addition to the above, if your login is provided by an educational institution, you 
	may reproduce Content in accordance with published guidelines provided to you by 
	the educational institution.

5.3	No commercial use, or use other than for personal or research use, is permitted 
	without the express written permission of the Institute. 
 
5.4	All content reproduced must acknowledge the author and source of the material. 

5.5	You acknowledge and agree that:

   (a)	the information contained in the Content may be out of date; and

   (b)	you may not rely on any of the Content without first making independent 
	enquiries to verify facts.


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6.	CONTACT
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If you have any questions concerning this Licence, or if you wish to contact the Institute or 
I-Nex for any reason, please write to: 

	The Managing Editor, 
	Environment Design Guide
	Knowledge Services
	Level 1, 41 Exhibition St
	Melbourne, Victoria, 3000
	Australia
	phone: 	(+61 3) 8620 3877
	fax: 	(+61 3) 8620 3864
	email: 	edg@architecture.com.au


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7.	APPLICABLE LAW
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7.1	This Licence is governed by the laws of the State of Victoria and all parties submit to 
	the non-exclusive jurisdiction of Victoria's Courts.

7.2	If this Licence was acquired outside Australia, then other local laws may apply but 
	they will not extinguish or derogate from the application of the jurisdiction of the 
	Commonwealth and of Victoria. 


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8.	INTELLECTUAL PROPERTY
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8.1	You agree that EDG Online contains intellectual property belonging to the Institute 
	and I-Nex that is protected by the laws of the Commonwealth of Australia and 
	international treaties, including, but not limited to, copyright in the Content or services 
	provided by this Website.
 
8.2	You agree that except as expressly set out in these terms, nothing can be construed 
	as conferring any other licence or right, by implication, estoppel or otherwise.

8.3	You agree that except as provided in clause 5 above, you must not use this Website 
	or the Content of EDG Online to:

   (a)	reproduce the Content in any material form;

   (b)	distribute the Content in any material form;

   (c)	re-transmit the Content by any medium of communication;

   (d)	upload or repost the Content to any other site or location on the internet or 
	other on-line service, or

   (e)	‘frame’ the Content with other material on any other site or location, or on-line 
	service.

8.4	You agree you must not:

   (a)	decompile, reverse engineer, disassemble, or create derivative works from this 
	Website or the Content for any purpose, commercial or otherwise. 

   (b)	use any network monitoring or discovery software to derive the Website system 
	design, to monitor or copy it, cache its Content or to extract usage information, 
	or individual Logins other than your own;

   (c)	intentionally or recklessly harm or cause loss to any person by use of the 
	Content


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9.	LINKING TO THE EDG ONLINE
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9.1	Your website may link to pages in the EDG Online provided that no attempt is made 
	to pass off the Content of EDG Online as the property of the linking website, 
	including presenting EDG Online Content as a frame within their web pages.

9.2	EDG Online contains links to sites owned and operated by third parties and which 
	are not under the control of the Institute.  The Institute:

   (a)	provides the link or links as a convenience to you and no endorsement by the 
	Institute of these sites is expressed or implied;

   (b)	is not responsible for, makes no warranties for, and accepts no liability in 
	relation to the content of those sites.


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10. 	SEVERANCE AND CONTINUANCE
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10.1	If any of these terms are at law void, unlawful or unenforceable then that term is 
	severed from the remainder, which continue unaffected.

10.2	Clauses 4.3, 4.5, 5, 7, 8, 9 and 11 continue despite termination of the licence or 
	restriction, suspension or denial of your access to this Website.



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11. 	NO WARRANTY OR LIABILITY
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11.1	You agree that except as is incapable of exclusion by operation of the laws of 
	Victoria or the Commonwealth, the Institute and I-Nex disclaim any and all express 
	or implied warranties, guarantees or representations of merchantability, reliability or 
	fitness for any particular purpose of EDG Online, or its Content.

11.2	You also agree that the Institute or I-NEX are not liable for any loss suffered by you 
	whatsoever (including, without limitation, loss of business profits, business 
	interruption, loss of business information, or any other pecuniary loss consequential 
	or otherwise) arising out of the use of or inability to use this product, or out of 
	restricted or denied access, even if the Institute or I-NEX has been advised of the 
	possibility of such loss and whether caused through negligence of the Institute or 
	I-Nex, its employees or independent contractors, or through any other cause.

11.3	To the extent that the limitation of liability contained in clause 8.2 is prohibited, you 
	agree that the sole obligation to you of the Institute or I-Nex for any loss of any kind 
	resulting from your access or use of EDG Online is limited to the refund of the fees 
	and charges paid by you to the Institute, if any.


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