Fitness Education Materials

IT IS HEREBY AGREED as follows:

1. USAGE:  These training materials are licensed by Diverse Concepts International Pty Ltd to the Purchaser for exclusive use for training purposes only.  The Purchaser may be an individual, a partnership, an incorporated business, or similar legal entity.  

2. LICENSE:  This agreement authorises the Purchaser with non-exclusive rights to use the training materials for educational purposes of the company’s employees or customers for training purposes.

3. DERIVATIVE WORKS:  Under this agreement, the Purchaser may customise the training materials for educational purposes.  This also includes localisation and translation for educational purposes.

4. RESALE and ASSIGNMENT:  This agreement specially prohibits the reselling of any of the training materials, in part or whole, and including any and all derivative works.  The Purchaser shall not assign any of the rights and obligations under this Agreement nor sub-licence the use (in whole or in part) of the Training Materials without the express written consent of Diverse Concepts International Pty.

5. TERM:  This is a lifetime agreement solely between Diverse Concepts International Pty Ltd and the Purchaser.   This agreement is non-transferable.

6. LIABILITY and INDEMNITY:  Diverse Concepts International Pty Ltd, its Directors, employees, or agents shall not be held liable for any direct or indirect damages resulting from the use of any training materials.  By agreeing to this license agreement, the Purchaser agrees to indemnify, defend, and hold harmless Diverse Concepts International Pty Ltd from and against all claims.  The Purchaser also agrees to indemnify and keep indemnified Diverse Concepts International Pty Ltd from and against any third party or client or trainee claims against Diverse Concepts International Pty Ltd arising from or relating to the Purchaser or any clients or trainees' use of the Training Materials.

7. CONTROVERSY:  Any controversy in relation to the terms of this agreement shall be governed and interpreted in accordance with the law of Queensland, Australia.  If any conditions or terms of purchase conflict with those in this agreement, then the terms in the agreement, in part, or in its entirety, shall be used.

8. ACCESS:  Purchaser may not have material made available and/or accessible on-line or any public forum, without protecting access with a user name and password.

9. AMENDMENT:  No amendments to or changes or modifications of this Agreement may be made except in writing signed by both of the parties.

10. WARRANTY OF AUTHORITY:  The signatory to this Agreement on behalf of the Purchaser represents warrants and covenants that it has legal authority to enter into and bind the Purchaser into this Agreement.