Licence Agreement for downloading SCS-based Training Packages

THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF LICENCE ("LICENCE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENCE IS PROHIBITED. BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENCE. THE GOVERNMENT GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.

This Licence enables you to view, edit, modify, translate and distribute Works worldwide.

The Government of the Hong Kong Special Administrative Region of the People's Republic of China ( "Government")

and

"You"

agree as follows:

1. Definitions

1.1 "Collective Work" means the Work or Derivative Work along with a number of other separate and independent works, assembled into a collective whole.

1.2 "Derivative Work" means any work created by the editing, modification, adaptation or translation of the Work in any media.

1.3 "Licence" means this Licence agreement.

1.4 "Work" means the work protected by copyright which is offered under the terms of this Licence.

1.5 For the purpose of this Licence, when not inconsistent with the context, words in the singular number include the plural number.

2. Licence Terms

2.1 The Government hereby grants to you a revocable, worldwide, royalty-free, non-exclusive, non-transferable Licence for the duration of copyright in the Work.

2.2 Subject to the restrictions in Clauses 2.3 and 2.4 below, you may:

(a) copy the Work;

(b) create one or more Derivative Works;

(c) incorporate the Work into one or more Collective Works;

(d) incorporate the Derivative Works in one or more Collective Works; and

(e) publish, distribute, archive, perform, play, show, making available or otherwise disseminate the Work, Derivative Work or the Collective Work, to the public in any material form in any media whether now known or hereafter created.

2.3 You must not:

(a) impose through any manner whatsoever any terms on the use to be made of the Work, the Derivative Work or the Collective Work that alter or restrict the terms of this Licence or any rights granted under it or has the effect or intent of restricting the ability to exercise those rights; or

(b) subject the Work to any derogatory treatment as defined in the Copyright Ordinance (Cap 528 of the Laws of Hong Kong).

2.4 You must:

(a) make reference to this Licence on all copies of the Work and Derivative Works and Collective Works published, distributed, performed, played, showed, made available or otherwise disseminated; and

(b) recognise the Government's rights in any Work, Derivative Work and Collective Work that you publish, distribute, perform, play, show, making available or otherwise disseminate to the public and ensure that you credit the Government in or to the media used, through use of the following sample statement: The author(s)/editor(s) and publishers wish to thank the Government of the Hong Kong SAR for permission to reproduce copyright material. The terms of such permission can be viewed on this webpage: www.hkqf.gov.hk.

2.5 Other than pursuant to Clause 2.4 above, you must not use the name or logo of the Government or of any Government bureau or department in any of the Work or Derivative Work or Collective Work.

3. Additional Provisions for third parties making use of the Work

3.1 Each time you publish, distribute, perform, play, show, making available or otherwise disseminate

3.1.1 the Work; or

3.1.2 any Derivative Work; or

3.1.3 any Collective Work

the Government agrees to offer to the relevant third party making use of the Work (in any of the alternatives set out above) ("third party") a licence to use the Work on the same terms and conditions as granted to you hereunder ("third party licence"). That third party by using the Work shall be deemed to have agreed to the terms and conditions of the third party licence. All references in the third party licence to "you" and other grammatical variation shall mean such third party.

3.2 This Licence does not affect any rights that may have under any applicable law, including fair dealing or any other legally recognised limitation or exception to copyright infringement.

3.3 All rights not expressly granted by the Government are hereby reserved.

4. Warranties and Disclaimer

4.1 The Work is licensed by the Government on an "as is" and "as available" basis and without any warranty of any kind, either express or implied.

4.2 In particular, no warranty regarding accuracy, reliability, non-infringement (including non-infringement of any intellectual property right (including copyright) or any other right of whatsoever nature), completeness, security, timeliness, fitness for a particular purpose or freedom from computer viruses is given in connection with the Work. The Government and its employees and agents disclaim all liability for any loss, damage or expense arising from any inaccuracies of, errors in, or omissions from the Work or this Licence and will not accept any liability for loss, damage or expense arising from any decision, action or non-action based on or in reliance upon the Work or any Derivative Work or any Collective Work or this Licence or inability to use the Work or any Derivative Work or any Collective Work or this Licence.

5. Limit of Liability

5.1 Without prejudice to the generality of clause 4 above, the Government will not be liable to you or any other person whether in contract or in tort or otherwise for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising from or in connection with any decision, action or non-action based on or in reliance upon the Work or any Derivative Work or any Collective Work or this Licence or inability to use the Work or any Derivative Work or any Collective Work or this Licence.

6. Termination

6.1 The rights granted to you under this Licence shall terminate automatically upon any breach by you of the terms of this Licence. Third parties who have received any Derivative Work or Collective Work from you, however, will not have their third party licences terminated provided such third parties remain in full compliance with those licences.

7. General

7.1 The validity or enforceability of the remaining terms of this Licence is not affected by the holding of any provision of it to be invalid or unenforceable.

7.2 This Licence constitutes the entire agreement between the parties with respect to the Work. There are no understandings, agreements or representations with respect to the Work not specified here. The Government shall not be bound by any additional provisions that may appear in any communication in any form.

7.3 In the case that you are a body corporate or other legal entity, and have downloaded the Work through any individual, such individual by indicating agreement with this Licence shall be deemed to have been duly authorised to have acted on your behalf.

7.4 You enter into this Licence with the Government as an independent party. You shall not represent yourself as an employee, servant, agent or partner of the Government. You have no power to commit the Government to any obligation whatsoever.

7.5 No failure or delay by the Government to exercise or in exercising any right or remedy under this Licence or in law or in equity shall operate as a waiver of such right or remedy or preclude the exercise of any other right or remedy; nor shall any single or partial exercise of any such right or remedy preclude any other or further exercise thereof; the rights and remedies of each party herein provided are cumulative and not exclusive of any rights and remedies provided by law or in equity.

7.6 This Licence shall be governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong") and the parties irrevocably submit to the exclusive jurisdiction of the Courts of Hong Kong.

SCS-based Training Packages