CarpSim2.0 - Licence Terms
© Department of Primary Industries, Victoria Pty Ltd – 2008
The data and software comprised herein are protected by copyright law. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth), no part of the data or software may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Inquiries should be addressed to Agriculture Victoria Services Pty Ltd.
Permission to use CarpSim2.0 (comprising the software, the data which it manipulates, and any related documentation) (the “Software”) is conditional on you agreeing to the Licence Terms.
To use the Software you will agree to be bound by the Licence Terms which are set out below. Use by you of the Software and access to the Software will be denied if you do not agree to be bound by the Licence Terms (listed below).
Please read fully, the licence terms and restrictions set out below and If you agree to be bound by the Licence Terms and Restrictions select agree to install the software. If you do not agree to be bound by the Licence Terms and Restrictions select disagree, and the software will not be installed.
Licence Terms
Whilst Department of Primary Industries, Victoria Pty Ltd (“DPI”) has taken care to ensure that the Software functions correctly, DPI makes no representation in relation to the Software and the end user uses the Software entirely at the end user’s risk. DPI assumes and will have no liability in respect of the accuracy, completeness or fitness for purpose of the Software, or any model created by the Software using data supplied by you or by any third party.
Your use of the Software is also subject to the terms and conditions of any agreement entered between DPI and you concerning or related to your use of the Software.
Licence: Subject to any agreement to the contrary between DPI and you, the Software is provided to you on the basis of a non-exclusive and non-transferable licence for your own personal use only on a single computer accessible by only one user at a time. The licence commences on your agreement to these Licence Terms and continues perpetually unless terminated by notice from DPI if you breach these Licence Terms or become subject to any form of insolvency administration.
Licence Restrictions: Subject to any agreement to the contrary between DPI and you, you will not:
- sell, loan, rent, transfer or sub-licence the Software, or your rights under these Licence Terms, without the prior written consent of DPI;
- use the Software, without the express written permission of DPI, for any third party’s benefit by way of a service bureau or otherwise;
- allow access to the Software by multiple users at any one time through networking arrangements or otherwise; or
- use the Software, without the express written permission of DPI, other than for your own personal use and in accordance with the Licence Terms.
To protect DPI’s intellectual property rights in the Software, you will not allow or cause a third party to decompile, disassemble, reverse engineer, copy or modify the Software or use the whole or any part of the Software to assist in the development of a similar or competitive product or otherwise use the Software except as provided in these Licence Terms or in subsection 47B(3) or section 47C, 47D, 47E or 47F of the Copyright Act 1968 (Cth) (Available at http://scaleplus.law.gov.au (external link)).
You will take appropriate measures to prevent unauthorised use or access to the Software.
Disclaimer
To the extent permitted by law, DPI excludes all warranties and representations relating to the Software. Nothing in these Licence Terms will exclude, restrict or modify any condition, warranty, right or remedy implied or imposed by any statute or regulation to the extent that it cannot be lawfully excluded, restricted or modified. If any condition or warranty is implied into this licence under a statute or regulation and cannot be excluded, the liability of DPI for a breach of the condition or warranty will be limited to the replacement of the product or the supply of the services again. Except to that extent, DPI will not be liable in contract or in tort (including negligence) or otherwise for any loss or damage (including indirect or consequential loss or damage) however caused, which may be suffered, or incurred or which may arise directly or indirectly in respect of the use of, or inability to use, the Software.
The Software is provided to you “as is” for you to use at your own risk. The State of Victoria through its Department of Primary Industries (“DPI”) makes no warranties of any kind in relation to the Software. In particular DPI makes no warranty that the Software is complete, accurate or free from defects.
DPI has no obligation to provide you with any support, updates, revisions, new versions or modifications, consulting, training or assistance of any kind with regard to your use or the operation and performance of the Software.
The Software is a combination of original work by DPI employees and components of third party software (“TP Components”).
DPI has sourced the TP Components for incorporation into the Software on the basis that the original authors of the TP Components (“Authors”) are released from liability for any loss resulting from their use.
Your use of the Software means you accept the above and that you release DPI and the Authors from any loss you suffer through your use of the Software, whether that loss is caused by the Software generally or by any or all of the TP Components in particular.
If you agree to be bound by the Licence Terms go ahead and download CarpSim2.0.
© The State of Victoria, 1996 - 2008.
This document was last reviewed on 08/10/2008