END USER LICENCE AGREEMENT - IMPORTANT, READ CAREFULLY BEFORE PROCEEDING
This is a licence agreement between "you" (either an individual or a single entity) and the University of Tasmania ("Licensor") for the software that accompanies this document ("Software"). You accept the terms and conditions of this licence by installing and / or using the Software after being presented with it. These terms and conditions apply whether or not you sign them.
1.1. "Hardware" means the minimum hardware and technical requirements for use of the Software, as specified in the Manual or otherwise published by Licensor from time to time.
1.2. "IP" means any rights in any copyright material (including any copyright material or item created in the future), patentable invention, design, circuit layout, new plant variety, trademark, know-how or trade
1.3."Manual" means any documentation (in electronic or hard copy form) provided to you by the Licensor to assist with installation and / or use of the Software.
1.4. "Permitted Use" means:
1.4.1. for your bona fide teaching, administrative or research purposes (as applicable); but
1.4.2. if this licence or an application form or other document (including an electronic document)
which precedes this licence states a more restrictive purpose for your use of the Software (e.g. use for a particular project or in a particular field), then that is the permitted purpose.
1.5."Update" means any revised or new version of the Software which provides for a technical improvement or error correction but does not necessarily provide additional functionality or performance.
1.6. Licensor grants you a non-exclusive, non-transferable licence to:
1.6.1. install the Software on one personal computer or other device; and
1.6.2. use the Software (and Manual) for the Permitted Use.
1.7. In spite of anything else in this licence, commercial use of the software is strictly prohibited. Commercial use includes but is not limited to, use of the software to provide any reports, test results, findings or services to any third party on commercial terms.
1.8.You are responsible for the acts and omissions of anyone who gains access to or use of the software through you, as if they were your own acts and omissions.
1.9.Nothing in this licence is intended to affect your rights in, or restrict your rights to publish your thesis or similar written dissertation for the purposes of obtaining an academic qualification.
3.Installation and support
1.10. You are responsible for installing and using the Software in accordance with the Manual or any directions given by Licensor.
1.11.The Software is for use on the Hardware and may not be operated on any other hardware platform or configuration.
1.12. Licensor is not obligated to provide you with support for the Software except where it has entered into a separate written agreement with you to provide such support.
4.Updates and Improvements
1.13. Licensor may, but without obligation to do so, make Updates to the Software (or Manual) available to you. If it does, the terms of this licence apply to the Software as Updated.
1.14. You are permitted to adapt, enhance or modify the Software for the purpose of correcting any errors, bugs or deficiencies or improving the Software's performance or functionality ("Your Improvements").
1.15. When Licensor requests you to do so, you must disclose Your Improvements to Licensor (in object code and source code form) and all related technical information without unnecessary delay.
1.16. You hereby assign all IP in Your Improvements to the Licensor.
5.Back-up and Copying
1.17. You may make the minimum number of copies of the Software (and Manual) that are necessary for your bona fide back-up purposes provided all such copies made, and any media containing such copies, display any copyright notices, confidentiality or other proprietary legends incorporated into the original copy.
1.18. Except for those back-up copies you are permitted to make or as expressly permitted by law, you must not copy the Software (or Manual).
1.19. You must notify Licensor immediately on becoming aware of any unauthorised use or copying of the whole or any part of the Software (or Manual).
1.20. This licence does not assign or transfer to you any IP in the Software (or Manual) and you agree not to assert or attempt to assert any IP right in or in connection with the Software (or Manual).
1.21. You do not have the right to sub-license, sell, rent, or distribute the Software (or the Manual), to release the Software on the internet or any other public communication network or otherwise make it available to any third party.
1.22. You must not:
(i) use the Software to develop copycat or functionally equivalent software or derivative software based on the IP embodied in the Software;
(ii) make the Software available to a third party for such unauthorised purposes; or
(iii) transfer or assign your rights under this licence to any other person.
1.23. Nothing in this licence is intended to exclude the application of the Copyright Act 1968 (Cth) where to do so would contravene the law or cause a provision of this license to be void. This licence shall be read accordingly.
7.Limitation of Liability
1.24. To the extent that the law permits, the Software is supplied to you 'as is' - it may have inherent defects or
deficiencies which cause interruptions, errors or downtime and Licensor does not provide any assurance that the Software is suitable for the Permitted Use or for any other purpose. Your use of the Software is at your own risk.
1.25. Licensor does not give any assurance that the Software does not infringe the IP of any person or that your use of the Software will not infringe the IP of any person.
1.26. All terms, conditions and warranties implied into this licence by common law or statute ('implied warranties') are excluded unless the exclusion of any such implied warranties would contravene the law orcause any part of this licence to be void.
1.27. Licensor's liability to you for breach of any term of this licence or of any implied warranties that cannot be lawfully excluded is limited, at Licensor's option, to replacing any goods, or supplying equivalent goods, or repairing the goods, or paying for their replacement or the cost of acquiring equivalent goods that the breach related to, or resupplying or paying the cost of resupplying services that the breach related to.
1.28. Licensor will not be liable to you for any indirect or consequential damage suffered by you in any way arising from your use of or inability to use the Software (including without limitation loss of data).
1.29. This Agreement may be terminated by Licensor at any time by Licensor giving you written notice if you are in a breach of this licence and that breach is not remedied within 30 days after written notice is provided.
1.30. Your licence to use the Software automatically terminates if you (as applicable):
1.30.1. cease to be a member of the Australian Research Council Network for Earth Systems Science (or its successor) (ARC Participant);
1.30.2. your enrolment with the ARC Participant through which you obtained the Software ends for any reason;
1.30.3. your employment with the ARC Participant through which you obtained the software ends for any reason.
1.31. On termination of this Agreement your licence to use the Software (and Manual) ceases and you must:
1.31.1. stop using the Software (and Manual);
1.31.2. return to Licensor or destroy (if requested by Licensor) all copies of the Software (and Manual)
in your possession; and
1.31.3. ensure that the Software (and Manual) has been permanently removed from the equipment on which it has been downloaded or stored.
1.32. This Agreement records our entire agreement and supersedes all earlier agreements and representations
that may have been made by Licensor to you about the Software (and Manual).
1.33.Any provision of this deed which is illegal, void or unenforceable will be ineffective to the extent only of
that illegality, voidness or unenforceability without invalidating the remaining provisions of this Agreement.
1.34. This Agreement is governed by the laws applicable in the State of Victoria, Australia.
1.35. You agree that Licensor may assign its rights in this Agreement to any other person or entity without notice to you.