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WOU TERMS OF USE

  1. By accessing or using the Window on the Universe CDROM (WOU CDROM) you agree to the Terms of Use.

  2. The BNSC Consortium (Consortium) reserves the right to change the Terms of Use periodically at its sole discretion.

  3. When using particular WOU CDROM materials, you shall be subject to any posted guidelines or rules applicable to such material that may contain terms and conditions in addition to those in these Terms of Use.

  4. If you breach any of the Terms of Use, your authorisation to use the WOU CDROM automatically terminates and you must immediately destroy any materials downloaded or printed, including the WOU CDROM itself.

    COPYRIGHT

  5. The materials on this WOU CDROM, including but not limited to, articles, images, videos, animations, multi-media features, software and accompanying documentation are protected by copyright and/or other intellectual property laws, and any unauthorised use of the WOU CDROM may violate such laws.

  6. Use of software is governed by the terms of the end user license agreement that accompanies or is included with such software. Unless you agree to the terms of such end user license agreement, you will be unable to download or install the software. If you do not agree to such terms, you will not be able to use the software.

  7. Unless otherwise specified in the end user license agreement that accompanies or is included with software downloaded or registered from the WOU CDROM, you may not decompile, translate, reverse engineer or attempt to otherwise discover the source code of the software available on the WOU CDROM.

  8. The Consortium owns and retains the copyrights to the WOU CDROM except as noted. The Consortium does not grant you any express or implied right to any of the material on the WOU CDROM or any patents, copyright, trademarks or trade secret information with respect to the WOU CDROM.

  9. Except as specifically permitted herein, no portion of the WOU CDROM may be reproduced in any form or by any means without the prior written permission of the Consortium.

    TRADEMARKS

  10. To the extent that the WOU CDROM includes any tradename, trademark or service mark owned by a third party, or likeness of or reference to an individual, you are responsible for obtaining appropriate permissions and licenses from such third party or individual for any use you make of the WOU CDROM, except as permitted in these Terms of Use.

    USE OF WOU CDROM INFORMATION

  11. Except as otherwise indicated elsewhere in these Terms of Use, you may view, download and print the materials available on the WOU CDROM subject to the following conditions.

  12. The material on this CD-ROM is subject to copyright and is for personal and educational use only, and all rights to it are reserved. No part of the same may be reproduced or duplicated in any form or by any electronic or mechanical means, including information storage and retrieval systems, or distributed for commercial gain or profit without permission in writing from the British National Space Centre (BNSC), 151 Buckingham Palace Rd, London, SW1W 9SS, United Kingdom. Educational use includes use by members of educational institutions who wish to utilise portions of the material from the CD-ROM for classroom use. If in doubt please contact BNSC.

  13. Unless otherwise indicated the images, videos, animations, multimedia features and games are for your personal, educational, informational, internal and non-commercial viewing only and may not be downloaded, printed, stored, copied or distributed.

  14. Worksheets - permission to use worksheets from the CDROM is granted, provided that a) the use of the worksheets from the WOU CDROM is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast on any media and, b) no modification of any Worksheets are made. Accredited educational institutions such as schools, colleges and universities, may download and reproduce the Worksheets for distribution in the classroom.

  15. Certain images on the WOU CDROM are identified as copyright Anglo-Australian Observatory (AAO). They must only be used in the context agreed in writing between you and the AAO or its agent, David Malin Images (DMI). Other uses are possible but must be negotiated separately. The images on this disk or derivatives of them are not to be distributed to third parties in any form unless in the course of the agreed project or work. If they are so distributed, it is your responsibility to make these conditions known to the third parties. These images or their derivatives cannot be copied, published or redistributed in any form without permission from DMI.

  16. You may not remove any copyright or other proprietary notices contained in the WOU CDROM materials.

    WARRANTIES AND DISCLAIMERS

  17. Except as expressly provided otherwise in a written agreement, between you and the Consortium, all aspects of the WOU CDROM are provided to you "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose. Without limiting the foregoing, the Consortium makes no warranty that the WOU CDROM or your use of the WOU CDROM will a) meet your requirements, b) will be uninterrupted, timely, secure, or error free, c) will provide effective, accurate or reliable information d) will meet your expectations, e) any errors in the WOU CDROM will be corrected.

  18. The use of the WOU CDROM and access to third party software, services and web sites is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities. No advice or information, whether oral or written, obtained by you from the Consortium or through or from the WOU CDROM or the Consortium shall create any warranty not expressly stated in the Terms of Use.

  19. The WOU CDROM could include technical or other mistakes, inaccuracies or typographical errors. The Consortium may make changes to the WOU CDROM at any time without notice. The WOU CDROM may be out of date and the Consortium makes no commitment to make updates.

  20. The Consortium assumes no responsibility for errors or omissions in the WOU CDROM or materials, including web sites, that are referenced by or linked to. References to other corporations, their products or services, are provided "as is" without warranty of any kind either express or implied.

  21. In no event shall the Consortium be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not the Consortium has been advised of the possibility of such damages and on any theory of liability, whether in an action for breach of contract or warranty or tort (including negligence) arising out of or in connection with the information, software, web site or publication referenced to linked to from the WOU CDROM.

  22. The WOU CDROM contains links to third-party web sites that are not under the control of the Consortium. The Consortium makes no representations whatsoever about any web site, you do so at your own risk and the Consortium is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites or for the quality of any products or services available on such sites. The Consortium provides these links merely as convenience and their inclusion does not imply that the Consortium endorses or accepts any responsibility for the content or uses of such web sites or any linked sites.

  23. The Consortium makes no representation that the WOU CDROM is appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Persons who choose to access this CDROM from other locations do so on their own initiative and are responsible for local laws.

    INDEMNITY

  24. You agree to indemnify and hold the Consortium, including, but not limited to, its affiliates, distributors, resellers, partners, officers, agents and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the WOU CDROM, your connection to the WOU CDROM, your violation of these Terms of Use, or your violation of any rights of another person or entity.

    THIRD PARTY TRADEMARKS

    • Adobe and Acrobat Reader are registered trademarks of Adobe Systems Incorporated in the United States and/or other countries.

    • Apple, Mac, Mackintosh and the HappyMac logo are registered trademarks of Apple Computer, Incorporated, registered in the United States and/or other countries.

    • LizardTech and MrSID are among the trademarks or registered trademarks of LizardTech, Incorporated.

    • Macromedia, Shockwave and Flash are trademarks or registered trademarks of Macromedia, Incorporated, in the United States and/or other countries.

    • Microsoft, Windows, Windows NT and Internet Explorer are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries.

    • Netscape and the Netscape N and Ship's Wheel logos are registered trademarks of the Netscape Communications Corporation in the United States and other countries. Navigator is a trademark of the Netscape Communications Corporation and may be registered outside the United States.

    • RealNetworks and RealPlayer are trademarks or registered trademarks of RealNetworks, Incorporated.

    • Tiscali is a trademark or registered trademark of Tiscali (UK) Ltd

  25. The Consortium has made every reasonable effort to properly represent the trademark or registered trademark status of the product and service names, logos and tradedress used in the WOU CDROM.

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