1. Whole Agreement
This Agreement constitutes the whole agreement between the Crown in Right of Tasmania represented by the Department of Infrastructure, Energy and Resources ("Licensor") and the Licensee with respect to the Data, and supersedes any prior negotiations, agreement or understanding.
2. Warranty re Authority
If you are contracting on behalf of an organisation, You warrant that You are entitled to enter into the Agreement on behalf of the Licensee.
3. Grant of Licence
The Licensor grants to the Licensee a perpetual, revokable, non-exclusive, non-transferable licence ("the Licence"):
(a) to access and download the current version of the Data from this Website;
(b) to load, display, print and reproduce views obtained from the Data;
(c) to develop Derivative Product; and
(d) to distribute Derivative Product to End Users.
4. Use of Derivative Product by End Users
Where a Derivative Product is developed from the Data the Licensee must supply a copy of the Derivative Product and distribution information to the Licensor on request. All Derivative Products must display the following copyright statement:
"This product incorporates data that is copyright owned by the Crown in Right of Tasmania. The data has been used in the product with the permission of the Crown in Right of Tasmania. The Crown in Right of Tasmania and its employees and agents:
(a) give no warranty regarding the data's accuracy, completeness, currency or suitability for any particular purpose; and
(b) do not accept liability, howsoever arising, including but not limited to negligence, for any loss resulting from the use of or reliance upon the data.
LIMITED END USER LICENCE PROVIDED BY THE CROWN IN RIGHT OF TASMANIA: Provided that you retain this notice, you may use and reproduce the data incorporated in the product for your personal use or use within your organisation.
Contact the Crown in Right of Tasmania at
30 Gordons Hill Road
Tasmania 7018 Australia
Phone 03 6165 4800
Fax 03 6233 8338
to obtain a wider licence."
The Licensee must not use Data until the fee, if any described on this Website as being payable for the Data, has been paid to the Licensor.
6. Retention of Notices
The Licensee must not remove, obscure or interfere with any copyright, acknowledgement, attribution, trade mark, warning or disclaimer statement affixed to, incorporated in or otherwise applied in connection with the Data.
7. Intellectual Property
Intellectual Property in the Data is owned by the Licensor.
8. Disclaimer of Warranties
8.1 The Licensor does not warrant the accuracy, completeness, currency or suitability of the Data for any purpose.
8.2 The Licensor does not warrant that the Data when delivered or accessed will be capable of being processed on any equipment.
8.3 The Licensee acknowledges that the Data has not been prepared to meet the Licensee's individual requirements and that it is therefore the responsibility of the Licensee to ensure that the Data meets any such requirements.
8.4 To the extent permitted by law, the Licensor excludes all warranties in respect of the Data. In respect of any warranties that cannot be excluded by law, liability is limited, at the Licensor's option, to replacement of the Data, supply of equivalent data or refund of the licence fee, if any, paid by the Licensee to the Licensor.
9. Waiver of Rights of Recovery from the Licensor
The Licensee waives all rights to recover damages from the Licensor for any liability to the Licensee for all loss, damage or injury which may be suffered by the Licensee (including but not limited to damage attributable to a wrongful or negligent act or omission of the Licensor or damage to any of the Licensee's property or finances) arising from the use of the Data.
The Licensee indemnifies the Licensor against any loss, damage or legal liability in respect of:
(a) personal injury to, or death of, any person; or
(b) damage to property; or
(c) financial loss,
arising from the use of the Data to the extent that such damage or loss is attributable to a wrongful (including negligent) act or omission of the Licensee or the Licensee's employee, agent or sub-contractor.
This Licence will automatically terminate if the Licensee breaches this Agreement. The Licensor may also terminate this Agreement and the Licence by giving the Licensee 7 days notice in writing. After the end of this Agreement, the Licensee must immediately cease using the Data and erase all copies under its control. Accrued rights or remedies of either party are not affected by the termination of this Agreement.
Failure or neglect by either party to enforce at any time any of the provisions of this Agreement will not be construed or deemed to a wavier of that party's rights under this Agreement.
13. Applicable Law
This Agreement is governed by the law of the State of Tasmania, Australia and the parties submit to the jurisdiction of courts of Tasmania.
14.1 Subject to any other provision of this Agreement expressing a contrary intention, if GST is imposed on a supply made under it, then the party paying for the supply must pay the amount of the GST to the party making the supply, at the same time as, and in addition to, the amount payable for the supply.
14.2 A party making a taxable supply under this Agreement must give the recipient a tax invoice for the taxable supply when that supply is made.
14.3 In this clause "GST" refers to goods and services tax under A New Tax System (Goods and Services) Act 1999 ("GST Act") and the terms used have the meanings as defined in the GST Act.
In these Licence Conditions unless the contrary intention appears:
"Agreement" means this Agreement constituted by the Licensee's agreement to be bound by these Licence Conditions, these Licence Conditions and any Schedule hereto;
"Data" means the data posted on this Website which has been accessed by the Licensee;
"Derivative Product" means a distinct new product or products incorporating all or part of the Data;
"End User" means a third party who is supplied with the Data or a Derivative Product by the Licensee;
"Intellectual Property" means all copyright, patents, registered and unregistered trademarks, registered designs, trade secrets and know-how and all other intellectual property rights resulting from intellectual activity;
"Licence" means the licence specified in clause 3 of this Agreement;
"Licensee" means You, or the organisation (if any) on whose behalf You are taking the Licence;
"Licensor" will include employees authorised sub-contractors and agents of the Licensor;
"You" or "Your" refers to the natural person who accesses the Data using the procedures specified on this Website.