NATMAP Raster NATMAP Raster Premium 2005 Release

Licence Agreement

IMPORTANT!
By using this product, you agree to the following:

This document is a legal agreement between the Commonwealth of Australia ("the Commonwealth") and you ("the Licensee") in relation to the product enclosed in this package ("the Product"). By opening and using the Product you indicate your acceptance of the licence conditions ("the Conditions"). In the event that you do not agree with any of the terms in the Conditions, you must refrain from using the Product and return it to the place of purchase within seven (7) days of purchase to obtain a full refund.

Additional Definitions of Terms in this Licence Agreement:

"Commercialise", in respect of the Product or a product or service derived from the Product, includes distributing, giving away, selling, letting for hire, or by way of trade, offering or exposing for sale or hire any article embodying the Product or any product or service derived from or incorporating the Product.

"Data" means the data embodied in machine readable media in this data package.

"Geoscience Australia" means the Commonwealth represented by Geoscience Australia, and includes any agency which succeeds to the functions of that agency.

"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.

"Product" means the Data and RASTER VIEWER and includes any documentation, forms and packaging provided along with it.

"RASTER VIEWER" means ALL the machine readable software code, either as html, compiled or otherwise, embodied in this Product.

Licence Conditions Relating to NATMAP Raster Products

Licence Duration: The Agreement commences when the seal on the data package is broken, and continues in force indefinitely unless terminated in accordance with the termination provisions below. The Licensee must register online or print, complete and sign the digital registration card, and forward it to Geoscience Australia, within thirty (30) days of the date of commencement.

Licence Granted: Geoscience Australia grants to the Licensee a non-exclusive, non-transferable licence to access, display, reproduce, adapt and print the Product, and combine it with other data held by the Licensee. The Licence is limited to personal use of the Product or use within the Licensee's organisation only. Any other requests for permission (including provision of data within the Product to third parties, or through WWW access) should be referred to Geoscience Australia. Geoscience Australia warrants that the grant of the Licence does not infringe the Intellectual Property rights of any person. All rights not expressly granted to the Licensee are reserved.

Restrictions on Use: The Licensee shall not (a) Commercialise the Product or any product or service derived from or incorporating the Product, or (b) make the Product available via external access such as the World Wide Web, without the prior consent in writing from Geoscience Australia. Geoscience Australia may grant or refuse consent in its absolute discretion and subject to any condition whatsoever, including the payment of royalties. The Licensee shall not remove, obscure or interfere with any copyright notice, trademark, warning or disclaimer affixed to, incorporated in or otherwise applied in connection with the Product.

Intellectual Property in the Product: All rights not expressly granted to the Licensee are reserved. The Licensee acknowledges that the Product is a special, unique and valuable product in which the copyright and other applicable Intellectual Property rights vest in Geoscience Australia. Geoscience Australia retains ownership of the Product, whether in its original form or as modified by the Licensee, and of the Intellectual Property rights therein.

Safekeeping of the Product: The Licensee shall maintain the Product in safe custody. The Licensee shall take all reasonable steps to ensure that any person given access to the Product is aware of these Conditions and uses the Product only in accordance with the Agreement.

Licensee not to assign its rights: The rights granted under the Licence are restricted solely to the Licensee and may not be assigned, transferred or sub-licensed without the prior written consent of Geoscience Australia. Geoscience Australia may grant or refuse consent in its absolute discretion and subject to any condition whatsoever.

Limited Warranty and Customer remedies: Geoscience Australia cannot guarantee that the Product is free from errors, and does not warrant the quality, performance or suitability of the Product for any purpose. The Licensee assumes responsibility for selection of the Product to achieve any intended results, and for its installation and use. The Licensee assumes responsibility for the interpretation of any results obtained from use of the Product, and must exercise all appropriate precautions before placing reliance on those results. If the Product is found significantly defective and is returned to Geoscience Australia with proof of purchase within ninety days (90) of delivery specifying details of the defect, Geoscience Australia may, at its option: (a) replace the Product; or (b) refund the price paid by the Licensee for the Product.

No other warranties, either express or implied, are given or offered for the Product 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. Geoscience Australia's liability for any breach of such statutory condition or warranty shall be limited, at its option, to: (a) the replacement of the Product or the supply of an equivalent Product; and/ or (b) the repair of the Product.

Geoscience Australia provides easy to follow self-help resources for users - the User Guide contains useful trouble shooting tips and a list of frequently asked questions. The Geoscience Australia internet site also provides more trouble shooting advice and users are encouraged to seek solutions from these sources. However, if users continue to encounter problems or cannot resolve a problem, Geoscience Australia offers a limited telephone support service for a period of one year from date of purchase for registered Products.

System Requirements: Geoscience Australia has advised the Licensee of the minimum and recommended system requirements that are necessary to operate the Product. If the Licensee's operating system does not meet, or is incompatible with, the minimum or recommended system requirements, the Licensee acknowledges that it may (a) be unable to operate the Product, or (b) experience functional problems when using the Product. In such cases, Geoscience Australia is not required to provide support, advice or assistance of any kind and Geoscience Australia will not be liable for costs or losses of any kind that may be incurred by the Licensee using the Product. Geoscience Australia is not responsible for maintaining the Product or for updating, modifying or configuring the Product to suit the Licensee's system requirements.

Licensee's agreement to release and indemnify: Except as provided above, the Licensee (a) 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 it arising from the Licensee's use of the Product; and (b) 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 Product.

Termination of this Licence and Waiver: If the Licensee breaches any of these Conditions, Geoscience Australia may terminate the Agreement immediately by notice in writing to the Licensee. Such termination of the Agreement shall be without prejudice to the rights of either party accrued under the Agreement prior to termination. The Licensee shall cease using the Product, the Product and the RASTER VIEWER for any purpose from the date of termination of the Agreement and shall return the Product and any copies made of it to Geoscience Australia within 30 days of the date of termination. 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.

Interpretation of this Agreement: The Agreement supersedes all prior agreements and understandings between the parties relating to the Product and constitutes the entire agreement between the parties. No addition to or modification of any provision of the Agreement shall be binding unless in writing signed by both parties. The Agreement shall be governed by and construed in accordance with the laws for the time being in force in the Australian Capital Territory. Any reading down or severance of a particular provision does not affect the remaining provisions of the Agreement.

Application to Commonwealth Agencies: Where Geoscience Australia and the Licensee are agencies of the Commonwealth of Australia, such that neither is permitted to enter into a binding legal agreement except as the Commonwealth, then the Conditions shall be read as giving rise merely to an arrangement.