FANTASTIC PHONICS READING PROGRAM

TERMS OF USE AND LICENCE AGREEMENT

BACKGROUND

1. The Fantastic Phonics Program ('the Program') is a learn-to-read program provided in electronic form on a licensed basis.
2. This program and the intellectual property of this program is protected under the Copyright Act 1968 (Cth) and its registered trade mark is protected under Trade Marks Act 1996 (Cth).
3. This Terms of Use and Licence Agreement ('the Agreement') contains the terms and conditions that the holder of a license agrees to by using the Fantastic Phonics program.
4. No unauthorised use of this program or associated or derivative programs is permitted.
5. Fantastic Phonics is owned by Jennifer Cooper and Donn Trent and is subject to Australian Copyright Law. We take breaches of the copyright seriously and advise that we will seek legal remedy where breaches are detected.
6. By purchasing or receiving a valid license, you automatically accept all the terms of our Conditions of Use and Disclaimer.

1. Family License means the license holder is entitled to use the Program for family members only. Copies of the program, in printed or electronic form, cannot be distributed to any non-licensed persons who reside outside the family home. The Program cannot;

1. be given to a school or an acquaintance;
2. stored outside the family computer;
3. be uploaded to an internet based storage system; or
4. be uploaded to a 3^rd party internet site for download.

School License - the license holder is a school. It may be purchased by a teacher or administrative assistant, but the license applies to and is owned by the school at which the teacher or administrative assistant works at the time of purchase.

The school license allows the school to print copies for up to 5 classes. It may not be used outside the school for which the license is purchased. Purchase of the license grants the school access via the website to download the program and store it on its servers. Access to the download facility terminates 12 months after purchase. Purchasers should ensure they have downloaded and stored the program securely.

If the Program is lost, stolen or damaged in that initial 12 month period, the School and re-download. After that 12 month period, the account is closed to download. If further download of the product is required, A school can purchase access via another license purchase.

Buyout School License - the license holder is a school. It may be purchased by a teacher or administrative assistant, but the license applies to and is owned by the school at which the teacher or administrative assistant works at the time of purchase.

The school license allows the school to print copies for up to 5 classes. It may not be used outside the school for which the license is purchased. The license is purchased on a one-off basis and can be used permanently.

NGO and Charity License - at its discretion, Fantastic Phonics will waive the purchase cost of the program. All licensee responsibilities under the license remain.

Licenses are not retrospective means you have been using the program, then you must purchase licenses which cover your whole use, dating back to when you started any use of any Fantastic Phonics component of the Program. This applies to any samples that you may have been using.

Sole purpose of the school licenses. A license is for the sole purpose of printing the Program and providing it to the students within the confines of the school which owns the license. You cannot create derivative works which rely on Fantastic Phonic’s components, or create derivative literacy programs which identify (in any way) Fantastic Phonics as the active decodable books for your derivative work without permission. We consider derivative works which rely on Fantastic Phonics (in any way) to fall under this license – you cannot sell or distribute as your own creation.

This is to prevent derivative works which reduce the effectiveness of the program or compromise the Program integrity.

2. Fantastic Phonics is a learn to read program which is a collection of digital media including PDFs, webpages, documents, multimedia, images and video. From time to time, the collection will be extended under the imprint of the “Fantastic Phonics” logo and any such additions will be covered by this agreement.
3. Fantastic Phonics is available from websites www.early-reading.com and www.FantasticPhonics.com and www.teachtheworldtoread.com and may also be available from other websites, as yet unidentified. The source of the Program does not alter the copyright or your obligation to hold a license.
4. The Reading Program identified as Fantastic Phonics is owned by Fantastic Phonics/Jennifer Cooper/Donn Trent, and is Published by Fantastic Phonics. Copyright of the written books resides wholly with Jennifer Cooper, dated 1998. (© Jennifer Cooper 1998)
5. Fantastic Phonics asserts copyright and all other intellectual rights on the Websites and all material on the site that is created by Fantastic Phonics. All content included on this site, such as text, graphics, logos, images, audio and video clips, reports, abstracts, downloadable items is the property of Fantastic Phonics or its content suppliers and protected by Australian and international copyright laws.
6. Fantastic Phonics® is a registered trademark.
7. The trademarks “Fantastic Phonics®”, and other Fantastic Phonics products and services referred to in the Websites are trademarks of Fantastic Phonics.  Nothing contained in the Websites should be construed as granting any license or right of use of any trademark or part of any trademark displayed on the Websites without the express written permission of Fantastic Phonics or its representative(s).
8. Subject to the fair dealing provisions of the Australian Copyright Act 1968, or any other applicable legislation throughout the world, you must not make any other use of this material unless you have our written permission to do so.
9. The information on the Websites is not to be passed off as your own. While we encourage you to link to any part of the Websites, you are not permitted to frame any parts of the site without our written permission.
10. Parties posting to the Websites will indemnify Fantastic Phonics, all of its employees, shareholders, suppliers and customers for any loss arising from copyright infringement.

11. This document applies in full to www.early-reading.com, and the terms www.teachtheworldtoread.com and www.early-reading.com and www.fantasticphonics.com are interchangeable and should be read as the same (“This website”). This website is owned and operated by FantasticPhonics (“we”, “us”, “our”) as the legal owner of Fantastic Phonics (“the program”).
12. These Terms of Use form an agreement between the website and/or program user (“you”, “your”) and us. You must not access or use this website or use the program unless you accept all of these Terms of Use. By accessing and using this website or using the program (from whatever source) you confirm your acceptance of these Terms of Use.
13. We reserve the right to change these Terms of Use from time to time and without notice by publishing the changed Terms of Use on the website.
14. The Fantastic Phonics license retains all the characteristics of a commercial license with regards to copyright, resale and correct citation of author and publisher. It is not an OEM product, or a product licensed under a GNU General Public License (GNU GPL or GPL) license.
15. You must properly cite the author (Jennifer Cooper-Trent) and the Publisher (www.FantasticPhonics.com) in all references, reports, articles and webpages that discuss your use of the reading program. For example, if you mention “decodable readers” you must insert “Fantastic Phonics” immediately before the mention. This applies to (but is not limited to) phrases such as “reading program”, “learn to read program”, “literacy program” or any combination of words which refers to your use of “Fantastic Phonics”.
16. You must not pass the program off as your own creation, or embed the program in your own work without prior permission. Where permission is granted for embedding, you must properly cite the author and publisher. This is a legal requirement.
17. You are not permitted to resell Fantastic Phonics, provide Fantastic Phonics to any third party for sale, or (in the case of a school) provide Fantastic Phonics for use outside the licensed school without prior permission (e.g. you cannot provide a student with a take-home copy). We will provide you with an additional license to cover this distribution.
18. You are not permitted to change the program in any way without permission. You cannot remove the correct citation of the copyright owner, or the title page of any book, under any circumstances.
19. You cannot combine any part of Fantastic Phonics in another publication without prior permission.
20. Any derivative works (which you make) which use Fantastic Phonics components are considered a derivative work and are covered by the Fantastic Phonics license. You cannot sell or distribute a derivative work which refers to any component of Fantastic Phonics and relies on Fantastic Phonics for its effectiveness. This includes, for example, creating a curriculum that is based on the Program, or which relies on the Program’s decodable readers, or cites sentences, book titles or book numbers.
21. At our discretion we will consider derivative works to be covered under the Program copyright, entitling us to consider the derivative work as our own creation. If you are unclear, remove all references to Fantastic Phonics (including book titles, book numbers, images and sentences) that are found in Fantastic Phonics and/or identify or relate to Fantastic Phonics.
22. Unless otherwise specified, all licenses and access to the identified websites exist for 12 months. At the end of the license period, you must purchase or apply for another license. Otherwise all copies, either in electronic form or printed form, must be destroyed, and use of the program must be discontinued. This applies to derivative works, (media or any type) which use Fantastic Phonics components, or which are variations based on Fantastic Phonics (such as different images for the stories, videos or slideshows) must be destroyed.Any electronic or printed documents which are copyright to Fantastic Phonics or Jennifer Cooper must be destroyed and if asked, your school must also provide confirmation that no part of the program is in use.
23. At our discretion, Fantastic Phonics will provide licenses which are not based on a time period, but based on other conditions, such as number of printed copies, number of students, number of schools, number of user logins, a specific project or for inclusion in another publisher form, either electronic or printed. Where this occurs, all other conditions of this license continue to apply, excepting for the variation specified in the License Variation.
24. Where we collect your personal information as a result of your accessing and using this website, our Privacy Policy will apply to that information.
25. The entire contents of this website and the Program and any other document, image, video, multimedia are protected by copyright and other laws of Australia, and under similar laws and international conventions in other countries. You acknowledge and agree that all copyright, trade marks and other intellectual property rights that may subsist in this website including text, illustrations, photographs, video, music, sounds, layout, designs, source code, belong to us. We value Our Intellectual Property and will vigorously enforce our rights to the fullest extent permitted by law.
26. Your use of this website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that this website or any associated services will be error free, without interruption or delay, or free from defects in design. We will not be liable for any damages or refunds should this website become interrupted or delayed for any reason.
27. While we endeavour to ensure that the content of this website is free from errors, we do not give any warranty or other assurance as to the content of material appearing on this website, its accuracy, completeness, timeliness or fitness for any particular purpose.
28. Although we endeavour to prevent the introduction of viruses or other malicious code (together, “Malicious Code”) to this website, we do not guarantee or warrant that this website, or any data available from it, does not contain Malicious Code. We will not be liable for any damages or harm attributable to Malicious Code. You are responsible for ensuring that the process that you employ for accessing this website does not expose your computer system to the risk of interference or damage from Malicious Code.
29. You will indemnify us, our officers and employees from and against all claims, demands, damages, losses, costs, and expenses arising from:
    1. your access to, use of, or reliance upon any part of this website;
    2. any breach of these terms of use by you or by any person who uses your account (regardless of whether that person has your authorisation); and
    3. your negligent or wilful acts or omissions in accessing or using this website; and You agree to fully indemnify us (TeachtheworldtoRead.com, Early-reading.com and Fantastic Phonics) against all losses, expenses, costs, damages, claims, action incurred by or brought against us arising from your misuse of this Website or any of its contents.
    4. training and associated activities.
30. Although we endeavour to protect the security of your personal information you acknowledge that there is a risk of unauthorised access to (or alteration of) your transmissions or data or of the information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any losses that you may sustain as a result of such unauthorised access or alteration.
31. If you give us feedback about this website or our products or services, you grant us the right to use that feedback for the purpose of improving our website, products or services (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation in respect of our use of that feedback.
32. To be able to access the functionality offered on this website, you must create an account. You must ensure that your account details are complete and accurate when submitted to us, and you must keep your account details up-to-date.
33. Your username and password are personal to you and you must at all times maintain the confidentiality of your username and password and not disclose them to any third party. You agree that you are solely responsible for any use of this website by any person using your username and password and you agree to indemnify us against any and all claims arising out of your failure to maintain the confidentiality of your username or password.
34. You hereby acknowledge that any reliance upon any Materials (“Materials”) shall be at your sole risk. Fantastic Phonics reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service (“Services”) or the Materials.
35. The Service and the Materials are provided by Fantastic Phonics on an “as is” basis, and Fantastic Phonics expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to the Service or any Materials and Products. In no event shall Fantastic Phonics be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service, the Materials and the Products.

36. for all Fantastic Phonics products and services including educational software, educational materials (in printed and digital form), educational services (assessments, teaching, training, seminars, conferences, exhibitions, courses (both face to face and online), educational consultancy services and membership programs, Fantastic Phonics and Jennifer Cooper owns the copyright in these products.
37. In purchasing a Fantastic Phonics license, you acquire the right to use the product according to the license, subject to the copyright laws and the terms of this notice.
38. You agree not to undertake any act that infringes the copyright in this product. In particular, you agree not to copy, reproduce, translate, adapt, vary or modify this product without the express consent of Fantastic Phonics, or unless otherwise permitted by the Copyright Act 1968 (Cth).
39. Permission is granted for you to only use this product for personal educational use or use in schools with State/Territory accreditation if in Australia, or equivalent accreditation or registration if in other countries (“Accredited Schools”). Other commercial use, hiring or lending, or other use as part of any commercial, not-for-profit or fee paying programme of instruction or tuition not carried out by an Accredited School is strictly prohibited unless you have a licence from Fantastic Phonics for this purpose, and then only on the terms of that  licence.
40. Your right to use this product commences upon your purchase of the product, but this right to use may be terminated if you infringe Fantastic Phonics’ rights in the product.
41. Any unauthorised use of this product may incur a breach of copyright penalty as well as being a breach of this Licence Agreement.
42. Your right to use shall be governed by and construed according to the laws of the State of New South Wales, Australia.
43. Refunds are not given for software products unless technical errors prevent the use of the product. In this event, Fantastic Phonics must be given the opportunity to correct the error prior to any refund.

The Trade Practices Act and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision by us of goods or services on the Websites, which cannot be excluded, restricted or modified.  We do not exclude these rights but do exclude all other conditions and warranties implied by custom, law or statute.

To the fullest extent permitted by law, Fantastic Phonics’ liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Fantastic Phonics to the following:

1. In the case of services supplied or offered by Fantastic Phonics, the supply of the services again, or the cost of having services supplied again

2. In the case of goods supplied or offered by Fantastic Phonics, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of the replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.