The terms of this Online Addendum and the Terms of Trade (TT v13 04/15) (“Terms”) govern your relationship with Thomson Reuters (Professional) Australia Limited ABN 64 058 914 668 of Level 6, 19 Harris Street, Pyrmont, NSW 2009 (“us”) in relation to the provision of Westlaw AU and Checkpoint AU and your use of data accessible on a CD (“the Services”). Unless the terms of this Addendum expressly provide otherwise, the terms of the Addendum take precedence over the Terms in relation to the provision of the Services.
- SUPPLY AND GRANT OF LICENCE
1.1 Subject to the further provisions of this Addendum, we grant to you a non-exclusive, non-transferable limited licence to:
a. access and use data made available on the Services operated by us that you have chosen to subscribe to and as reflected in your order or invoice;
b. download and temporarily store insubstantial portions of such data to a storage device under your exclusive control (“your Network”);
c. internally display such downloaded data;
d. andreproduce such data subject to the further limitations set out in this Addendum.
1.2 You are licensed to access and make use of such data in Australia only, unless specified otherwise in your order or invoice.
1.3 Where you have purchased access to data on a transactional basis, that data will be made available to you on a single subscriber basis only for a period of 24 hours. You may not distribute that data to other users or third parties unless you have obtained an express licence from us for that purpose.
1.4 If you are an existing subscriber to services and you have been granted access to an additional service for a trial period, you are granted a non-exclusive, non-transferable limited licence to access data made available on the service in the territory in which your organisation has been given permission to trial that service for the sole purpose of evaluating that service. Your right to access that service will terminate on expiration or suspension of the trial period. You are provided with access for evaluation purposes only and you are prohibited from downloading the service in whole or in part during the trial period.
- ACCESS SECURITY
2.1 We will provide access to the Services to the number of users specified on your order form or, where enterprise wide access has been granted, to the users who have access to your IP address (“Authorised Users”).
2.2 Authorised Users may only access the Services using:
a. the registration key(s) provided by us to enable creation of a OnePass account for accessing the Services; or
b. an IP authentication regime with an IP address that is unique to your organisation.
2.3 You must use reasonable endeavours to:
a. ensure that only Authorised Users access the Services through your Network or a OnePass account;
b. ensure that Authorised Users comply with the terms of this Addendum;
c. ensure that only the number of users specified in your order have access to the Services;
d. ensure that Authorised Users do not disclose their Network access details, registration key or OnePass account to a third party or provide access to the Services or use the Services on behalf of an unauthorised third party;
e. promptly cancel your Network access for any user who ceases to be registered with, employed by or contracted to you; and
f. disable the ability of any user to access the Services who breaches or fails to observe any provisions of this Addendum where such breach is not remedied within 14 days of our notifying you and the user of such breach.
2.4 You must notify us immediately if you suspect that the security of your Network, a registration key or a OnePass account has been compromised or if the Services are being used in an unauthorised manner.
2.5 If you are a faculty within an academic institution, you must ensure that only currently registered staff and students of your faculty are permitted to access the Services and that students and staff of other faculties within the institution are expressly excluded from accessing the Services, unless you have obtained a campus wide licence for that purpose.
2.6 If you are a public library, you may not grant users remote access to the Services and users may only use the Services for private individual use.
- USE OF THE PUBLICATIONS
3.1 The publications appearing on the Services are not a substitute for legal or other professional advice.
3.2 Information appearing in the publications available on the Services may only be used by Authorised Users in the ordinary course of the activities of your organisation and expressly for:
a. the purposes of research, study, supplying educational services , the giving of professional advice or for use in legal proceedings; or
b. inclusion in essays, theses, professional advices, papers, submissions, communications to and publications for students, clients and potential clients, the preparation of tenders, reports, submissions and other like documents (“Work Product”), provided:
i. reproduction of content in Work Product does not represent a substantial proportion of the content of any single publication accessed via the Services;
ii. users may not undertake these activities for or on behalf of a third party unrelated to your organisation;
iii. the Work Product is not made available for sale;
iv. where you have subscribed to a news service, you may not communicate, download or reproduce any content from that service at all without first obtaining our express prior written permission; and
v. recipients of the Work Product are not permitted to make further reproductions of such material.
3.3 Notwithstanding sub-clauses 1.2 and 3.2(b)(i), if the Service to which you subscribe is a service that contains or comprises precedent forms or agreements, you may download a precedent in whole or in part and merge it with your Work Product, provided that you nevertheless comply in all other respects with the provisions of the Terms and this Addendum.
3.4 Personal Information contained in the data provided via the Services may only used by your organisation and Authorised Users for the purposes set out in clause 3.2 and only in compliance with the Privacy Act. We do not represent that you or any third party have the right to use such Personal Information for the purposes of direct marketing or any other purpose not expressly permitted in this Addendum and we disclaim liability for and take no responsibility for such use.
3.5 Certain software you use may not be capable of supporting the Services and the performance of the Services will vary with the hardware on which it is used. You must check that Your Network is capable of supporting the Services before completing your order.
- INTELLECTUAL PROPERTY RIGHTS
4.1 All intellectual property rights in the software and the publications available on the Services are and remain the exclusive property of ourselves or third party suppliers as the case may be. When using the publications and the Services, you must comply with the law including, without limitation, copyright laws.
4.2 Unless permitted by law or as otherwise expressly permitted in this Addendum, you must not, nor must you authorise any third person to:
a. reproduce, copy, download, scrape, store, publish, transmit, transfer, communicate, distribute, disseminate, sell, rent, lend or otherwise use the publications or the Services, or any part of the publications or the Services, in any form or by any means;
b. modify or make any alterations, additions or amendments to any part of the publications downloaded from the Services;
c. make the Services available to any person other than an Authorised User;
d.convert material downloaded from the Services into an electronic format other than the one in which it was supplied;
e. reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Services or reproduce all or any portion of the said components;
f. remove, alter, circumvent or tamper with any trademarks, copyright notices, copyright protection devices, disclaimers or other legal notices;
g. combine the whole or any part of the data available on the Services with any other software, data or material; or
h. store or use any part of such data in an archival database or other searchable database except as forming part of any Work Product.
- SUSPENSION OR MODIFICATION OF THE SERVICES
5.1 We may discontinue or revise any or all aspects of the Services or publications appearing on the Services (including, without limitation, the supply of any publication through the Services) at our sole discretion and without prior notice to take account of (for example but without limitation) changes in law or circumstance relating to the publication of that service.
5..2 We may suspend access to the Services, in whole or in part, until further notice, with immediate effect:
a. to periodically maintain or improve the publications or the Services and related systems;
b. to comply with any order, instruction or request of any government, any emergency services organisation, or other competent judicial, administrative or regulatory authority;
c. if we believe that the Services or the publications may be used in such a way as may constitute a breach of any provision of the Terms or this Addendum; or
d. if you fail to pay all or part of any fee by the due date.
5.3 We will endeavour, where possible to provide you with reasonable notice of such suspension.
5.4 Whilst we will use our best endeavours to minimise disruption to the Services, unscheduled outages may occur from time to time.
- CONSEQUENCES OF SUSPENSION AND TERMINATION
6.1 This clause 6 is to be read subject to the Non-excludable Rights referred to in clause 13.1 of the Terms.
6.2 Upon termination or suspension of your subscription for any reason, we may immediately disable access to the Services and neither you nor your Authorised Users will be entitled to access the Services.
6.3 If we have suspended your access to the Services for failure to pay all or part of the subscription fee by the due date, we will, at our sole discretion (unless required otherwise by law), reconnect the Services to you for the remainder of your subscription period, provided you pay the full amount for which you have been invoiced.
6.4 If we remove or modify any or all publications from the Services (in accordance with clause 5.1 of this Addendum), your remedy is limited to a pro-rata refund of the subscription fee provided you have already paid for access to the relevant publication.
- HYPERTEXT LINKS
- USING OUR RSS FEED FUNCTIONALITY
8.1 If you use our RSS Feed Functionality to download data from the Services for display on a site under your organisation’s control, such use is subject to the terms of this Addendum and, to the extent not already covered elsewhere in this Addendum, these following conditions:
a. you can only use that content in the ordinary course of your business;
b. you may not charge third parties either directly or indirectly for access to that data;
c. you must include an acknowledgment that the data is “published by and reproduced with the permission of Thomson Reuters”;
d. you must not suggest any endorsement by or association with Thomson Reuters;
e. where possible, you must provide a link back to the publications from which the summary information originated, or display the url at which they can be accessed; and
f. you acknowledge that we have absolute control over the data that you have chosen to include within the display via the RSS Feed and that that data may be withdrawn from publication at any time at our sole discretion.
- ALERT24 SERVICE
If you subscribe to the Alert24 service, the service includes content brought to you by AAP subject to the following copyright and disclaimer notices:
AAP content is owned by or licensed to Australian Associated Press Pty Limited and is copyright protected. AAP content is published on an “as is” basis for personal use only and must not be copied, republished, rewritten, resold or redistributed, whether by caching, framing or similar means, without AAP’s prior written permission. AAP and its licensors are not liable for any loss, through negligence or otherwise, resulting from errors or omissions in or reliance on AAP content. The globe symbol and “AAP ” are registered trade marks.
April 2015 (OA V3.3 - 04/15)