LEGAL

AN@TOMEDIA online learning resources (“Program”) contains images of real human bodies from live models (with consent) and cavaderic material. Ethical approval for use of cadaveric material is licensed under the Human Tissue Act and was approved by The University of Melbourne Human Ethics Committee.

The Program would not have been possible without the generous bequests/ permission of human body donors and their families. Donor anonymity has been preserved and any likeness to any individual (living or deceased) is purely coincidental.

USE OF THE PROGRAM IS PROHIBITED EXCEPT IN ACCORDANCE WITH THIS END USER LICENCE. PERMISSION TO USE THE PROGRAM IS CONDITIONAL UPON YOU, THE END USER, AGREEING TO THE TERMS AND CONDITIONS SET OUT BELOW (“TERMS OF USE”). YOU MUST NOT LAUNCH THE PROGRAM UNTIL YOU HAVE READ AND ACCEPTED THE TERMSOF USE. IF YOU CLICK "I ACCEPT" AT THE END OF THE TERMS OF USE AND YOU LAUNCH THE PROGRAM YOU WILL BE DEEMED TO HAVE ACCEPTED THE TERMS OF USE. IF YOU DO NOT WISH TO ACCEPT THE TERMSOF USE, DO NOT CLICK "I ACCEPT" AND DO NOT LAUNCH THE PROGRAM. 

The Program has been developed by Fitzroy IT for Anatomedia Publishing Pty Ltd (“APPL”) under licence from Anatomedia Pty Ltd (“APL”), the owner of the copyright in the Program. The Program is intended for personal use only.  APPL has agreed to grant You, the end user, a licence in respect of the Program subject to the below.

1 Subject to acceptance and the strict compliance by You with the Terms of Use, APL grants You a non-exclusive and non-transferable right to use the Program.

2 Except as expressly authorised by the Terms of Use or by the Copyright Act 1968 (C'th) You must not, and must not allow or cause any other person to:

(a) print, copy, reproduce, transmit or translate the Program by any means or in any form;

(b) give, lease, assign, license, sub-license, transfer, distribute, disclose, disseminate, commercialise or publish or enter into a commercial rental agreement for the Program in any form to any other person or attempt to do any of these acts;

(c) modify, adapt, alter, reverse engineer or decompile the Program;

(d) alter, change, remove or obscure any notices or other indications (including copyright notices) as to ownership of the Program;

(e) access or use the Program using anyone else’s login details (or allow anyone else access using your login).

(f) engage in any act which infringes APL's intellectual property rights in the Program.

3 You expressly acknowledge that the Online Learning Resources are compiled, prepared, revised, selected and arranged by APPL through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money, and that the Program constitutes valuable intellectual property of APPL. All proprietary rights in the Program, including all products, content and software contained therein are and will remain the property of APPL. You acknowledge that this licence does not transfer any ownership of the Program nor does it grant you any rights other than as expressly provided under these Terms of Use, or any rights, title or interest in any copyright or other intellectual property rights subsisting in the Program.  

4 If the liability of APPL for breach of any term, condition or warranty implied by law or otherwise in respect of the supply of the Program (“Prescribed Term”) is capable of exclusion it is hereby excluded.

5 If the liability of APPL for breach of any Prescribed Term cannot be excluded but is capable of limitation it is hereby limited to resupply of the Program.

6 Except as provided by Prescribed Terms (if any) which are not capable of exclusion or limitation, or as expressly set out in these terms and conditions:

(a) APPL makes no warranties whatsoever in relation to the Program, including but not limited to warranties as to performance or fitness for purpose; and

(b) You will not under any circumstances have any cause of action against, or right to claim or recover from, APPL for or in respect of any loss, damage or injury (including without limitation any loss of profit, indirect or consequential loss, damage or injury) arising from the supply or use of the Program or any breach of these terms and conditions.

7 Medical knowledge is constantly changing. As new research and clinical experience broaden our knowledge and new information becomes available, changes in treatment, procedures, equipment and the use of drugs become necessary.  APPL has, as far as it is possible, checked with sources believed to be reliable in their efforts to provide information that is complete and generally in accord with the standards accepted at the time of publication.  HOWEVER, IN VIEW OF THE POSSIBILITY OF HUMAN ERROR OR

CHANGES IN MEDICAL SCIENCES, APPL DOES NOT WARRANT THAT THE INFORMATION CONTAINED IN THE PROGRAM IS IN EVERY RESPECT ACCURATE OR COMPLETE, AND IT IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.  You, as users of the Program are strongly advised to confirm that the information, especially with regard to the anatomical basis of practical procedures, complies with the latest legislation and standards of practice as applicable. 

8 You agree to indemnify APPL from and against all liability and all loss and damage of any kind whatsoever caused directly or indirectly by any claim or action against APPL arising directly or indirectly out of your use of the Program or any breach by you of these

Terms of Use.

9 These Terms of Use will be governed by the laws of the State of Victoria, Australia and You agree to submit to the non-exclusive jurisdiction of the Courts of the State of Victoria in respect of any matter involving the enforcement or interpretation of these Terms of Use.

© Anatomedia Pty Ltd 2017.

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