UMAT Medical Entrance

Putting you on the other end of the stethoscope
ICARUS College is a place of education where the "I" is "U". ICARUS stands for International College for the Arts, Reading and Universal Sciences. Lots of skills coming your way!
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3. Please read and accept the Terms and Conditions of Use
					You are permitted access to the materials contained on this site upon the following terms and conditions: This site is created and maintained by ICARUS College, Australia referred to as "We", "us" and other relevant parts of speech. By proceeding further to access any part of this site, you agree with us: 



GENERAL

The services displayed on this Site are available for purchase only by those individuals over 18 and who have full capacity to enter binding contracts on their own behalf or on behalf of those individuals under 18 for whom they have legal responsibility. You must not transmit or attempt to transmit any material of any kind to this Site, which contains a virus, malicious computer code which is or is likely to be destructive of data or programming or other harmful component. You must not otherwise attempt to alter any of the content on this Site. 

You acknowledge and consent to the disclosure by us to any law enforcement agency or government authority authorised to compel production of such information under Australian law that is investigating any breach or suspected breach of any law in any jurisdiction of your identity or other information provided by you to this Site, upon being requested to do so by that law enforcement agency. 



TERMINATION

We reserve the right to withdraw any offer we have made to you to purchase services from this the Site at any time without notice. All rights and remedies of either party accrued at the time of termination and all disclaimers and limitations of liability will survive termination. Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately discontinue use of this Site 



CONFIDENTIALITY

ICARUS College proposes to disclose certain of its confidential and proprietary information (the "Confidential Information") to Recipient. Confidential Information shall include all data, materials, products, technology, computer programs, specifications, software, and other information disclosed or submitted, orally, in writing, or by any other media, to Recipient by ICARUS College or one of its representatives. 



RECIPIENTS OBLIGATION

A. Recipient agrees that the Confidential Information is to be considered confidential and proprietary to ICARUS College and Recipient shall hold the same in confidence, shall not use the Confidential Information other than for the purposes of its business with ICARUS College, and shall disclose it only to its officers, directors, or employees with a specific need to know. Recipient will not disclose, publish or otherwise reveal any of the Confidential Information received from ICARUS College to any other party whatsoever except with the specific prior written authorization of ICARUS College. 
B. Confidential Information furnished in tangible form shall not be duplicated by Recipient except for purposes of this Agreement. Upon the request of ICARUS College, Recipient shall return all Confidential Information received in written or tangible form, including copies, or reproductions or other media containing such Confidential Information, within ten (10) days of such request. At Recipient's option, any documents or other media developed by the Recipient containing Confidential Information may be destroyed by Recipient. Recipient shall provide a written certificate to ICARUS College regarding destruction within ten (10) days thereafter. 



COPYRIGHT

Unless otherwise indicated, copyright in all works and subject matter other than works (including layout) on this Site is owned by us. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted. Except as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no part of the information contained on this Site may be otherwise reproduced, adapted, performed in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without our specific prior written approval. 



YOU MUST CHECK FOR VIRUSES AND BUGS

Information (including any file) obtained from or through this Site is not represented nor can it be relied upon to be free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. You expressly agree that we will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any applicable law that cannot be excluded imposes any liability on us, that liability shall be limited to the cost of re-supplying that information. 



RELEASE AND INDEMNITY

You hereby waive, release, forgive, discharge and relinquish any and all claims that you now have or may have against us, our related bodies corporate, directors, employees and agents which are connected with, arise out of, relate to or are incidental to any transaction. You hereby agree to indemnify, defend and hold us, our related bodies corporate, directors, employees and agents harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by us, our related bodies corporate, directors, employees, agents and representatives arising out of or in connection with the performance of our or their actions or powers as described in these Terms and Conditions including the legal costs, fees and expenses of defending ourselves and themselves against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding. You further agree to indemnify and hold us, our related bodies corporate, directors, employees and agents harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of this Site, the violation of these Terms and Conditions by you, or the infringement by you, or other user of this Site using your password, credit card details and User ID of any intellectual property or other right of any person or entity. 



APPLICABLE LAW

These Terms and Conditions are governed by and are to be construed in accordance with the laws of the state of Victoria. No failure by us to exercise or enforce any rights or provisions of these Terms and Conditions constitute a waiver of such right or provision unless acknowledged and agreed to in writing by us. 



LIMITATION OF LIABILITY



We will not under any circumstances be liable for any direct, indirect, incidental, special or consequential damages, resulting from your use or your inability to use this Site or for the cost of procurement of substitute products or services or resulting from any products or services purchased or obtained or messages received or transactions entered into through this Site or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on this Site, including but not limited to, damages for loss of profits, loss of opportunity, use, data or other intangible, even if we has been advised of the possibility of such damages. 
Where any law of any place implies in these Terms and Conditions any term, condition or warranty, and that law avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in these Terms and Conditions but our liability for any breach of such term, condition or warranty shall be limited, at our option, to any one or more of the following: 



(a) if the breach relates to goods:
(i) the replacement of the goods or supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again; but so that the total cost to us does not exceed the original price of the goods or services 





DISCLAIMER

The information contained on this Site is provided by us in good faith. The information is believed to be accurate and current at the date the information was placed on this Site. Neither we nor our related bodies corporate, any of their directors, employees nor our agents makes any representation or warranty as to the reliability, accuracy or completeness of the information contained on this Site (including in relation to any products or services) and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained on this Site. To the fullest extent permitted by applicable law, we disclaim all representations and warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from or through this Site creates any warranty not expressly made in these Terms and Conditions. For any other information or permission to use the material in this Site, contact us at the addresses shown on the home page. 



YOUR PERSONAL INFORMATION MAY BE STORED AND USED FOR ADVERTISING AND PROMOTIONAL PURPOSES.

All your personal information including any photos, emails or statements made by you or any interested relevant party in connection with your usage of our documents or attendance at any of our training courses, may be stored electronically or by any other means and used by ICARUS College for advertising and promotional purposes provided that such promotional purposes do not constitute a criminal act. 



CURRENCY

All prices shown on the site are in Australian dollars. Also, you may pay only in Australian dollars. 



DELIVERY

The documents you buy through our system will be delivered to you in electronic form accessed via the ICARUS College Learning Managment System unless otherwise stated in the product description. 


REFUNDS, RETURNS, EXCHANGES

Because of the electronic nature of our products and intellectual property , we are unable to allow a refund requested more than 7 days after the purchase date, however, credit will be given for the equivalent amount of your purchase towards any of our other products. To apply for a credit you must write to us sending:
(a) The proof of your original transaction;
(b) Your identity and contact details if the purchase was for yourself or those of the person for whom you purchased the product (we may contact that person to discuss, and request copies of, the documents you have provided to them); 
In the case of reversals or refunds subsequent to credit card useages or purchases, whether legal or illegal, an administration fee will be charged. 



PRIVACY POLICY

ICARUS College respects your privacy. We have created this privacy statement in order to demonstrate our commitment to you, our customer. This privacy statement discloses the privacy practices for this site, www.medical-entrance.com.au. 
We do not rent our mailing list to 3rd parties. 
We will never give any contact information about you to others without your express permission. Our site uses forms in which you give us contact information (like your name, address, and email address) so you can place orders, request information and support, and make product suggestions. We use your customer information only when it will be important for us to contact you regarding functionality changes to our products, our web site, new ICARUS College services, and special offers we think you'll find valuable. We use information gathered about you from our site statistics (for example your IP address) to help diagnose problems with our server, and to administer our Web site. We also gather broad demographic information from this data to help us improve our site and make your browsing and purchasing experience more enjoyable. This is not linked to any personally identifiable information. 
Our site uses cookies to keep track of your shopping cart and receipts. We use cookies to identify you so you don't have to login each time you visit our site. 
This site also contains links to other sites. Unfortunately www.medical-entrance.com.au is not responsible for the privacy practices or the content of such Web sites. 

Security - This site has security measures in place to protect the loss, misuse and alteration of the information under our control. 

Updating your information - As a customer of ICARUS College, you may alter your customer information or opt-out of receiving communications from us and our partners at any time. To change or modify your customer information, simply login to your personal administration panel, using your discrete username and password. 

Sending Emails - We use emails to communicate with you, to confirm your placed orders, and to send information that you have requested. We also provide email links, throughout the medical-entrance website, to allow you to contact us directly. We strive to promptly reply to your messages. The information you send to us may be stored and used to improve this site and our products, or it may be reviewed and discarded. However, your information will only be shared with third parties with your explicit permission. 

Exceptional Circumstances - As stated previously in this policy, we will never give out your information without your permission. The only exceptions to this are, when we are required by law, in the good-faith belief that such action is necessary in order to conform to the requirements of the law, or we must comply with a legal process served on our web site. 

Changes In Our Practices - If we change our information handling practices or other privacy aspects, we will post those changes on this privacy statement, at least 30 days prior to their implementation. We will also notify you directly via email. 

Service Provider - We use a credit card processing company to charge users for goods and services. These companies do not retain share, store or use personally identifiable information for any secondary purposes. 

Contest - From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and postal address), and demographic information (such as post code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site. 

Tell-A-Friend - If a user elects to use our referral service for informing a friend about our site, we ask them for the friend's name and email address. ICARUS College will automatically send the friend a one-time email inviting them to visit the site. ICARUS College stores this information for the sole purpose of sending this one-time email. The friend may contact ICARUS College at techsupport@medical-entrance.com.au to request the removal of this information from our database. 

Use of materials for advertising purposes - It is a condition that all students of ICARUS College and registered users of this website grant unreservedly to ICARUS College the use, of any materials, test results,media clippings, photographs or emails received from them, for the purpose of advertising as is deemed fit by ICARUS College. Such use may not be for criminal or immoral purposes. ICARUS College remains indemnified against all legal actions from all students of ICARUS College and site users in regards to this Privacy Policy and all clauses contained within. 



INTELLECTUAL PROPERTY AGREEMENT

In this Agreement, unless the contrary intention appears, or the context otherwise admits: 
Capacity means any capacity whatsoever including (without limitation) as a student, joint venturer, consultant, agent or adviser. 
Confidential Information includes, without limitation, except to the extent the information is public knowledge or becomes public knowledge other than by breach of this Agreement, is already known by the student other than by breach of this Agreement, is clearly implied by its context not to be confidential or is independently developed or acquired by the student without any reference whatsoever to any or all of the information provided by ICARUS COLLEGE: 
(a) Information which relates to ICARUS COLLEGE, its clients and or its business partners, trade secrets, products, specifications, designs, methods of manufacture and research; 
(b) Information that has any actual or potential commercial value or any information relating to the business operations of ICARUS COLLEGE or any clients or business partners of ICARUS COLLEGE, including details of business relationships, service contracts, financial information, contract proposals, marketing plans, customer lists, pricing methods or personnel and organisational data, or instructional materials, no matter how construed or delivered; 
(c) Information of material proprietary to ICARUS COLLEGE , its clients or business partners; 
(d) Information designated as confidential by ICARUS COLLEGE , its clients or business partners; 
(e) Information acquired by the student solely by virtue of this Agreement. 
(f) The names, addresses and other information belonging or pertaining to ICARUS COLLEGE 's clients or business partners; 
(g) Information imparted in confidence to the student by ICARUS COLLEGE , its clients or business partners; and 
(h) Any other information classifiable in equity as confidential information. 
Net Profit means earnings less expenses before interest and tax. 
Restraint Area means the intellectual and business area of teaching, instructing, educating, coaching, training, preparing, schooling, tutoring, exercising, guiding, counselling or otherwise providing knowledge of how to prepare for entrance examinations however named to any third level educational institution whatsoever or wherever. 
Restraint Period means thirty months from the date of expiry or termination of the student's Agreement with ICARUS COLLEGE . 



1.2 INTERPRETATION

In this Agreement, unless the contrary intention appears, or the context otherwise admits: 
Words importing the singular include the plural and vice versa; words importing the masculine gender include the feminine or neuter gender and vice versa. 
A reference to any Act includes all statutory rules, regulations, by-laws, proclamations, orders and other authorities made under the Act, together with any Act consolidating, amending or replacing it. 
Headings, subheadings and any marginal notes have been inserted for guidance only and shall not be deemed to form part of the context. 



RESTRAINT


2.1 Student's Acknowledgments
The student acknowledges that:
(a) The goodwill of ICARUS COLLEGE 's business and the expertise ICARUS COLLEGE has gained and imparted to the student has been built up over many years;
(b) The student will become familiar with all the clients of ICARUS COLLEGE , and privy to Confidential Information;
(c) Having regard to the circumstances set out in (a) and (b) competition by the student with ICARUS COLLEGE will:
(i) seriously diminish the goodwill of ICARUS COLLEGE 's business;
(ii) detrimentally affect relationships between ICARUS COLLEGE and its clients and such prospective clients as ICARUS COLLEGE may then be cultivating;
(iii) result in the Confidential Information becoming available to tis competitors.
(d) By diminishing the value of ICARUS COLLEGE 's goodwill, prejudicing ICARUS COLLEGE 's relationship with tis clients or prospective clients or making the Confidential Information available to others, the student will cause loss or damage to ICARUS COLLEGE .
(e) It is necessary and reasonable for ICARUS COLLEGE to protect its goodwill, client relationships and Confidential Information from the effects of competition by the student after this Agreement is terminated.


2.2 The student's Undertakings
(a) In consideration of the continuing benefits which the student will derive under this Agreement, the student undertakes and agrees that the student will not, without the prior written consent of ICARUS COLLEGE, at any time during the Restraint Period and in the Restraint Area be directly or indirectly engaged, concerned or interested in any capacity in any business, undertaking or venture in competition with ICARUS COLLEGE. 
(b) The student further undertakes and agrees, again in consideration of the continuing benefits that the student will derive under this Agreement, that the student will not at any time during the Restraint Period: 
(i) Induce or attempt to induce any of the actual or potential students of ICARUS COLLEGE to terminate their contracts with ICARUS COLLEGE . 
(ii) Solicit or attempt to solicit the business or custom of any client student of ICARUS COLLEGE , or any person who during the twelve months preceding termination of this Agreement was a client or student of ICARUS COLLEGE . 
(iii) Solicit or attempt to solicit the business or custom of any person or potential student whose business or custom ICARUS COLLEGE was cultivating at the time of termination of this Agreement. 
(iv) Perform or cause to be performed in any capacity and by whatever means any business or services for any client or student of ICARUS COLLEGE , or any person who during the twelve months preceding termination of this Agreement was a client or student of ICARUS COLLEGE . 

2.3 Restraints Reasonable
The student acknowledges that the restrictions contained in this clause are:
(a) Fair and reasonable in regard to the subject matter, area and duration; and
(b) Reasonably required by ICARUS COLLEGE to protect its business and financial interests. 

2.4 Injunction or Restraining Order
Because ICARUS COLLEGE would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that ICARUS COLLEGE shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as ICARUS COLLEGE may otherwise have under applicable laws. You specifically agree that ICARUS COLLEGE shall have the right to immediate injunction or temporary restraining order, as ICARUS COLLEGE deems appropriate in the event of a breach of this Agreement. 

2.5 Indemnity
At ICARUS COLLEGE's request, you agree to defend, indemnify and hold harmless ICARUS COLLEGE, its affiliates, contractors, officers, directors, students, agents, licensors, licensees, distributors, content providers, and other users of the Software, from all damages, losses, liabilities, claims and expenses, including attorneys' fees, arising directly or indirectly from your acts and omissions to act in using the Software pursuant to the terms of this Agreement or any breach of this Agreement by you. 

2.6 Governing law
This agreement is governed for Australian residents by the laws of the State of Victoria, Australia and for US residents by the laws of the State of Illinois . 



SOFTWARE LICENSE AGREEMENT

THIS IS A VERY IMPORTANT LEGAL AGREEMENT THAT SHOULD NOT BE ENTERED INTO LIGHTLY. PLEASE READ THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") WHICH IS EITHER ENCLOSED IN THE SOFTWARE PACKAGE SENT TO YOU OR RECEIVED ELECTRONICALLY. WHEN ACCESSING THIS SOFTWARE, BY CLICKING THE "AGREE/ACCEPT" BUTTON, YOU ARE STATING FORMALLY THAT YOU HAVE READ THE AGREEMENT AND THAT YOU AGREE TO BE BOUND FULLY AND STRICTLY BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE FULLY AND WITHOUT ANY RESERVATION WHATSOEVER TO THE TERMS OF THIS LICENSE, CLICK "DISAGREE/DECLINE.�? 

1. General - The software, documentation and any fonts accompanying this License whether on disk, in read-only memory, on any other media or in any other form (collectively the "The Software") are licensed, not sold, to you by ICARUS COLLEGE ("ICARUS COLLEGE") for use only under the terms of this License, and ICARUS COLLEGE reserves all rights not expressly granted to you. The rights granted herein are limited to ICARUS COLLEGE 's and its licensors' intellectual property rights in ICARUS COLLEGE Software and do not include any other patents or intellectual property rights. You own the media on which the ICARUS COLLEGE Software is recorded but ICARUS COLLEGE retains ownership of the ICARUS COLLEGE Software itself. The rights granted under the terms of this License include any software upgrades that replace and/or supplement the original ICARUS COLLEGE Software product, unless such upgrade contains a separate license. Please note carefully that the ICARUS COLLEGE software license ends on 15th of August of the year in which you pay for the software or associated course involving use of the software. It may only be extended by a written application to ICARUS COLLEGE and an acceptance by ICARUS COLLEGE of your application on the terms that ICARUS COLLEGE is using on the date of the extension. 

2. Permitted License Uses and Restrictions - This License is nonexclusive. This License allows you, as one licensee, to install and use one copy of the ICARUS COLLEGE Software on a single computer at a time. This License is nonexclusive. This License does not allow the ICARUS COLLEGE Software to exist on more than one computer at a time, and you may not make the ICARUS COLLEGE Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the ICARUS COLLEGE Software in machine-readable form for backup purposes only, provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the ICARUS COLLEGE Software or any part thereof. Or otherwise modify, rent, lease, loan, distribute, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law). All rights not expressly granted under this Agreement are reserved by ICARUS COLLEGE . 

3. Transfer - You may not rent, lease, lend or sublicense the ICARUS COLLEGE Software. You may, however, make a one-time permanent transfer of all of your license rights to the ICARUS COLLEGE Software to another party, provided that: (a) the transfer must include all of the ICARUS COLLEGE Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the ICARUS COLLEGE Software, full or partial, including copies stored on a computer or other storage device; (c) the party receiving the ICARUS COLLEGE Software reads and agrees to accept the terms and conditions of this License; and (d) ICARUS COLLEGE is informed of the transfer and agrees to it in writing. 

4. Termination - This License is effective until terminated. Your rights under this License will terminate automatically without notice from ICARUS COLLEGE if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the ICARUS COLLEGE Software and destroy all copies, full or partial, of the ICARUS COLLEGE Software. 

5. Limited Warranty on Media - ICARUS COLLEGE warrants the media, if any is delivered, on which the ICARUS COLLEGE Software is recorded by ICARUS COLLEGE to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at ICARUS COLLEGE 's option, a refund of the purchase price of the product containing the ICARUS COLLEGE Software or replacement of the ICARUS COLLEGE Software which is returned to ICARUS COLLEGE or a ICARUS COLLEGE authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY OF ANY MEDIUM UPON WHICH THE SOFTWARE IS DELIVERED, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. 

6. Disclaimer of Warranties - YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE ICARUS COLLEGE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY OF THE USE OF ANY MEDIA, PROGRAM PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ICARUS COLLEGE SOFTWARE IS PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ICARUS COLLEGE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE ICARUS COLLEGE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS OF THE MEDIA FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ICARUS COLLEGE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ICARUS COLLEGE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. 

7. Limitation of Liability - TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ICARUS COLLEGE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ICARUS COLLEGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall ICARUS COLLEGE 's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty Australian dollars (Aud$50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 

8. Export Law Assurances - You may not use or otherwise export or re-export the ICARUS COLLEGE Software except as authorized by the law of the jurisdiction in which the ICARUS COLLEGE Software was licensed to you by ICARUS COLLEGE . In particular, but without limitation, the ICARUS COLLEGE Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria) or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the ICARUS COLLEGE Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list. 

9. Government End Users - The ICARUS COLLEGE Software and related documentation are "Commercial Items" as that term is defined at US48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States . 

10. Controlling Law and Severability - This License will be governed by and construed in accordance with the laws of the State of Illinois , as applied to agreements entered into and to be performed entirely within Illinois between Illinois residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. In the case of Australian residents, the law applying to this agreement shall be the law of the State of Victoria, Australia. However, it is expressly agreed by the partied, subject to the ultimate decision of the court, that definitions and references to US law made herein shall be applied by the Victorian or other Australian courts in matters of definition or application of definition. 

11. Complete Agreement; Governing Language - This License constitutes the entire agreement between the parties with respect to the use of the ICARUS COLLEGE Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by ICARUS COLLEGE . Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern. 

12. Embedded Software Notice - To the extent that the ICARUS COLLEGE Software contains functionality dependent upon other software programs licensed to ICARUS COLLEGE or within the public domain, the following provision applies. ANY USE OF THIS PRODUCT PROTECTS THOSE EMBEDDED PRODUCTS UNDER BOTH THE PROVISIONS OF THIS AGREEMENT AND THE PROVISIONS OF THE PROGRAMS LICENSED TO ICARUS COLLEGE . 

13. Use Embedded Data - ICARUS COLLEGE software contains embedded data in compliance with licenses and payments of royalties necessary for encoding in connection with data stored or replicated in physical media which is paid for by ICARUS COLLEGE on a title by title basis a title by title basis and is transmitted to an end user for storage. Data arising from that transmission remains the property of ICARUS COLLEGE . 

14. Trademark Information - ICARUS COLLEGE and ALL YOUR NAMES trademarks and service marks, and other logos and product and service names are trademarks of ICARUS COLLEGE . Without ICARUS COLLEGE 's prior permission, you may not or use in any manner these ICARUS COLLEGE Marks. 

15. Violations - Please report any violations of the trademark ICARUS COLLEGE at http://www.medical-entrance.com.au 

16. Injunction or Restraining Order - Because ICARUS COLLEGE would be irreparably damaged if the terms of this Software Agreement were not specifically enforced, you agree that ICARUS COLLEGE shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as ICARUS COLLEGE may otherwise have under applicable laws. You specifically agree that ICARUS COLLEGE shall have the right to immediate injunction or temporary restraining order, as ICARUS COLLEGE deems appropriate in the event of a breach of this Agreement. 

17. Indemnity - At ICARUS COLLEGE's request, you agree to defend, indemnify and hold harmless ICARUS COLLEGE, its affiliates, contractors, officers, directors, students, agents, licensors, licensees, distributors, content providers, and other users of the Software, from all damages, losses, liabilities, claims and expenses, including attorneys' fees, arising directly or indirectly from your acts and omissions to act in using the Software pursuant to the terms of this Agreement or any breach of this Agreement by you 

Contacting the Web Site - If you have any questions about our privacy statement, the practices of this site, or your dealings with this Web site, you can contact: ICARUS College Team info@icarus.edu.au
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