EUCLID Third Edition
Eucalypts of 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 Third Edition - Eucalypts of Australia (EUCLID) comprising:
- Lucid Player Plus Version 2.2 (Software) and,
- the EUCLID dataset, including any officially released updates to datasets and images (Product).
By using EUCLID the Licensee will be deemed to have accepted the following terms and conditions:
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.
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 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.
(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, including disks or accompanying written or web-based 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, including disks and accompanying written or web-based 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 or web-based materials.
9. Governing Law
This Licence Agreement is governed by the laws of the State of Victoria, Australia.