9.1 The Copyright Material is licensed on an “as is” basis, and the Licensor disclaims any and all other warranties, whether express or implied, including, without limitation:
a) The Licensor does not warrant that the Copyright Material meets the Licensee’s requirements.
b) The Licensee assumes responsibility for selecting the Copyright Material to achieve the Licensee’s intended results, and for the results obtained from the Licenseer use of the Copyright Material.
c) The Licensee bears the entire risk as to the quality and the performance of the Copyright Material.
9.2 In no event shall the Licensor be liable to the Licensee or any party related to the Licensee for any indirect, incidental, consequential, special, exemplary, or punitive damages or lost profits, irrespective of whether or not the Licensor has been advised of the possibility of such damages.
9.3 The Licensor does not give warranty nor accept any liability in relation to the content of any of the Copyright Material, even though every effort has been made on the part of the Licensor when developing the Materials to meet compliance requirements as stipulated by the VRQA, ASQA, Victorian Licensing & Regulation Division or other State specific educational and/or Security Industry Regulators.
10.1 The Licensor reserves the right, in its sole discretion, to amend this Agreement from time to time with notification to be given of amendments to the Licensee. If there is a conflict between this Agreement and the most current version of this Agreement, the most current will prevail. If the Licensee does not accept amendments made to this Agreement, then this license will be immediately terminated.
11.1 The Licensee shall, in addition to fees required under this Agreement for use of the Copyright Material, pay all applicable taxes including GST.
12. Interpretation and Jurisdiction
12.1 This Agreement will be interpreted according to the laws of the state or territory described, the Licensor and the Licensee submit to the exclusive jurisdiction of that State or Territory.
12.2 This Agreement represents the entire Agreement between the Licensee and the Licensor concerning the Copyright Material, and this Agreement supersedes and replaces any prior proposal, representation, or understanding the Licensee may have had with the Licensor.
13. Validity and enforceability of provisions
13.1 If any provision of the Agreement is held by a court to be unlawful, invalid or unenforceable, then the validity and enforceability of the remaining provisions will not be affected.
13.2 The Copyright Material is provided for use within Australia (state/territory specific as identified), and as such approval for accreditation with registering bodies is not stated nor implied as part of this Agreement. The parties understand that the Copyright Material will not provide any automatic approval to deliver nationally accredited security related courses unless approval is provided from the Licensing Regulator (if applicable) and the state or national VET regulator for example Victoria = VRQA or national being ASQA.
13.3 The Licensee agrees to deliver a course for which the Copyright Material is intended over the entire period as per the training plan/training schedule, and as required by the State Licensing