Licence

The Smart Prep Books (Work) are provided under the terms of this licence agreement ('Licence'). The work contained in the Work is protected by copyright and/or other applicable law. Any use of the Work other than as authorised under this licence or the South African Copyright Act no. 98 of 1978 ('Act'), is prohibited. By exercising any rights to the Work provided here, you accept and agree to the terms and conditions of this licence.

1. Definitions

Work means the literary and/or artistic work offered under the terms of this Licence.

Licensor means the entity or entities that offer the Work under the terms of this Licence, being Science Clinic (Pty) Ltd.

Licensee means individual or entity exercising rights under this Licence.

Reproduce means to make copies of the Work by any means.

Distribute means to make available to the public the original and copies of the Work.

Adaptation means a work based upon the Work, or upon the Work and other pre-existing works, such as a translation, adaptation, derivative work, arrangement or other alteration of a literary or artistic work.

Original Author means the entity or entities who created the Work.

2. Fair dealing and fair use rights

Nothing in the Licence is intended to limit or restrict any fair use and fair dealing allowed for in terms of the Act.

3. Licence grant

Subject to the terms and conditions of this Licence, the Licensor hereby grants the Licensee a royalty-free, non-exclusive licence to exercise the rights in the Work as follows:

• a. to Reproduce and Distribute the Work;
• b. the Licensee may Distribute the Work only under the terms of this Licence;
• c. the Licensee agrees not to Reproduce and Distribute the Work for any commercial purpose whatsoever and/or financial gain and/or any other reward;
• d. the Licensee may not offer or impose any terms on the Work that restricts the terms of this Licence or the ability of the recipient of the Work to exercise the rights granted to that recipient under the terms of the Licence;
• e. the Licensee must keep intact all notices that refer to this Licence and to the disclaimer and warranties with every copy of the Work the Licensee Distributes;
• f. any recipient of the Work, directly or indirectly through the Licensee or any other recipient of the Work may not reproduce and distribute the Work for any commercial purpose whatsoever and/or financial gain and/or any other reward;
• g. the Licensee may not bring about any adaptation to the Work;
• h. the Licensee may not publicly perform, publish, broadcast or incorporate the Work into one or more collections.
• i. if the Licensee distributes the Work, the Licensee must keep intact all copyright notices for the Work and provide, reasonable to the medium or means being utilised:
  • (i) the name of the Original Author, and/or if the Original Author and/or Licensor designate another party or parties for attribution in Licensor’s copyright notice, terms of service or by other reasonable means, the name of such party or parties;
  • (ii) the title of the Work;
  • (iii) to the extent reasonable practicable, the URI, if any, that the Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work.
• j. the licensee may only use the credit required by clause 3.i. for the purpose of attribution in the manner set out above and, by exercising the rights under the Licence, the Licensee may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the Original Author, Licensor and/or other relevant parties, of the Licensee’s use of the Work, without the separate, express prior written permission of the Original Author, Licensor and/or other relevant parties.

4. Representations, Warranties and Disclaimer

Unless otherwise mutually agreed by the Licensor and Licensee in writing, the Licensor offers the work as-is and makes no representations or warranties of any kind concerning the work, express, implied, statutory or otherwise, including without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, or the absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not discoverable.

5. Limitation on Liability

Except to the extent required by applicable law, in no event will the Licensor be liable to the Licensee on any legal ground for any special, incidental, consequential, punitive or exemplary damages arising out of this Licence or the use of the Work, even if the Licensor has been advised of the possibility of such damages.

6. Termination

• a. This License and the rights grants herein shall terminate automatically upon any breach by the Licensee of the terms of this Licence.
• b. Subject to the above terms and conditions, the Licence granted herein shall be in effect for the duration of the applicable copyright in the Work. Notwithstanding the above, the Licensor reserves the rights to release the Work under different licence terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this Licence (or any other licence that has been, or is required to be granted under the terms of this Licence), and this Licence will continue in full force and effect unless termination as set out above.

7. Miscellaneous

• a. Each time the Licensee Distributes the Work, the Licensor offers to the Recipient a licence to the Work on the same terms and conditions as the licence granted to the Licensee under this Licence.
• b. If any term or provision in this Licence is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Licence, and without further action by the parties to this Licence, such term shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
• c. No term or provision of this Licence shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
• d. This Licence constitutes the entire agreement between the parties hereto. The Licensor shall not be bound by any additional provisions that may appear in any communication from the Licensee. This Licence may not be modified to any extent without the mutual written agreement of the Licensor and the Licensee.
• e. These rights and subject matter take effect in South Africa. If the standard suite of rights granted under applicable South African copyright law includes additional rights not granted under this Licence, such additional rights are deemed to be included in the Licence.