Note to agencies: The following two notices should be displayed on the cover of the Packaged CD Product containing the Data and the licence should appear once the CD is first loaded. The user should be required to click acceptance of the licence terms before being able to access the remainder of the content of the CD. This will maximise the prospect of the licence being legally enforceable.

Licence agreement

Use of this CD is subject to a licence agreement, the full terms of which are contained in this package. By opening and using the CD, you indicate your agreement to the terms of the licence. In the event that you do not agree with any of the terms of the licence agreement, you must refrain from using the CD and return it to the place of purchase within 7 days of purchase to obtain a full refund.

The licence granted under, and subject to, the licence Agreement is a royalty-free, non-exclusive, non-transferable licence to use, reproduce, adapt, modify, communicate and commercially exploit the Data.

Copyright notice and disclaimer

© Commonwealth of Australia ( [insert agency name] ) [add year].

The Commonwealth gives no warranty regarding the Data’s accuracy, completeness, currency or suitability for any particular purpose. The Commonwealth’s liability for breach of any statutory warranty is limited to replacement of the Data, supply of equivalent data, or refund of the purchase price. The Commonwealth disclaims all other liability for any loss, damage, expense and cost incurred by any person as a result of relying on the information and Data in the CD.

User registration card—Licensee details

An agency may seek to collect all or any of the following information about users by a method of its choosing. This version of the Licence does not require collection of these Licensee Details.

  • Full name of Licensee
  • ACN or ABN (if applicable)
  • Street address
  • Suburb/Locality
  • State
  • Postcode
  • Country
  • Your contact details
    • Title
    • First name
    • Family name
    • Email

IMPORTANT NOTICE

THIS IS A LEGAL AGREEMENT BETWEEN THE COMMONWEALTH OF AUSTRALIA , REPRESENTED BY [INSERT AGENCY NAME] AND YOU OR THE ORGANISATION ON WHOSE BEHALF YOU ARE AUTHORISED TO ENTER THE LICENCE.

BY OPENING THE PACKAGED PRODUCT AND USING THE CD, YOU AGREE TO ACCEPT THE FOLLOWING TERMS & CONDITIONS. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS YOU MUST REFRAIN FROM USING THE CD AND RETURN IT TO THE PLACE OF PURCHASE WITHIN 7 DAYS OF PURCHASE TO OBTAIN A FULL REFUND.

Terms and Conditions

1. Definitions

In this Licence, unless the contrary intention appears:

  1. “Data” means any spatial dataset produced by [insert agency name] and listed in the Schedule;
  2. “Derivative Product” means a distinct product in which the Data is altered, abridged or supplemented, and/or which incorporates additional functionality;
  3. “End-user” means a third party to whom the Licensee (or any sublicensee) supplies the Data or a Derivative Product;
  4. “Fee” means the amount (inclusive of GST) payable to [insert agency name] for the Packaged Product, as determined in accordance with the Commonwealth Spatial Data Access and Pricing Policy (available from http://www.osdm.gov.au/ or by contacting the [insert agency name] shopfront);
  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;
  6. “Licence” means this agreement;
  7. “Licensee” means you or the organisation named in the Licensee Details; and
  8. “Packaged Product” means the package containing the CD-ROM on which the Data is recorded.

2. Parties

This Licence constitutes a legal agreement between [insert agency name] and the Licensee.

3. Payment

The Licensee [insert agency name] must pay the Fee as consideration for the Packaged Product.

4. Grant of licence

[insert agency name] 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. 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 agency name] ) [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 [insert name of relevant web site] web site ( [insert relevant web site address] ) to access the most current version of the Data.

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

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

6. Retention of notices

Except as permitted by clause 5 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 Packaged Product or Data.

7. Records of distribution

The Licensee must maintain accurate records of:

  1. any sublicence granted under this agreement;
  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 [insert agency name] , or its nominee, upon its reasonable request.

8. 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.

9. 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 Packaged Product and/or 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 [insert agency name].

10. Personal Information

The Licensee agrees that [insert agency name] may collect, retain and use personal information about the Licensee and you for all purposes related to this agreement 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 [insert agency name] 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.

11. 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.

12. Precautions

[insert agency name] does not warrant the accuracy, completeness, currency or suitability of the Packaged Product or Data for any purpose. The Licensee assumes responsibility for selection of the Packaged Product or 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 .

13. Product Warranty

No warranties, express or implied, are given or offered for the Packaged Product or Data except as provided in this clause 13. 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 Packaged Product, supply of an equivalent packaged product or refund of the Fee paid by the Licensee for the Packaged Product.

14. Release and Indemnity

The Licensee releases and indemnifies [insert agency name], 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 Packaged Product or Data supplied to the Licensee;
  2. any breach of this Licence by the Licensee;
  3. any negligent act or omission or wilful misconduct of the Licensee in connection with this Licence.

This clause 14 survives the expiration or termination of this Licence.

15. Term

The Licence is granted for a period of 10 years from the date of purchase of the Packaged Product.

16. Termination

  1. [insert agency name] 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 acts in a misleading or deceptive way in relation to the Packaged Product, Data or [insert agency name];
    3. the Licensee undergoes a change of ownership or control.
  2. [insert agency name] 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 [insert agency name].
  4. The Licence will automatically terminate if the Licensee ceases to carry on business or is dissolved.

17. 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 Packaged Product and 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.

18. Variation

[insert agency name] 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.

19. 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.

20. Whole agreement

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

21. Severance

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

22. 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.

23. 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.

24. 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.

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