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LICENCE CONDITIONS COVERING
LANDSAT DATA AND DATA PRODUCTS
SUPPLIED BY ACRES
SALE TO THE PURCHASER
The Licensed Data and/or the Licensed Data Products are sold to you ("The Purchaser") either by or on behalf of the Australian Centre for Remote Sensing ("ACRES"), a unit within Geoscience Australia, Department of Resources, Energy and Tourism, or by the Distributor as principal and authorised sub-licensor subject to these Licence Conditions.
The Licence Conditions constitute the whole agreement between the Commonwealth of Australia (represented by ACRES) and you, the Purchaser, with respect to the licensing, of the Data or Data Products, and supersede any prior negotiations, agreement or understanding in relation to such licensing. No variation of the Licence Conditions shall be of any force or effect unless it is in writing signed by both parties.
DEFINITIONS
In these Conditions, unless the contrary intention appears:
"Commonwealth" means the Commonwealth of Australia as represented by ACRES, Geoscience Australia.
"Data" means signals transmitted by the LANDSAT 7 ETM+, TM and MSS Sensors which have been converted into digital or photographic form.
"Data Products" means products created by processing Data.
"Distributor" means a distributor appointed by the Commonwealth from time to time.
"Licensed Data" means the particular satellite Data the subject of the agreement incorporating these Conditions.
"Licensed Data Products" means the particular Data Products the subject of the agreement incorporating these Conditions.
"Satellite Operator" means the United States Geological Survey (USGS).
LICENCE FOR LANDSAT DATA
Where the agreement incorporating these Conditions involves the purchase of LANDSAT data the following licence conditions shall apply in respect of those items.
The Commonwealth grants to the Purchaser a non-exclusive, licence to use, display, reproduce and adapt the Licensed Data or Licensed Data Product and to make a Derived Product, subject to these licence conditions.
The Purchaser acknowledges that the Licensed Data or Licensed Data Product is a special, unique and valuable product in which the copyright and other applicable intellectual property rights vest in the Commonwealth of Australia.
The Purchaser shall not remove, obscure or interfere with any copyright notice or trademark notice affixed to, incorporated in or otherwise applied in connection with the Licensed Data or Licensed Data Product as supplied to it. In addition, the Purchaser undertakes to reproduce in similar fashion any such notice in connection with any copy of the Licensed Data or a Derived Product made by the Purchaser.
Purchasers are entitled to copy and distribute Landsat ETM+, TM and MSS Data. However, any reproduction of the data must be accompanied by the following notice:
"Copyright ACRES, Geoscience Australia"
This Licence may be terminated immediately by notice in writing to the Purchaser for breach of any of these Licence Conditions.
In the event of termination the Purchaser undertakes to return to ACRES on behalf of the Commonwealth all copies of the Licensed Data, and any derived products made by the Purchaser.
WARRANTY
If the Licensed Data or the Licensed Data Product is found significantly defective and is returned to the Commonwealth with proof of purchase, specifying details of the defect, within thirty days of delivery to the Purchaser, the Commonwealth may either:
- replace the Licensed Data or the Licensed Data Product, or
- refund the price paid by the Purchaser for the Licensed Data or the Licensed Data Product.
The Commonwealth does not provide this warranty where the Licensed Data or Licensed Data Products are provided through a Distributor from the Distributor´s archive or the ACRES archive created and maintained by the Distributor.
LIABILITY UNDER STATUTE
No conditions or warranties, either express or implied, are given or offered for the Licensed Data or the Licensed Data Products except as follows, or as otherwise set out in these Licence Conditions. Where any statute implies into this agreement 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 shall be deemed to be included in this agreement but the Commonwealth´s liability for any breach of such condition or warranty shall be limited, at its option, to any one or more of the following:
i. the replacement of the goods or the supply of equivalent goods/services (as the case may be);
ii. the repair of such goods;
iii the payment of the cost of replacing the goods or of acquiring equivalent goods/services (as the case may be).
The Commonwealth does not warrant the suitability of the Licensed Data or the Licensed Data Products for any purpose. The Purchaser releases the Commonwealth and the United States Government ("the Providers") from any and all liability for loss, damage or injury which may be suffered by it arising from use of the Licensed Data or Licensed Data Products, or the negligent provision of the Licensed Data and Licensed Data Products by the Providers, and the Purchaser indemnifies the Commonwealth in respect of any liability for loss, damage or injury which may be suffered by any person arising from use of the Licensed Data or Licensed Data Products, or negligent provision of the Licensed Data or Licensed Data Products by the Providers.
APPLICABLE LAW
These Licence Conditions shall be construed in accordance with the law of the Australian Capital Territory and the parties submit to the jurisdiction of courts of that Territory.
FORCE MAJEURE
The Commonwealth shall be under no liability whatsoever to the Purchaser for any failure to deliver the Data or any delay in delivery of the Data by reason of any event outside the reasonable control of the Commonwealth including but not limited to the expiry of agreements with satellite owners or the failure for any reason to conclude agreements or memoranda of understanding with satellite owners.
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