Licence Conditions
Whole agreement
This Agreement constitutes the whole agreement between the Commonwealth of Australia (represented by Geoscience Australia) and the Licensee with respect to the Data, and supersedes any prior negotiations, agreement or understanding.
Warranty re licence details supplied by You
You warrant that the Licence Details supplied by You are correct and complete. The Licence only applies if and so long as this remains the case. If You are contracting on behalf of an organisation, You warrant that You are entitled to enter into the Agreement on behalf of the Licensee.
Grant of licence
Geoscience Australia grants to the Licensee a non-exclusive, non-transferable licence (the Licence):
- to access and download the current version of the Data from the Geoscience Australia website;
- to load, display, print and reproduce views obtained from the Data;
- to develop the Derivative Product from the Data; and
- to distribute the Data or the Derivative Product to End-users.
End-users
The Licence does not entitle the Licensee to sub-licence the above rights. However the End-user may exercise limited rights conferred by Geoscience Australia, as described in the copyright statements that the Licensee is to apply as stipulated below.
Where the data is used in unaltered form
The Licensee must make End-users aware the data was sourced from Geoscience Australia and is used under licence. Distribution information must be supplied to Geoscience Australia on request. The following copyright statement shall be used:
© Commonwealth of Australia (Geoscience Australia) 2005
Limited End-user licence provided by Geoscience Australia: You may load, display, print and reproduce views obtained from the Data (Insert name of dataset), retaining this notice, for your personal use, or use within your organisation only. You must not create a Derivative Product in which the Data is altered, abridged or supplemented. Geoscience Australia gives no warranty regarding the Data's accuracy, completeness, currency or suitability for any particular purpose.
Visit the Geoscience Australia website (www.ga.gov.au) to download the most current version of the Data and to obtain an Unlimited Licence. An Unlimited Licence permits you to create a Derivative Product, and to distribute the Data or Derivative Product to third parties.
Where a derivative product is developed from the data
The Licensee must supply a copy of the Derivative Product and distribution information to Geoscience Australia on request. Any Derivative Product shall display the following copyright statement:
This product (XXXX) incorporates data which is:
© Commonwealth of Australia (Geoscience Australia) 2005
The Data (Insert name of dataset) has been used in XXXX with the permission of Geoscience Australia. Geoscience Australia has not evaluated the Data as altered and incorporated within XXXX, and therefore gives no warranty regarding its accuracy, completeness, currency or suitability for any particular purpose.
Limited End-user licence provided by Geoscience Australia: You may use XXXX to load, display, print and reproduce views obtained from the Data, retaining this notice, for your personal use, or use within your organisation only.
Visit the Geoscience Australia website (www.ga.gov.au) to download the most current version of the Data and to obtain an Unlimited Licence. An Unlimited Licence permits you to create a Derivative Product, and to distribute the Data or Derivative Product to third parties.
(The minimum level of attribution, which applies to simple publications, such as a map, but not including digital products, is as follows)
This product (XXXX) incorporates data which is:
© Commonwealth of Australia (Geoscience Australia) 2005
Retention of notices
Except as permitted above the Licensee shall not remove, obscure or interfere with any copyright statement, acknowledgment, attribution, trade mark, warning or disclaimer statement affixed to, incorporated in or otherwise applied in connection with the Data.
Intellectual property
The Licensee acknowledges that the Data is a special, unique and valuable product in which the copyright and other applicable Intellectual Property rights vest in Geoscience Australia. All rights not expressly granted to the Licensee under the Agreement are reserved. Geoscience Australia warrants that the grant of the Licence does not infringe the Intellectual Property rights of any person.
Responsibility for employees and agents: The Licensee shall take all reasonable steps to ensure that any person given access to the Data on its behalf is aware of these Licence Conditions and uses the Data only in accordance with the Agreement.
Precautions
Geoscience Australia does not warrant the accuracy, completeness, currency or suitability of the Data for any purpose. The Licensee assumes responsibility for selection of the Data to achieve any intended results, and for its installation and use. The Licensee also assumes responsibility for the interpretation of any results obtained from use of the Data, and must exercise all appropriate precautions before placing reliance on those results.
Product warranty
No warranties, express or implied, are given or offered for the Data except as provided in this Condition. Where any statute implies into the Agreement any condition or warranty, and that statute prohibits provisions excluding or modifying the application or exercise of, or liability under, such condition or warranty, such condition or warranty shall be deemed to be included in the agreement. However, Geoscience Australia's liability for any breach of such statutory condition or warranty shall be limited, at its option, to any one or more of the following:
- replacement of the Data;
- the supply of an equivalent product;
- payment of the cost of replacing the Data or acquiring an equivalent product;
- a refund of the price (if any) paid by the Licensee for the Data.
Release and indemnity
Except as provided in the previous Condition, the Licensee:
- releases Geoscience Australia, the Commonwealth and their employees and agents in respect of all liability for loss, damage or injury which may be suffered by the Licensee arising from its use of the Data;
- indemnifies Geoscience Australia, the Commonwealth and their employees and agents in respect of all liability for loss, damage or injury, which may be suffered by any person arising from that person's use of the Data supplied to the Licensee.
Severance
Any reading down or severance of a particular provision of the Agreement does not affect the remaining provisions.
Waiver
No forbearance, delay or indulgence by a Party in enforcing the provisions of the Agreement shall prejudice or restrict the rights of that Party, nor shall waiver of those rights operate as a waiver of any subsequent breach.
Variation
No variation of the Agreement shall be of any force or effect unless it is in writing signed by both Parties.
Termination
The Licence shall be deemed terminated automatically in the event of a breach of warranty by You, if the Licence Details are no longer complete and correct or if the Licensee breaches any Condition of the Agreement. Termination of the Licence shall not affect any rights accrued by either Party under the Agreement prior to termination. Upon termination the Licensee shall immediately cease using the Data for any purpose whatsoever, and shall erase all copies under its control, unless otherwise directed by Geoscience Australia.
Applicable law
The Agreement shall be construed in accordance with the law of the Australian Capital Territory and the Parties submit to the jurisdiction of courts of that Territory.
Application within the Commonwealth
Where the Licensee is a Department or agency of the Commonwealth of Australia, such that it is not permitted to enter into a binding legal agreement except as the Commonwealth, then the Agreement shall be read down as a mere arrangement.
Definitions and interpretation
In these Conditions, unless the contrary intention appears:
terms not otherwise defined are to be construed according to the context in which they first appear in bold type;
number: the singular includes the plural and vice versa;
parts of speech: a reference to one part of speech includes all other parts;
"the Agreement" means this agreement constituted by the Licence Details and these Licence Conditions;
"Geoscience Australia" means the Commonwealth of Australia, represented by Geoscience Australia, and
includes any agency which succeeds to the functions of that agency;
"the Data" means the product referred to in the Licence Details;
"Derivative Product" means a distinct product in which the Data is altered, abridged or supplemented, and/or which incorporates additional functionality;
"End-user" means a third party to whom the Licensee supplies the Data or a Derivative Product;
"Intellectual Property" includes all copyright, and all rights in relation to registered and unregistered trademarks (including service marks), registered designs and confidential information (including trade secrets and know-how), and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields;
"Licensee" means You, or the organisation (if any) on whose behalf You are taking the Licence, as identified in the Licence Details;
"Parties" means Geoscience Australia and the Licensee;
"You" or "Your" refers to the natural person identified in the Licence Details.
