GTEM License agreement
GTEM — Global trade and environment model
Terms of a licence concerning the software program known as 'GTEM' (the Program) from the Australian Bureau of Agricultural and Resource Economics and Sciences ('ABARES') important notes.
The Program is intended for Use only by people who have professional knowledge and expertise in the field of economic modelling.
Do not use or disclose ('Use') GTEM or any part of it (the 'Program') until you have read and agreed to the 'Licence', which consists of these terms.
In this Licence, 'User' means you, or, if the Purpose is connected with your employment duties, your employer. The Program includes any copy, reproduction, modification, derivative or adaptation of the whole or any part of the Program made or authorised by or for the User or any other party.
If the User intends to Use the Program for anything other than the Purpose (as defined below in these terms), then this Licence must not be used to acquire the Program — proceed to the bottom of this Licence and select the 'Decline' button.
If the User requires further information about the Program, then the User should contact ABARES, +61 2 6272 2058.
ABARES offers the User a non-exclusive licence to Use the Program in accordance with this Licence ('Offer').
The User acknowledges and agrees that:
(a) this Licence does not include any express or implied right to sub-license the Program;
(b) the Program is provided to the User for information only;
(c) subject to this Licence, the User May Use the Program only for the User's internal research, or, if the User is an individual, the User's personal research ('Purpose');
(d) the User assumes sole risk and responsibility for any Use of the Program; and
(e) the User must not Use the Program directly or indirectly for any commercial purpose, including, but not limited to, consultancy, distribution, sale, lease, hire or other exploitation.
Nothing in this Licence affects any party's ownership of any rights, including copyright, in the Program.
Warranty and Disclaimer
To the full extent allowed by the applicable law ABARES excludes from this Licence all warranties, express or implied, including any warranty of fitness of the Program for any purpose. If ABARES breaches any warranty that, by the applicable law, cannot be excluded, then ABARES' sole liability to the User for that breach will be, at its choice, to resupply the Program without additional charge to the User or refund the Fee.
ABARES does not warrant or make any representations:
(a) that the Program is complete, accurate, reliable or error free;
(b) as to the accuracy, reliability or content of any information obtained from the Program or from Using the Program.
ABARES disclaims any and all liability for any injury, damage or loss (including, but not limited to, economic loss) howsoever arising out of any Use of the Program.
ABARES is not responsible for any failure to carry out its obligations under this Licence if that failure is for any cause beyond ABARES' reasonable control.
ABARES may terminate this Licence immediately by written notice if the User breaches this Licence, or for convenience on 30 days notice.
When this Licence ends the User must return or destroy all copies of the Program in its possession or under its control.
Waiver of any provision of, or right under, this Licence:
(a) must be in writing signed by the party entitled to the benefit of that provision or right; and
(b) is effective only to the extent set out in the written waiver.
This Licence may be altered only in writing signed by both ABARES and the User.
The user must not assign or novate any right or obligation of this Licence without ABARES' prior written consent.
This Licence will be interpreted according to the laws of the Australian Capital Territory, Australia.
The Licence does not include any rule of the United Nations Vienna Convention on Contracts for the International Sale of Goods.
Next steps to accept or decline offer
If you are employed and the Purpose is connected with your employment duties then you should only accept this Offer if your employer has authorised you to do so.
Please note again that the Licence under which You will gain access to the Program consists of these terms. Please note that, any Use of the Program will be deemed to be an acceptance of the Offer.
If you wish to accept the Offer, then please click on the 'accept' button below.
06 Sep 2011