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Home > AEShareNet Help > AEShareNet Glossary

AEShareNet licensing glossary

For all of the defined terms used within the AEShareNet licensing system please refer to the relevant section of the AEShareNet Charter

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  • Please Note: The following glossary help pages are only provided as a guide as they do not reflect the latest AEShareNet Charter. Therefore these pages should not be relied upon, and instead used merely as a general guide. The latest version of the AEShareNet Charter - complete with the most recent glossary definitions - can be downloaded by clicking the link above.

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    Term Definition
    A
    Acceptance "Acceptance":
       (a)   means acceptance of the offer of a Licence of particular Material under a particular Material Registration in accordance with the systems operated from time to time by the Company; and
       (b)   includes any additional or special actions stipulated in the relevant Licence Protocol to be undertaken by a Licensee in order to take a Licence in relation to the Material;
    Acceptance Model "Acceptance Model" means a mode of Acceptance of a Licence recognised under the AEShareNet Charter, and includes:
       (a)   Immediate Acceptance;
       (b)   Mediated Acceptance; and
       (c)   Extended Mediation;
    AEShareNet "AEShareNet" or "Australian Educational Sharing Network" means all those systems, arrangements and activities implemented and operated under the Charter for copyright management and licensing by stakeholders in the VET Sector;
    AEShareNet "AEShareNet" or "Australian Educational Sharing Network" means all those systems, arrangements and activities implemented and operated under the Charter for copyright management and licensing by stakeholders in the VET Sector;
    AEShareNet - C "AEShareNet - C" - Customisable Licence. Suitable for commercial, value-added or discretionary training Material which does not warrant a standalone agreement.
    AEShareNet - P "AEShareNet - P" - Preserve the Integrity Licence. Typically for Material that derives its value from its completeness. Eg. Research reports or Speeches.
    AEShareNet - S "AEShareNet - S" - Standard Licence. Typically used where the cost of a formal one off licence is disproportionate to the value of its use.
    AEShareNet - U "AEShareNet - U" - Unrestricted usage Licence. Typically for low value Material. Not associated with a particular copyright.
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    AEShareNet Database "AEShareNet Database" means any of the databases required to be established in accordance with the Charter and listed in clause 7.4 of the AEShareNet Charter;
    AEShareNet Mark "AEShareNet Mark" means the word "AEShareNet" registered as a trade mark under the Trade Marks Act 1995;
    AEShareNet Website "AEShareNet Website", or "Website" means the website described in clause 7 of the AEShareNet Charter;
    Annex "Annex" means an Annex to the AEShareNet Charter as amended and in force from time to time under the Constitution;
    ANTA "ANTA" means the Australian National Training Authority, a body corporate established under the Australian National Training Authority Act 1992;
    Assignment "Assignment" means an assignment (as that term is used in the Copyright Act 1968) effected in relation to particular Material under clause 6 of the AEShareNet Charter;
    Authorisation

    "Authorisation" means a head licence effected under clause 6 of the AEShareNet Charter for a Licensor to extend Licences in relation to particular Material;

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    B
    Body Politic "Body Politic" means any of:
       (a)   the Crown in right of the Commonwealth of Australia;
       (b)   the Crown in right of a State of Australia; or
       (c)   the Crown in right of the Australian Capital Territory or the Northern Territory (but not an external Territory);
    Budget Centre "Budget Centre" is an entity assigned to a particular Member with its own billing details and communications address. A Member will have one or more Budget Centres under its membership.
    Budget Centre ID "Budget Centre ID" is a user defined identifier for the Budget Centre.
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    C
    Charter "Charter" or "AEShareNet Charter" means this document including the Annexes as amended and in force from time to time under the Constitution;
    Class "Class" means a Class of Member referred to in clause 4.1of the AEShareNet Charter
    Class A "Class A" is a Body Politic.
    Class B "Class B" is a Statutary Corporation.
    Class C "Class C" is a Corporation.
    Class D "Class D" is a Natural Person.
    Clearance "Copyright Clearance" is a comprehensive set of principles under which AEShareNet can be used as a vehicle enabling Members to: make assertions as to copyright ownership, and disclose any weaknesses in title; negotiate authorisations from part owners to Licence Material into the system; negotiate and trade off claims to layered, shared or uncertain copyright.
    Clearance - Interested Party "Clearance - Interested Party" is the Member ID of a Interested Party.
    Commencement "Commencement", or "Commencement Day" means the day (subsequent to the day on which the Charter comes into effect under clause 3.1) of commencement of AEShareNet operations, as determined by the Company;
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    Company "Company" means AEShareNet Limited, a Company limited by guarantee incorporated under the Corporations Law;
       a reference to any thing done or to be done by the Company includes a reference to the doing of that thing by an executive officer, employee, agent or contractor of the Company under the direction or control of the board of the Company, or by the programmed action of computer systems established as provided under clause 2.3 of the AEShareNet Charter;
    Compilation "Compilation" means a compilation within the meaning of the Copyright Act 1968;
    Concurrent "Concurrent" refers to an Ownership Model in which copyright in a Derivative (including the original Material and any fresh layer of copyright arising from the additional efforts of the Licensee) vests in the Licensee, whilst the original copyright owner retains "concurrent" copyright in the original version. The two parties exercise copyright concurrently in slightly different versions of the Material;
    Confidential Information "Confidential Information" means information that:
       (a)   is by its nature confidential;
       (b)   is designated by a party as confidential; or
       (c)   a party knows or ought to know is confidential;
       but does not include information which:
       (d)   is or becomes public knowledge other than by breach of the Charter or by any other unlawful means;
       (e)   is in the possession of a party without restriction in relation to disclosure before the date of receipt; or
       (f)   has been independently developed or acquired by a party;
    Consolidated "Consolidated" refers to an Ownership Model in which copyright in a Derivative (including the original Material and any fresh layer of copyright arising from the additional efforts of the Licensee) "consolidates" with one party, generally the original copyright owner
    Constitution "Constitution" means the Constitution of the AEShareNet Company, as amended and in force from time to time under the Corporations Law;
    Contextualisation "Contextualisation" means non-substantive modifications to particular Material in which names and contexts have been substituted to adapt the Material for a different learning environment, but without alteration of content to an extent that would affect achievement of competency
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    Copy "Copy" means a reproduction of Material in the same or a different medium, without any alteration of content;
    Copyright Information "Copyright Information" includes, without limitation:
    (a)   a Copyright Statement;
    (b)   a Licence Mark, and any associated URL;
    (c)   attribution of authorship;
    (d)   acknowledgment of funding;
    (e)   title, catalogue item and other metadata;
    (f)   version identification;
    (g)   the identification of Enhancements and Supplementary Material;
    (h)   stipulations as to the extent that Contextualisations are permitted;
    (i)   any trade mark or logo of the Licensor, copyright owner(s) or author(s);
    (j)   warnings and disclaimers;
    (k)   digital watermarks; and
    (l)   any other copyright management information not otherwise covered;
    Copyright Statement "Copyright Statement" means an assertion as to ownership of copyright in particular Material applied within, on or in relation to the Material substantially in the following form:
       © <owner(s) of copyright> <year of initial publication>;
    Cost "Cost", in relation to the supply of Material, means the marginal cost of preparation, reproduction, assembly and delivery;
    Course Curriculum "Course Curriculum" is a plan incorporating a structured series of intended learning outcomes and associated learning experiences (ie the objectives, structure, content, assessment and sequencing of what has to be learned, generally organised as a related combination or series or units, modules and elements). Sometimes a course curriculum document covers one qualification and sometimes it covers nested or related qualifications.
    Custodianship "Custodianship", in relation to particular Material, means the convention under which a particular department, office or agency of a Body Politic is permitted and commonly accepted to exercise copyright in relation to the Material on behalf of the Body Politic;
    Customisation "Customisation", in the case of a Licence transacted by Extended Mediation, means details entered into the variable Fields in the Licence record in the course of negotiation or re-negotiation of the Licence;
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    D
    Derivative Material "Derivative Material" or "Derivative", in relation to particular original Material, includes:
       (a)   a Contextualisation;
       (b)   an Enhancement;
       (c)   Supplementary Material; or
       (d)   a Compilation
       derived from the original Material and incorporating a substantial part of the original Material, but does not include a Copy;
    Dispute "Dispute" means a dispute to which clause 9 of the AEShareNet Charter applies;
    Distribution Mode "Distribution Mode" means any manner of distributing or communicating Material to an End-user, and includes, without limitation:
       (a)   print formats;
       (b)   CD-ROM;
       (c)   other machine readable formats;
       (d)   delivery or performance;
       (e)   broadcast;
       (f)   pay TV;
       (g)   Internet;
       (h)   rental;
       (i)   ANY; or
       (j)   OTHER (details to be specified in Customisation);
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    E
    EFT "EFT" means Equivalent Full Time Staff/Student numbers.
    Element of Competency "Element of Competency" - Elements of competency identify and describe actions of outcomes (performances) which are observable. They are the smallest logical, identifiable discrete sub-groupings of actions and knowledge that make up a unit of competency.
    End-user "End-user" means a person, whether or not a Member, to whom a Licensee distributes or communicates Material under a Licence;
    Enhancement "Enhancement" means a substantive modification to particular Material, but only to the extent that the changes cannot meaningfully inform or entertain independently of the original Material;
    Exploit "Exploit" or "Exploitation" means distribution or communication to an End-User, and includes any act of copyright involving the Licensee’s customer, client or other third party, such as distribution of the Material or Derivatives, performance in public (such as delivery of a training module in some situations), broadcasting, cable transmission, inclusion of the Material at a website and, where relevant, rental. It is irrelevant whether a commercial (or any) fee is charged in connection with the distribution, performance, etc. Exploitation does not in itself extend to Sub-licensing third parties to Use or Exploit the Material themselves;
    Extended Mediation "Extended Mediation" refers to an Acceptance Model under which a Licence arises after negotiation between the Parties. The Licensee accesses the Material Registration in such a manner as to elicit a draft Licence which may or may not incorporate completed Customisation details and may or may not constitute a formal offer of a Licence capable of Acceptance. The parties may negotiate additional or revised Customisation details, which may be entered by the Licensor in the draft Licence. The process may be iterated until the Licensee Accepts the latest proposal of the Licensor;
    Extrinsic Material "Extrinsic Materials" means the Materials referred to in clause 2.5 of the AEShareNet Charter;
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    F
    Field "Field" means a field within an AEShareNet Database;
    Format "Format" is the format of the Material e.g. Text or CD or Video.
    Format Type '"Format Type" is the format of the Material e.g. Text or CD or Video.
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    G
    Global Status "Global Status" is the current Global State of AEShareNet. It may be one of Pre-Incorporation, Pre-Commencement, Operational, or Suspended.
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    I
    Immediate "Immediate" refers to an Acceptance Model under which a Licence arises as soon as the Licensee performs an act comprised within the copyright in reliance upon a Licence. There is no formal Acceptance transaction;
    Interested Party "Interested Party" is a Member or Non Member that may have an interest in the Copyright or Licensing of a Material.
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    L
    Learning Outcome "Learning Outcome" is the measurable objective components of a module. The focus of competency based learning is on helping the learner to achieve a set of pre determined learning outcomes which state the skills and knowledge required to enable performance of a particular task in the workplace, as a result of the learning process.
    Licence "Licence" means a licence (as that term is used in the Copyright Act 1968) effected in relation to particular Material under clause 5 of the AEShareNet Charter;
    Licence - Id "Licence ID" is a unique numeric identifier for a Licence.
    Licence Fee "Licence Fee" means a flat amount expressed in Australian dollars payable for the grant of a Licence, irrespective of the Distribution Modes permitted or the volume of Exploitation;
    Licence ID "Licence ID" is a unique numeric identifier for a Licence.
    Licence Mark "Licence Mark" means a construct specified in a Licence Protocol which is uniquely associated with associated Licence Regime. It may incorporate the AEShareNet Mark. When applied to particular Material it may appear in conjunction with a URL for the Material Registration;
    Licence Protocol "Licence Protocol" or "Protocol" means a document containing information relating to a Version of a Licence Regime, substantially in the form set out in Annex 2, incorporating in particular the details required by clause 5.3 of the AEShareNet Charter;
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    Licence Protocol ID "Licence Protocol ID" is a unique numeric identifier for the Licence Protocol.
    Licence Protocol Version "Licence Protocol Version" is the version number of the Licence Protocol. The Licence Mark and Version together are uniquely associated with a particular Licence Protocol ID.
    Licence Regime "Licence Regime" means a category of Licence recognised under AEShareNet including all associated business rules, arrangements, understandings, processes and systems, and includes any or all Versions of the Licence Regime as the context requires;
    Licence Status - Current "Licence Status - Current" means that the Licence has been accepted and remains in effect.
    Licence Status - Draft "Licence Status - Draft" means that the Licence has been offered but has not yet been accepted.
    Licence Status - Expired "Licence Status - Expired" means that the Licence has passed its expiry date and is no longer in effect.
    Licence Status - Pending "Licence Status - Pending" means that the Licence has been transacted but has not yet commenced.
    Licence Status - Superseded "Licence Status - Superseded" means that the Licence has been replaced by a successor license, and is only a historical record. This only applies to Mark - C licences.
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    Licence Status - Terminated "Licence Status - Terminated" means that the Licence has been terminated by the mutual consent of the parties and is no longer in effect.
    Licence Status - Termination Proposed "Licence Status - Termination Proposed" means that the termination of the Licence has been proposed but not completed.
    Licence Status - Under Negotiation "Licence Status - Under Negotiation" means that the Licence is being negotiated between Licensor and Licensee. This only applies to Mark - C licences.
    Licence Status - Variation Proposed "Licence Status - Variation Proposed" means that the Licence is a proposed variation to an existing current licence.
    Licensee "Licensee" means a person to whom a Licence is granted (or proposed, offered, or purported to be granted - as the case requires);
    Licensor "Licensor" means a Member who grants (or proposes, offers or purports to grant - as the case requires) a Licence;
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    M
    Mark "AEShareNet Licence Mark" is a letter to identify the relevant regime under which the Material is Licensed.
    Material "Material" means a copyright work or subject matter other than a work (as those expressions are used in the Copyright Act 1968);
    Material "Material" means a copyright work or subject matter other than a work (as those expressions are used in the Copyright Act 1968);
    Material Registration A "Material Registration" is the details of a particular Material that is registered with AEShareNet and may be available for licensing.
    Material Registration - Format "Format" is the format of the Material e.g. Text or CD or Video.
    Material Registration - Scope "Material Registration - Scope" describes which sectors the material applies to. Materials are generally written to support a sector, an entire curriculum/training package, modules or units of competency. However as more online content become available (for example ANTA Flexible Delivery Toolboxes) components of this material may relate to a smaller scope such as a single element of competency and may be separately catalogued as such in AEShareNet.
    Material Registration - Status "Material Registration - Status" describes the Material Registrations current capacity to be Licenced.
    Material Registration - Subjects "Material Registration - Subjects" are the topic or subject matter of the material. These terms are from the OZJAC and AVETMISS thesaurii.
    Material Registration - Type "Material Registration - Type" describes how the Material would fit into an educational course. Such as learner resource, trainer resource, curriculum, research and policy materials.
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    Material Registration Number "Material Registration Number" is a unique number assigned to each Material Registration that may be used to reference the Material Registration
    Material Scope "Material Scope" describes which sectors the material applies to. Materials are generally written to support a sector, an entire curriculum/training package, modules or units of competency. However as more online content become available (for example ANTA Flexible Delivery Toolboxes) components of this material may relate to a smaller scope such as a single element of competency and may be separately catalogued as such in AEShareNet.
    Mediated "Mediated" refers to an Acceptance Model under which a Licence arises when the Licensee accesses the Material Registration in such a manner as to elicit a formal offer of a Licence, and then Accepts the Licence;
    Member "Member" includes:
       (a)   a Subscriber; or
       (b)   a Member of the AEShareNet Charter admitted under clause 4,
       and in the case of a Body Politic means the Body Politic as represented by a particular department, office or agency, or a group of departments, offices or agencies which are aggregated on one Member Profile as one Membership for the purposes of AEShareNet;
    Member "Member" includes:
       (a)   a Subscriber; or
       (b)   a Member of the AEShareNet Charter admitted under clause 4,
       and in the case of a Body Politic means the Body Politic as represented by a particular department, office or agency, or a group of departments, offices or agencies which are aggregated on one Member Profile as one Membership for the purposes of AEShareNet;
    Member Class "Membership Class" may determine rights to give and receive Licences under different Protocols, the right to be a member of AEShareNet, and various fees payable under the Charter.
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    Member ID "Member ID" is a unique numeric identifier given to an AEShareNet Member.
    Member Profile "Member Profile" or "Profile" means a document containing information in relation to a Member substantially in the form set out in Annex 1, including in particular those details specifically required by clause 4.4 of the AEShareNet Charter;
    Members Area "Members Area" is the area within the AEShareNet system only accessible to users with a username and password
    Module "Module" is a specific learning segment complete in itself, which deals with one or a number of aspects of vocational education at a given level of understanding or skill performance in accordance with stated aims and objectives. Students enrol in modules when undertaking a course based on curriculum.
    Moral Rights "Moral Rights" means the personal rights of integrity and/or attribution enjoyed by an author, and includes those rights set out in Part IX of the Copyright Act 1968 and any rights of an analogous nature which may exist from time to time under the law of any country;
    MRN "MRN" is the acronym for Material Registration Number.
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    N
    Negotiation "Negotiation" in AEShareNet is the process of Extended Mediation undertaken by the Licensor and Licensee to determine the customised terms of an AEShareNet-C Licence.
    There are four basic steps to the negotiation process:
    1.   The Licensee requests a licence and enters into negotiations
    2.   The Licensee contacts the Licensor and they decide on terms
    3.   The Licensor enters the details of the negotiated licence into AEShareNet
    4.   The Licensee accepts the licence
    NTIS "NTIS" is the National Training Information Service
    NTIS - Nat Code "NTIS - National Code" is a code given by NTIS to all nationally recognised courses,qualifications etc.
    O
    Objects "Objects" means the objects set out in clause 1 of the AEShareNet Charter;
    Ownership Model "Ownership Model" means a model recognised under the Charter for the allocation of copyright between the owner of original Material and a person who creates a Derivative of that Material, and includes:
       (a)   Consolidated Ownership;
       (b)   Concurrent Ownership; and
       (c)   Partitioned Ownership;
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    P
    Partitioned "Partitioned" refers to an Ownership Model in which any fresh layer of copyright arising from the additional efforts of the Licensee vests in the Licensee, whilst copyright in the original Material stays with the original copyright owner;
    Password Your Password should be an easily rememberable string of characters and may not be blank.
    Person "Person" includes a natural person, a body corporate and a Body Politic;
    Primary Member ID "Primary Member ID" is the ID of the Member to whom the user is primarily associated.
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    Q
    Qualification "Qualification" is a formal certification, issued by a relevant approved body, in recognition that a person has achieved learning outcomes (or competencies) relevant to identified individual, professional, industry or community needs
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    R
    Regime "Licence Regime" means a category of Licence recognised under AEShareNet including all associated business rules, arrangements, understandings, processes and systems, and includes any or all Versions of the Licence Regime as the context requires;
    Registration "Registration", in relation to particular Material:
       (a)   means the creation of an entry relating to the Material in the Materials Database in accordance with the systems operated from time to time by the Company; and
       (b)   includes any associated actions stipulated in the relevant Licence Protocol to be undertaken (such as the Application of a Licence Mark or other functionality implemented in relation to the Material);
       by a Licensor in order to extend a Licence in relation to the Material; and "Register" shall be similarly construed;
    Role A "Role" is a group of privileges that may be assigned to a user and allows them to perform certain tasks within the AEShareNet system.
    Royaltiable Unit "Royaltiable Unit" means a measure of the volume of distribution or communication of Material to an End-user, and includes, without limitation:
       (a)   each copy;
       (b)   each website URL;
       (c)   each student or audience member;
       (d)   each transmission;
       (e)   each performance;
       (f)   each year;
       (g)   each rental transaction;
       (h)   unlimited use for a specified Distribution Mode; or
       (i)   other (details to be specified in Customisation);
    Royalty "Royalty" means an amount expressed in Australian dollars payable per Royaltiable Unit for the exercise of a Licence under a particular Distribution Mode;
    Royalty Report A "Royalty Report" is a completed by the Licensee at the end of every accounting period for each licensed Material for which they might owe royalties. "Royalty" means an amount expressed in Australian dollars payable per Royaltiable Unit for the exercise of a Licence under a particular Distribution Mode
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    S
    Sector "Sector" - Each industry group is responsible for a number of industry sectors. Some sectors correspond to the Qualifications Structure of a Training Package
    Status "Status" means the status of an entry in an AEShareNet Database, and may take, without limitation, any of the values referred to in relation to a particular Database under particular provisions of the AEShareNet Charter;
    Sub-licence "Sub-licence" or "Sub-licensing" means authorising a third party to themselves perform acts of copyright;
    Sub-licensing "Sub-licence" or "Sub-licensing" means authorising a third party to themselves perform acts of copyright;
    Subscriber "Subscriber" means a member of the AEShareNet Company who was an initial subscriber of the AEShareNet Constitution;
    Supplementary Material "Supplementary Material" means substantial additional work which appends, incorporates, is appended to, or is incorporated into, the original Material, but which has some capacity to entertain or inform independently of the original Material;
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    T
    Training Package "Training Package" - Industry defines the knowledge and skills required by a person to be competent in the workplace (known as Competency Standards). A Training Package is the grouping together of the training components designed to assist in achieving the competencies for a specific industry. A Training Package may contain few or many qualifications.
    Transaction ID "Transaction ID" A unique numeric identifier for the Transaction.
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    U
    Unit of Competency "Unit of Competency" describes a major skills area of industry. These skills must be transferable skills. Successful achievement of units of competency would normally require the use of several skills and the application of knowledge attitudes and values in the work. Units of competency are packaged together and, when combined at various levels, can form qualifications (Certificate, Diploma etc). Students enrol in Units of Competency when they undertake a qualification based on a training package.
    URL "URL" means Uniform Resource Locator. It is a link to another piece of information, generally a web site.
    Use "Use" (whether a verb or a noun) refers to use (including the making of Copies and Derivatives) for personal or ordinary internal activities, but does not include Exploitation or Sub-licensing;
    User "User" means a person who has access to the AEShareNet system.
    Username "Username" is a unique identifier associated with a user and used to log into the system
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    V
    Version "Version" means a version of a Licence Regime documented in a Licence Protocol;
    Vet Sector "Vet Sector" means the Vocational Education and Training Sector and includes among others, public TAFE systems and adult and community education institutions.
    Vetting "Vetting" means the process of approving a Derivative, as specified under a Licence Protocol.
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