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EUCLID Second Edition
Eucalypts of Southern
Australia
Grant of licence
CSIRO Publishing (the
Supplier) grants to you, the Licensee, a non-exclusive licence to
use the enclosed computer program known as:
EUCLID Second Edition
- Eucalypts of Southern Australia (EUCLID) comprising:
- Lucid Player Plus Version 2.2 (Software) and,
- the EUCLID dataset & images (Product).
By using EUCLID the Licensee
will be deemed to have accepted the following terms and conditions:
1. Use
a) The Licensee may only
use EUCLID on a single terminal connected to a single computer and
must not network EUCLID or otherwise use it on more than one computer
terminal at a time unless the following option has been purchased.
b) Where multiple licensed
copies are purchased, the Licensee may install EUCLID on single
user computers or a network of machines not exceeding in number,
the number of licensed copies of EUCLID purchased.
2. Copyright
Copyright in the Software
is and remains the property of the University of Queensland.
Copyright in the Product
is and remains the property of the Director of National Parks and
Wildlife and the Commonwealth Scientific and Industrial Research
Organisation through its Division of Plant Industry which together
comprise the Centre for Plant Biodiversity Research (CPBR).
3. Transfer Restrictions
EUCLID is licensed only
to you, the Licensee and may not be transferred to anyone without
the prior written consent of the Supplier. In no event shall the
Licensee transfer, assign, rent, sell, lease, sublicence or otherwise
deal with EUCLID other than as provided by this agreement. The Licensee
must not distribute unauthorised copies of EUCLID.
4. Other Restrictions
The Licensee must not
reproduce, format, disassemble, adapt, modify, decompile, reverse
engineer, translate, or improve EUCLID.
5. No Warranty as
to Results
The Supplier does not
warrant or make any promise, representation or undertaking regarding
the use of, or reliance upon the results of the use of EUCLID. In
particular, the Supplier does not warrant or represent that any
results will be correct accurate or reliable. The Licensee acknowledges
that the Licensee has relied upon the Licensee's own skill and judgement
in deciding to acquire EUCLID for use by the Licensee and that the
Licensee shall use EUCLID at the Licensee's own risk.
6. Consumer Warranties
(a) The Trade Practices
Act 1974 and corresponding legislation in other jurisdictions in
certain circumstances imply mandatory conditions and warranties
into agreements (Consumer Warranties). This clause does not exclude
or limit the application of any Consumer Warranties or other warranties
where to do so:
(i) would contravene the law of the relevant jurisdiction; or
(ii) cause any part of this clause to be void.
(b) The Supplier excludes
all terms, conditions and warranties implied by custom, the general
law or statute except any Consumer Warranties.
(c) The Supplier's liability
to the Licensee for breach of any Consumer Warranty is limited,
at the Supplier's option, to:
(i) for services:
(1) providing those services again; or
(2) paying the cost of having those services provided again;
(ii) for goods:
(1) replacing the goods that breach the warranty; or
(2) paying the cost of replacing the goods that breach the warranty.
7. Liability
(a) The Licensee acknowledges
that no promise, representation, warranty or undertaking has been
made or given by Supplier in relation to the profitability of or
any other consequences or benefits to be obtained from the delivery,
use of or reliance upon the results of the use of EUCLID, disks
or accompanying written materials or as to its merchantability or
its fitness for any purpose.
(b) Except and to the
extent provided in this Licence Agreement, under no circumstances
shall the Supplier be liable for any injury to person or damage
to property or for any financial loss whether direct or consequential
(including without limitation any loss of profits) arising from
the supply or use of and/or reliance upon the results of the use
of EUCLID, disks and accompanying written materials.
8. Entire Agreement
This Licence Agreement constitutes the entire agreement between
the Supplier and the Licensee in relation to the supply of EUCLID,
disks and accompanying written materials.
9. Governing Law
This Licence Agreement
is governed by the laws of the State of Victoria, Australia.
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