Skip to content

Latest commit

 

History

History
62 lines (35 loc) · 7.82 KB

LICENSE.md

File metadata and controls

62 lines (35 loc) · 7.82 KB
Raw

Terms and Conditions for Access to and Use of CSIRO Environmental Modelling Suite (EMS) Software

IMPORTANT – PLEASE READ CAREFULLY

Your access to and use of the EMS software code on this site, and all associated libraries (“the Software”), is subject to the following terms of use.

BY USING THIS SOFTWARE YOU ARE ACCEPTING, AND WILL BE BOUND BY, THESE TERMS:

Registration

  1. Prior to accessing the Software, we recommend you register with CSIRO your name and email address on the CSIRO Coastal Environmental Modelling (CEM) website. We request you provide CSIRO with details relating to your intended use of the Software. After accessing and using the Software, we request you provide CSIRO with feedback relating to your use of the Software, including without limitation, publications arising using the Software, information as to whether the Software was of use to you and whether you had any problems with the Software. We request you respond to any follow-up enquiries from CSIRO regarding your use.

Privacy

  1. When accessing the web site hosting the Software (“Site”), a record of your visit may be logged. By accessing the Software you may also be required to submit other information, including personal information as defined in the Privacy Act 1988 (Cth), to CSIRO and other third parties over the Internet.

  2. CSIRO is required to treat your personal information in accordance with the Privacy Act 1988 (Cth). Any personal information CSIRO collects may be used for the purpose that you provide it for, and CSIRO may also use it as required for processing any enquiries, and providing you with further information, including in relation to our products or services. De-identified information may be used by CSIRO and our collaborators for the purpose of further research and development of the Software and other technologies. As part of the operation of the Site, other third party service providers may also have access to the information that CSIRO has collected.

  3. If you would like to obtain a copy of the personal information CSIRO holds, or correct any information, please contact us via the details on the CSIRO website or refer to the Privacy section on the CSIRO website.

Conditions for Use of Software and Disclaimer

  1. CSIRO grants you a licence to the Software on the following terms, except where otherwise indicated for third party material. Redistribution and use of this Software in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

  • Redistributions of source code must retain the copyright notice: Copyright (c) 2017 Commonwealth Scientific and Industrial Research Organisation (CSIRO) ABN 41 687 119 230. All rights reserved, this list of conditions and the following disclaimer.

  • Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

  • Neither the name of CSIRO nor the names of its contributors may be used to endorse or promote products derived from this Software without specific prior written permission of CSIRO.

DISCLAIMER:

EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS-IS". CSIRO MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE CONTENTS OR ACCURACY OF THE SOFTWARE, OR OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THE ABSENCE OF LATENT OR OTHER DEFECTS, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CSIRO BE LIABLE ON ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, IN AN ACTION FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE) FOR ANY CLAIM, LOSS, DAMAGES OR OTHER LIABILITY HOWSOEVER INCURRED. WITHOUT LIMITING THE SCOPE OF THE PREVIOUS SENTENCE THE EXCLUSION OF LIABILITY SHALL INCLUDE: LOSS OF PRODUCTION OR OPERATION TIME, LOSS, DAMAGE OR CORRUPTION OF DATA OR RECORDS; OR LOSS OF ANTICIPATED SAVINGS, OPPORTUNITY, REVENUE, PROFIT OR GOODWILL, OR OTHER ECONOMIC LOSS; OR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, ACCESS OF THE SOFTWARE OR ANY OTHER DEALINGS WITH THE SOFTWARE, EVEN IF CSIRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, LOSS, DAMAGES OR OTHER LIABILITY.

APPLICABLE LEGISLATION SUCH AS THE AUSTRALIAN CONSUMER LAW MAY APPLY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, OR IMPOSES OBLIGATIONS OR LIABILITY ON CSIRO THAT CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED TO THE FULL EXTENT SET OUT IN THE EXPRESS TERMS OF THIS CLAUSE ABOVE "CONSUMER GUARANTEES". TO THE EXTENT THAT SUCH CONSUMER GUARANTEES CONTINUE TO APPLY, THEN TO THE FULL EXTENT PERMITTED BY THE APPLICABLE LEGISLATION, THE LIABILITY OF CSIRO UNDER THE RELEVANT CONSUMER GUARANTEE IS LIMITED (WHERE PERMITTED AT CSIRO’S OPTION) TO ONE OF FOLLOWING REMEDIES OR SUBSTANTIALLY EQUIVALENT REMEDIES:

(i) THE REPLACEMENT OF THE SOFTWARE, THE SUPPLY OF EQUIVALENT SOFTWARE, OR SUPPLYING RELEVANT SERVICES AGAIN;
(ii) THE REPAIR OF THE SOFTWARE;
(iii) THE PAYMENT OF THE COST OF REPLACING THE SOFTWARE, OF ACQUIRING EQUIVALENT SOFTWARE, HAVING THE RELEVANT SERVICES SUPPLIED AGAIN, OR HAVING THE SOFTWARE REPAIRED.

IN THIS CLAUSE, CSIRO INCLUDES ANY THIRD PARTY AUTHOR OR OWNER OF ANY PART OF THE SOFTWARE OR MATERIAL DISTRIBUTED WITH IT. CSIRO MAY ENFORCE ANY RIGHTS ON BEHALF OF THE RELEVANT THIRD PARTY.

No warranty or further obligations

  1. Without limiting the disclaimer set out in clause 5:

  • CSIRO does not warrant that use of the Software will not infringe any third party rights.

  • CSIRO makes no warranty to representation that the Software is free of bugs or inherent defects or deficiencies which cause interruptions errors or downtime nor is CSIRO under any obligation to release bug fixes or any improvements or further releases of the Software, other than as may be required under clause 5. If CSIRO does make improvements then it may in its discretion supply them on this Site in which case those improvements are subject to these terms and conditions.

  • CSIRO does not provide any assurance that the Software and its outputs or any derivatives are suitable for any use or purpose. You are responsible for ensuring the Software (and outputs or derivatives) is suitable for your own use or purpose, including compatibility with your computer programs or equipment as applicable. Any use of the Software (and outputs or derivatives) is at your own risk.

Dispute and Governing Law

  1. If there is a dispute between CSIRO and you which concerns these terms and conditions, each party must negotiate in good faith to resolve the dispute. Any dispute that cannot be resolved 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.

  2. These terms and conditions record the entire agreement between CSIRO and you and supersedes all earlier agreements and representations by either party about its subject matter.

  3. If part or all of any clause of these terms and conditions is illegal or unenforceable it will be severed from this agreement and will not affect the continued operation of the remaining clauses.

  4. These terms and conditions are governed by the laws of Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the courts of that State in relation to any proceedings under or relating to them.