Burnley Plant Guide - End user licence agreement

BY USING THE BURNLEY PLANT GUIDE, and associated source code, software, function libraries, applications, user manuals and documentation (BURNLEY PLANT GUIDE), YOU (AS AN INDIVIDUAL USING THE BURNLEY PLANT GUIDE AND ANY SINGLE LEGAL ENTITY FOR WHICH YOU REPRESENT) (YOU) ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH THE UNIVERSITY OF MELBOURNE (UNIVERSITY). IN CONSIDERATION OF YOU USING THE BURNLEY PLANT GUIDE, YOU AGREE TO BE BOUND BY, AND TO ABIDE BY, THESE TERMS AND CONDITIONS.

1. Licence. Subject to You complying with this agreement and paying the applicable licence fees in accordance with clause 5, the University will issue You with a product serial key (Product Key) and grants to You a limited, non-exclusive, non-transferable, revocable licence (excluding any right of sub-licence) to use the BURNLEY PLANT GUIDE:

(a) in a manner consistent with its design and documentation;

(b) for research and commercial purposes;

(c) on two computers owned by You and located within Your premises; and

(d) for one year after the date the Product Key is activated on the BURNLEY PLANT GUIDE

(Licence).

2. Restrictions on use. You agree to only use the BURNLEY PLANT GUIDE in accordance with these terms and applicable laws. Without limiting the previous sentence, You must not, without the University's prior written agreement:

(a) print, copy or reproduce the BURNLEY PLANT GUIDE by any means or in any form (except to the extent permitted by Division 4A of Part III of the Copyright Act 1968 (Cth));

(b) give, lease, assign, license, sub-license, transfer, distribute, disclose, release or disseminate the BURNLEY PLANT GUIDE in any form to any other person (or purport to do so);

(c) modify, adapt, alter, reverse engineer or decompile, or create derivative works or functionally equivalent software from, the BURNLEY PLANT GUIDE (except to the extent permitted by Division 4A of Part III of the Copyright Act 1968 (Cth));

(d) alter, change, remove or obscure any notices or other indications (including copyright notices) as to the ownership of the BURNLEY PLANT GUIDE; or

(e) publicly release the BURNLEY PLANT GUIDE, or incorporate the BURNLEY PLANT GUIDE into any product to be made publicly or commercially available. 

3. Ownership. You acknowledge and agree that the University is the sole owner of the BURNLEY PLANT GUIDE and, all intellectual property rights subsisting in the BURNLEY PLANT GUIDE, and that the Licence does not transfer or assign to You (or any other person) any copyright or other intellectual property rights subsisting in the BURNLEY PLANT GUIDE. You further acknowledge and agree that the University will own any and all modifications, adaptations and alterations to the BURNLEY PLANT GUIDE, or derivative works or functionally equivalent software created from the BURNLEY PLANT GUIDE and that You assign to the University all copyright (including future copyright) and other intellectual property rights subsisting in any such modifications, adaptations, alterations, derivative works or functionally equivalent software to the University created by You, irrespective of whether the University's prior written agreement was obtained.

4. Disclaimers. The BURNLEY PLANT GUIDE is licensed to You on an "as is" basis and without any representation as to functionality, performance, suitability or fitness for purpose. You acknowledge and agree that, to the extent permitted under law, and subject to clause 6, the University makes no representations, warranties or guarantees:

(a) in relation to the functionality, performance, availability, suitability, continuity, reliability, accuracy, currency or security of the BURNLEY PLANT GUIDE; or

(b) that the BURNLEY PLANT GUIDE is free from computer viruses or any other defect or error which may affect Your software or systems or third party software or systems.

You further acknowledge and agree that the University has no obligation to (and makes no representation that it will) maintain or update, or correct any errors or defects in, the BURNLEY PLANT GUIDE. 

5. Payment. The applicable licence fee for the Licence, as displayed on the payment page, must be paid in full prior to You using the BURNLEY PLANT GUIDE. The licence fee is in Australian dollars and is inclusive of taxes, including GST, where applicable. If payment of the licence fee is not received by the University for any reason (including from your credit card issuer or its agents), You agree to pay the University the amount of the licence fee due on demand. You are not entitled to a refund of the amount of any licence fee paid to the University for any reason, except as required under clause 6 or at the University's discretion.

6. Consumer guarantees. To the extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on the University are excluded under these terms. However, if a supply under these terms and conditions is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time), nothing contained in these terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits the University to limit its liability, then the University's liability is limited to (at its option):

(a) in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and

(b) in the case of software or other goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

7. Exclusion of liability. Subject to clause 6 and to the extent permitted by law, the University excludes liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses (including, without limitation, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data or loss of anticipated savings or benefits), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by any person in connection with the BURNLEY PLANT GUIDE (including Your use of the BURNLEY PLANT GUIDE).

8. Indemnity. You indemnify the University (and its subsidiaries, employees and agents) against all loss, actions, proceedings, costs and expenses (including legal fees), claims and damages of any kind whatsoever caused directly or indirectly by, or arising directly or indirectly out of or in connection with, Your use of the BURNLEY PLANT GUIDE or any breach by You of these terms.

9. Termination. Without prejudice to any other rights or remedies that the University may have against You under the agreement formed by these terms or at law, if You breach any of these terms, the University may, by giving You written notice, terminate this agreement without any liability to You. The termination of this agreement will result in the immediate and automatic revocation of the Licence. If the University terminates this agreement (and revokes the Licence), You must immediately cease using the BURNLEY PLANT GUIDE and (at the University's option) delete or otherwise destroy all copies of the BURNLEY PLANT GUIDE in Your possession.

10. General. These terms constitute the entire agreement between You and the University in relation to their subject matter and supersede and cancel all prior understandings, negotiations and agreements in connection with that subject matter, and may only be varied by a written agreement between You and the University. If any of provision of these terms is invalid or unenforceable, it may be severed from these terms and the remaining provisions of these terms continue in force. These terms are governed by the laws in force in Victoria, Australia, and You unconditionally submit to the exclusive jurisdiction of the courts of Victoria, Australia.

11. Privacy. The collection of personal information by the University of Melbourne (University) is governed by the Privacy and Data Protection Act 2014 (Vic) and Health Records Act 2000 (Vic). The University is also considered to be a data controller for the purposes of the EU General Data Protection Regulation 2016/679 (GDPR) in relation to the collection of personal information from individuals located in the EU. Please refer to our Privacy Policy and our Privacy webpage for information about how we handle personal information.

You acknowledge and accept that the University will collect and store Your personal information provided by You when You use the BURNLEY PLANT GUIDE. The primary purpose of collecting Your personal information is to verify your identity, and to facilitate your usage of the BURNLEY PLANT GUIDE.

The University will take all reasonable steps to ensure that the personal information it holds is accurate and complete and that it is protected from misuse, loss, unauthorised access or disclosure.

The University will take all reasonable steps to ensure that the personal information it holds is accurate and complete and that it is protected from misuse, loss, unauthorised access or disclosure. If you would like to access the personal information that the University holds about you, have any questions in relation to this clause or have a complaint, you can contact University’s Privacy Officer at privacy-officer@unimelb.edu.au.