Australian Orchid Genera - an information and identification
system
Grant of licence
CSIRO Publishing (the Supplier) grants to you, the Licensee, a non-exclusive
licence to use the enclosed computer program known as:
Australian Orchid Genera - An identification and information system comprising:
- Lucid Player Plus Version 2.2 (Software) and,
- the orchid genera dataset, including any officially released updates to
dataset and images
(Product).
By using Australian Orchid Genera the Licensee will be deemed to have accepted
the following terms and conditions:
1. Use
a) The Licensee may only use Australian Orchid Genera on a single
terminal connected to a single computer and must not network Australian Orchid Genera 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 Australian
Orchid Genera on single user computers or a network of machines not exceeding
in number, the number of licensed copies of Australian Orchid Genera 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 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
Australian Orchid Genera 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 Australian Orchid Genera other than as provided
by this agreement. The Licensee must not distribute unauthorised copies of Australian
Orchid Genera.
4. Other Restrictions
The Licensee must not reproduce, format, disassemble, adapt, modify, decompile,
reverse engineer, translate, or improve Australian Orchid Genera.
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 Australian
Orchid Genera. 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 Australian Orchid Genera for use by the Licensee
and that the Licensee shall use Australian Orchid Genera 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 Australian Orchid Genera,
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 Australian Orchid Genera, 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 Australian Orchid Genera,
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.
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