IMPORTANT NOTICE

THIS IS A LEGAL AGREEMENT BETWEEN THE COMMONWEALTH OF AUSTRALIA, REPRESENTED BY THE OFFICE OF SPATIAL DATA MANAGEMENT ('OSDM') AND YOU OR THE ORGANISATION ON WHOSE BEHALF YOU ARE AUTHORISED TO ENTER THE LICENCE

READ THE TERMS AND CONDITIONS CAREFULLY. ONCE YOU REACH THE END OF THE TERMS AND CONDITIONS YOU WILL BE ASKED WHETHER YOU AGREE TO THEM.

IF YOU CLICK ON THE “I AGREE” BUTTON, YOU WILL HAVE ACCEPTED AND WILL BE BOUND BY THE TERMS AND CONDITIONS.

Terms and Conditions

1. Definitions

In this Licence, unless the contrary intention appears:

  1. “Licence” means this deed constituted by the Licensee Details and these Terms and Conditions;
  2. “Data” means any spatial dataset produced by the Commonwealth and listed in Schedule 1 to this deed;
  3. “Derivative Product” means a distinct product in which the Data is altered, abridged or supplemented, and/or which incorporates additional functionality;
  4. “End-user” means a third party to whom the Licensee (or any sublicensee) supplies the Data or a Derivative Product;
  5. “Intellectual Property” includes all copyright, and all rights in relation to registered and unregistered trademarks (including service marks), registered designs and confidential information (including trade secrets and know-how), and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields; and
  6. “Licensee” means you or the organisation named in the Licensee Details.
  7. “Custodian Agency” the agency responsible for the production of the dataset as specified in Schedule 1.
  8. “OSDM” means the Commonwealth of Australia, represented by the Office of Spatial Data Management.

2. Parties

This Licence constitutes a legal deed between OSDM and the Licensee.

3. Licensee details

The Licensee warrants that the Licensee Details provided are correct and complete. The Licensee must promptly notify OSDM of any changes to the Licensee Details, including changes to the contact email address provided.

4. Grant of licence

OSDM grants the Licensee a royalty-free, non-exclusive, non-transferable licence to:

  1. use, reproduce, adapt, modify, commercially exploit and communicate the Data (including by development and distribution of a Derivative Product); and
  2. sublicense the Licensee's right to use, reproduce, adapt, modify, commercially exploit and communicate the Data, subject to the terms of this Licence.

5. Access to data

The Licensee must access the Data, including any current updates to the Data, using a validated email address, or any other authentication procedure as notified by OSDM from time to time.

6. End-user notices

The Licensee must include a notice in the metadata supplied to End-users with the Data or Derivative Product, to make End-users aware that the Data was sourced from the Commonwealth and is used under licence and to disclose the nature of any modification the Licensee has made to the Data. The following copyright statement must be displayed with, attached to or embodied in (in a reasonably prominent manner) any Data or Derivative Product provided to an End-user:

  1. where the Data is provided in unaltered form:

    © Commonwealth of Australia [insert year in which the Data was published].
    The Commonwealth gives no warranty regarding the Data’s accuracy, completeness, currency or suitability for any particular purpose.

    Visit the OSDM web site (http://www.osdm.gov.au) to access the most current version of the Data.

  2. where a Derivative Product is provided, including any digital publication:

    This product (insert Derivative Product name) incorporates Data which is
    © Commonwealth of Australia [insert year in which the Data was published].

    The Data has been used in (insert Derivative Product name) with the permission of the Commonwealth. The Commonwealth has not evaluated the Data as altered and incorporated within (insert Derivative Product name), and therefore gives no warranty regarding its accuracy, completeness, currency or suitability for any particular purpose.

  3. where a Derivative Product is provided and is a simple publication (that is, one page or less, such as a map or a web page), but not including digital products, the Licensee may elect to use the following short form notice:

    This product (insert Derivative Product name) incorporates data which is
    © Commonwealth of Australia [insert the year in which the Data was published].

7. Retention of notices

Except as permitted by clause 6 the Licensee must not remove, obscure or interfere with any copyright statement, acknowledgment, attribution, trade mark, warning or disclaimer statement affixed to, incorporated in or otherwise applied in connection with the Data.

8. Records of distribution

The Licensee must maintain accurate records of:

  1. any sublicence granted under this deed;
  2. any Derivative Product produced from the Data; and
  3. the distribution of the Data or any Derivative Product to End-users

and provide such information to OSDM, or its nominee, upon its reasonable request.

9. Intellectual Property rights

The Licensee acknowledges that all Intellectual Property rights in the Data vest in the Commonwealth. All rights not expressly granted to the Licensee under the Licence are reserved.

10. Intellectual Property warranty

The Commonwealth will use its reasonable endeavours to ensure that the rights granted under this Licence do not infringe the Intellectual Property rights of any person. If the Intellectual Property rights of a person are so infringed the Commonwealth may amend the Data so that the infringement ends. If the Licensee becomes aware of any potential or actual infringement of third party Intellectual Property rights they must immediately notify OSDM.

11. Personal information

The Licensee agrees that OSDM may collect, retain and use personal information about the Licensee and you for all purposes related to this deed including, without limitation, providing such personal information to other Australian Government agencies.

The Data is not intended to include any personal information. However, if the Data does contain any personal information:

  1. the Licensee must advise OSDM as soon as the Licensee becomes aware of that fact; and
  2. the Licensee must not use or disclose that personal information in any way.

12. Responsibility for employees and agents

The Licensee must take all reasonable steps to ensure that any person given access to the Data on its behalf is aware of these Terms and Conditions and uses the Data only in accordance with the Licence.

13. Precautions

OSDM does not warrant the accuracy, completeness, currency or suitability of the Data for any purpose. The Licensee assumes responsibility for selection of the Data to achieve any intended results, and for its installation and use. The Licensee also assumes responsibility for the interpretation of any results obtained from use of the Data, and must exercise all appropriate precautions before placing reliance on those results. Specifically, any Data, or Derivative Product produced using Data, which is listed in the Schedule as being provided by:

  1. the Australian Hydrographic Service, including hydrographic Data, is not to be used for navigation purposes;
  2. Geoscience Australia, including elevation Data, is not guaranteed fit to be used for aviation purposes.

14. Product warranty

No warranties, express or implied, are given or offered for the Data except as provided in this clause 14. Where any statute implies into the Licence any condition or warranty, and that statute prohibits provisions excluding or modifying the application or exercise of, or liability under, such condition or warranty, such condition or warranty will be deemed to be included in the Licence. However, the Commonwealth’s liability for any breach of such statutory condition or warranty will be limited, at its option, to replacement of the Data, or payment of the cost of replacing the Data.

15. Release and indemnity

The Licensee releases and indemnifies OSDM, the Commonwealth and its employees and agents and third party data suppliers in respect of all claims, expenses, losses, damages and costs arising, directly or indirectly from:

  1. the Licensee's or any other person's (including, without limitation, any sublicensee’s) use of the Data supplied to the Licensee;
  2. any breach of this deed by the Licensee;
  3. any negligent act or omission or wilful misconduct of the Licensee in connection with this Licence.

This clause 15 survives the expiration or termination of this Licence.

16. Term

The Licence is granted for a period of 10 years from the date of acceptance of these Terms and Conditions.

17. Termination

  1. OSDM may, at any time, terminate the Licence, with immediate effect by giving notice to the Licensee if:
    1. the Licensee breaches these Terms and Conditions;
    2. the Licensee fails to provide written notice to OSDM within 60 days of any material change in the Licensee Details (including the contact email address provided);
    3. OSDM is unable to provide the Data, for whatever reason;
    4. the Licensee acts in a misleading or deceptive way in relation to the Data or OSDM;
    5. the Licensee undergoes a change of ownership or control.
  2. OSDM may, at any time, terminate the Licence, with immediate effect by giving 90 days notice to the other party.
  3. The Licensee may, at any time, terminate the Licence, with immediate effect by giving notice to OSDM.
  4. The Licence will automatically terminate if the Licensee ceases to carry on business or is dissolved.

18. Effect of termination

Termination will not affect any rights accrued by either Party under the Licence prior to termination. Upon termination the Licensee must immediately cease using the Data for any purpose whatsoever, and must erase all copies under its control, unless otherwise directed by [insert agency name]. It is understood that Licensee’s computer systems may be periodically backed up creating copies of all information resident in these systems. To the extent Licensee’s computer back-up procedures create a copy which includes Data, Licensee may retain such copy for the period it normally archives backed up computer records and the terms of this License pertaining to the sale, trade, or disclosure and the confidentiality of the Data shall survive and be applicable until the information on such back-up is destroyed.

19. Variation

OSDM may, at its discretion, vary the terms of this Licence by giving the Licensee 90 days written notice of the variation. Otherwise, no variation of the Licence will have any effect unless it is in writing and signed by both parties.

20. Notices

Any notice given under this Licence must be in writing and hand delivered, sent by prepaid post, facsimile or email to the recipients address specified in this Licence, (or as varied by notice in accordance with the terms of this Licence).

A notice given in accordance with this clause is taken to be received:

  1. if hand delivered, on delivery;
  2. if sent by post, 7 days after the date of posting;
  3. if sent by facsimile, when the sender's facsimile system generates a message confirming successful transmission; or
  4. if sent by email, 7 days after the date of sending.

21. Whole agreement

This Licence constitutes the whole agreement between the Parties with respect to the Data, and supersedes any prior negotiations, agreement or understanding.

22: Severance:

Any reading down or severance of a particular provision of the Licence does not affect the remaining provisions.

23. Waiver:

No forbearance, delay or indulgence by a Party in enforcing the provisions of the Licence will prejudice or restrict the rights of that Party, nor will waiver of those rights operate as a waiver of any subsequent breach.

24. Applicable Law

The Licence is governed by the law of the Australian Capital Territory and the Parties submit to the jurisdiction of courts of that Territory.

25. Application within the Commonwealth

Where the Licensee is an agency of the Commonwealth that is subject to the Financial Management and Accountability Act 1997, such that it is not permitted to enter into a binding legal agreement except as the Commonwealth, then the Licence will be read down as a mere arrangement.

Licensee details

  • Full name of Licensee
  • Title
  • First name
  • Family name
  • Address
  • Suburb/Locality
  • State
  • Postcode
  • Country
  • Telephone
  • Fax
  • Email
  • Sector
  • Industry

Licence Registration Number:

Dated:

If you have any questions about this Licence please address enquiries to the Office of Spatial Data Management, GPO Box 378, Canberra ACT 2601; or contact OSDM by phone on (02) 6249 9111, by fax at (02) 6249 9942, or by email at info@osdm.gov.au.

Schedule 1—Spatial datasets

Custodian agency Dataset name Year of publication
[Agency X] [Dataset Z] [Year yyyy]
... ... ...
... ... ...
... ... ...
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Version — 7 November 2005