School & Institutional Access to Cracking the Challenging Class DVD

Bill Rogers
Independent Educational Consultant, Victoria, Australia

June 2011 SAGE Publications Ltd

Terms and Conditions of Use for Cracking the Challenging Class DVD ‘the Content’ (Single Site)

Governing access to and use of the Content to which the Licensee wishes to have access and for which the Licensee has purchased subscription access for a period of five years from the date of purchase.

Section 1. Rights and obligations of the Licensee

1.1 The Licensee may use and access and allow Authorized Users (as defined below) to use and access the Content which is available to the Licensee via the Licensee's subscription provided always that such access and use is via a secure server over which the Licensee has sufficient control to limit distribution of the Content to the Authorized Users. The Licensee shall ensure that the Notes for Authorized Users below are made available to all Authorized Users of the Content and Physical Visitors to the Site e.g. by means of a connect webpage and/or library information packs. All rights in the Content which are not specifically granted to the Licensee under this License are expressly reserved to SAGE.

1.2 The following are Authorized Users of the Content: current (permanent or visiting) members of the academic, teaching, library, research or equivalent staff of the Licensee at the Site (as defined below) and students actively and currently undertaking a course at the Site, who are subject to the Licensee's normal terms and conditions for ensuring compliance with the terms of this License. Remote electronic access to and use of the Content is not permitted.

1.3 The Licensee may not use or permit Authorized Users to use the Content for the purposes of monetary reward by means of sale, resale, loan, hire, lease or any other form of exploitation. The Licensee may store the Content for purely archival purposes.
The Licensee may make such local electronic copies by means of cacheing {or mirrored storage} of all or part of the Licensed Materials as are necessary solely to ensure efficient use by Authorised Users and not to make available to Authorised Users duplicate copies of the Licensed Material.
The Licensee may not otherwise store or permit Authorized Users to store the Content Material on any medium, transfer, reproduce, modify, publish or otherwise exploit the Content except in so far as is reasonable to exercise the rights granted under this Licence. Neither the Licensee nor the Authorized Users may use any part or parts of the Content available for access by way of remote computing services beyond the Site.

1.4 The Licensee is responsible for all charges associated with accessing the Content, including any charges levied by the intermediary through whom the electronic subscription is delivered, as well as any computer equipment, software, telecommunication or internet connection charges.

1.5 This Licence covers a single Site which shall be a contiguous geographical location from which Authorized Users can access the Content over a secure network. If the Licensee wishes the Licence to cover more than one Site it must obtain separate licenses.  

Section 2. Obligations of SAGE

2.1 SAGE undertakes to provide direct access or to authorize an approved intermediary to provide access to the Licensee to the Content during the period for which an electronic subscription was purchased by the Licensee. The Licensee's freedom to access this Content is governed by these terms and conditions and/or the Licensee's separate agreement with the intermediary and the availability of the Content. SAGE does not warrant that the Content will be made available permanently by SAGE or by the intermediary. No right is hereby created for the Licensee to use or access any material other than that for which a subscription has been purchased from SAGE pursuant to this Licence. 

2.2 SAGE warrants that it has the right to license the Content granted to the Licensee under this License. SAGE does not make any representation or warranty or accept responsibility for the accuracy, currency, or completeness of the Content. SAGE reserves the right to withdraw the Content or any part of it if SAGE believes that such item contains any material which may be legally objectionable, on whatever grounds.

Notes for Authorized Users
The Licensee is encouraged to print-out, photocopy, place on library webpage or otherwise make available to Authorized Users these notes.

The Content is protected by copyright.

Licensed Rights
Electronic access to this Content  is further governed by the terms of licenses which regulate such access. The following notes provide information on some key elements of these licenses.

  1. You qualify as an Authorized User of the Content to which your institution has a paid electronic subscription if you are a current member of the teaching, academic, library, research or equivalent staff of the institution at the Site for which a license has been purchased or a student actively and currently undertaking a course at the Site.
  2. You may access and view the Content.
  3. You may not (i) sell; (ii) loan; (iii) lease; (iv) transfer; (v) modify or (vi) reproduce or otherwise use the Content or any part of it except as is permitted in clause 2 above.
  4. You may not make the Content or any part of the Content available for access to others outside the institution within which you are an Authorized User.

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