‘Data’ means the data and other information (in whatever form or manner it is expressed) made available to you under this licence as at the date it is accessed by you, but does not include any inventions, patents, design rights or trademarks of CSIRO or any other person or any computer programs used in the making or operation of a database.
‘you/user’ means you as Data user.
2. Grant of licence
2.1 CSIRO grants you a royalty-free, non-exclusive, non-transferable licence to use the Data solely for your non commercial purposes. For the purposes of this licence, “commercial purpose” means to sell, hire, exchange or otherwise use or exploit the Data (whether in its original or any adapted form, or incorporated in or used in the provision of any products or services) for profit or gain.
2.2 The rights granted under this licence are personal to the user and are not sub-licensable or capable of assignment. You may not distribute the Data to any other person nor attempt to obtain patent coverage on or assert any other intellectual property rights over the Data. Notwithstanding the foregoing, you may create and distribute hardcopy products and non-editable digital images (eg: pdf files) based on or containing the Data, provided they are distributed at no charge and revenue is not generated to offset any free distribution (eg. advertising/sponsorship).
2.3 You must comply with any protocols concerning the attribution of rights in the Data. However, without limiting the obligation that the Data be used for non-commercial purposes only, you must not represent that CSIRO takes responsibility for the accuracy or correctness of the Data or any output of any application of the Data (including any prediction or the output of any modelling), or that CSIRO supports or endorses your use of the Data or any products derived or conclusions or predictions drawn from the Data.
Where you breach a term of this licence it terminates immediately.
3. Disclaimer/No warranties
3.1 You acknowledge that the Data may have inherent defects or deficiencies and that any use you make of it is at your own risk. To the maximum extent permitted by law, the Data is provided ‘as is’ and CSIRO makes no express or implied representation or warranty concerning the fitness for any purpose, accuracy, currency and reliability of the Data, nor that its use will not infringe any third party rights. Any use and/or interpretation of the Data is done so entirely at the user’s own risk and you accept all risk and responsibility for any losses, damages, costs and other consequences arising from use of the Data or any defect in the Data.
3.2 If you are a consumer under the Australian Consumer Law, certain guarantees and rights may be conferred on you which cannot be excluded, restricted or modified. If so, then to the maximum extent permitted by law, you agree that CSIRO’s liability under those or any similarly non-excludable guarantees, warranties or rights is limited, at CSIRO’s option, to resupply of the relevant goods or resupply of the relevant services, or the payment of the cost of resupplying the relevant goods or services.
You indemnify and release CSIRO against all claims, demands, suits, liability, loss or expense arising directly or indirectly from:
(a) your use of the Data;
(b) third party use of any Data or other products derived from the Data; and
(c) any breach of this Agreement by you.
5.1 Entire Agreement. This licence constitutes the entire agreement between us. CSIRO is not bound by any additional provisions that may appear in any communication from you.
5.2 Variations to be in writing. This licence may not be varied except in writing between us.
5.3 Governing Law. This licence will be governed by the laws in force in the Australian Capital Territory, Australia.
5.5 Authority. Where you enter this licence on behalf of an entity or organisation, you warrant that you have authority to do so.
5.6 Disputes. If there is a dispute between us that cannot be resolved then the matter must be referred to the Australian Commercial Disputes Centre for arbitration in accordance with the Centre’s Guidelines on Arbitration. The decision of the arbitrator (including any award as to costs) will be final and binding.