LICENCE CONDITIONS
COVERING NOAA DATA AND DATA PRODUCTS SUPPLIED BY ACRES
GRANT OF LICENCE
The Licensed Data and/or the Licensed Data Products are provided to you ("The Licensee") either by or on behalf of the Australian Centre for Remote Sensing ("ACRES"), National Mapping Division, Geoscience Australia, Department of Resources, Energy and Tourism, or by a Distributor as authorised agent of ACRES.
The Commonwealth grants to the Licensee a non-exclusive, licence to use, display, reproduce and adapt the Licensed Data or Licensed Data Product and to make a Derived Product, subject to these licence conditions.
The Licence Conditions constitute the whole agreement between the Commonwealth of Australia (represented by ACRES) and you, the Licensee, with respect to the licensing, of the Data or Data Products, and supersede any prior negotiations, agreement or understanding in relation to such licensing. No variation of the Licence Conditions shall be of any force or effect unless it is in writing signed by both parties.
DEFINITIONS
In these Conditions, unless the contrary intention appears:
"Commonwealth" means the Commonwealth of Australia as represented by ACRES, Geoscience Australia.
"Data" means signals transmitted by the AVHRR Sensor which has been converted into digital form.
"Data Products" means products created by processing Data.
"Distributor" means a distributor appointed by the Commonwealth from time to time.
"Licensed Data" means the particular satellite Data the subject of the agreement incorporating these Conditions.
"Licensed Data Products" means the particular Data Products the subject of the agreement incorporating these Conditions.
"Licence Details" means the information as to the Licensee as required by ACRES.
"Licensee" means You, or the organisation (if any) on whose behalf You are taking the Licence, as identified in the Licence Details
"Satellite Operator" means the National Aeronautics and Space Administration (NASA).
LICENCE CONDITIONS
The Licensee acknowledges that the Licensed Data or Licensed Data Product is a special, unique and valuable product in which the copyright and other applicable intellectual property rights vest in the Commonwealth of Australia.
The Licensee shall not remove, obscure or interfere with any copyright notice or trademark notice affixed to, incorporated in or otherwise applied in connection with the Licensed Data or Licensed Data Product as supplied to it. In addition, the Licensee undertakes to reproduce in similar fashion any such notice in connection with any copy of the Licensed Data or a Derived Product made by the Licensee. In the case of data supplied via FTP this copyright notice should read:
Licensees are entitled to copy and distribute NOAA Data and MODIS Data Products.
This Licence may be terminated immediately by notice in writing to the Licensee for breach of any of these Licence Conditions.
In the event of termination the Licensee undertakes to return to ACRES on behalf of the Commonwealth all copies of the Licensed Data, and any derived products made by the Licensee.
WARRANTY
If the Licensed Data or the Licensed Data Product is found significantly defective and this is communicated to the Commonwealth, specifying details of the defect, within thirty days of delivery to the Licensee, the Commonwealth will either:
- replace the Licensed Data or the Licensed Data Product, or
- refund the price paid, if any, by the Licensee for the Licensed Data or the Licensed Data Product.
The Commonwealth does not provide this warranty where the Licensed Data or Licensed Data Products are provided through a Distributor from the Distributor's archive or the ACRES archive created and maintained by the Distributor or obtained online by the Licensee free of charge.
LIABILITY UNDER STATUTE
No conditions or warranties, either express or implied, are given or offered for the Licensed Data or the Licensed Data Products except as follows, or as otherwise set out in these Licence Conditions. Where any statute implies into this 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 this agreement but the Commonwealth's liability for any breach of such condition or warranty shall be limited, at its option, to any one or more of the following:
- the replacement of the goods or the supply of equivalent goods/services (as the case may be);
- the repair of such goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods/services (as the case may be).
The Commonwealth does not warrant the suitability of the Licensed Data or the Licensed Data Products for any purpose. The Licensee releases the Commonwealth and the United States Government ("the Providers") from any and all liability for loss, damage or injury which may be suffered by it arising from use of the Licensed Data or Licensed Data Products, or the negligent provision of the Licensed Data and Licensed Data Products by the Providers, and the Licensee indemnifies the Commonwealth in respect of any liability for loss, damage or injury which may be suffered by any person arising from use of the Licensed Data or Licensed Data Products, or negligent provision of the Licensed Data or Licensed Data Products by the Providers.
APPLICABLE LAW
These Licence Conditions 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.
FORCE MAJEURE
The Commonwealth shall be under no liability whatsoever to the Licensee for any failure to deliver the Data or any delay in delivery of the Data by reason of any event outside the reasonable control of the Commonwealth including but not limited to the expiry of agreements with satellite owners or the failure for any reason to conclude agreements or memoranda of understanding with satellite owners.
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