CSIRO, through its Division of Marine and Atmospheric Research (and only that Division) agrees to make data available to you, the user ("the Licensee") under Licence on the following terms and conditions which constitute a legally binding agreement.

1. The Licensee shall use the data product at its own risk and hereby agrees that CSIRO Marine and Atmospheric Research shall not be liable for any loss or damage or consequential loss or damage whatsoever arising from the direct or indirect use of the data product. CSIRO Marine and Atmospheric Research does not make any warranty to the receiving party as to the condition, quality or fitness of the data product for the receiving party's requirements and the receiving party agrees that it is entirely responsible for ensuring that the data product supplied is suitable for the receiving party's purposes.
This clause does not exclude or limit the application of warranties where to do so would contravene the law of the relevant jurisdiction or cause any part of this clause to be void. If these warranties apply to this contract, the liability of CSIRO will be limited to product replacement, or the refund of the purchase price, at the option of CSIRO.

2. Subject to the provisions of paragraphs 3, 4 and 5, the Licensee will not disclose data products to any third person without first obtaining written permission from CSIRO Marine and Atmospheric Research.

3. The Licensee acknowledges that copyright in all or any part of the "data product" is and remains the property of the CSIRO Marine and Atmospheric Research.

4. Data products supplied by CSIRO to the Licensee may only be used by the Licensee for non-commercial purposes in the course of its ordinary business. Neither the supplied data product, nor enhanced products generated from the supplied data product are to be provided or sold to other persons without the prior written consent of CSIRO (which consent may include a proviso that CSIRO's contribution to the datasets is acknowledged). Non-commercial means that the Licensee will not:
a) make the data product available to a third party by sale or otherwise;
b) sell products derived from or incorporating the data product originally provided;
c) use the data product to cause substantial distortion to normal competitive arrangements; or
d) use the data product to derive income or gain a financial return.

5. Subject to approval from CSIRO, the Licensee may permit consultants, contractors or sub-contractors with which it has contracted for the provision of specific services to use, reproduce, adapt and/or combine the data product provided by CSIRO with other data in its control. The Licensee must ensure that the contract between the Licensee and the Licensee's consultant, contractor or sub-contractor includes at a minimum, the obligations specified in clause 6 and 8 of this agreement.

6. If the Licensee or it's consultants, contractors or sub-contractors reproduce, adapt and/or combine the data product provided by CSIRO with other data held by the Licensee, the Licensee shall prior to making that material available to a third person, obtain the prior written consent of CSIRO as required under clause 2 and 4, provide a copy of such material to CSIRO and shall ensure that an acknowledgement of CSIRO's contributions to the datasets is made as follows:
"Base Data/Data provided by CSIRO and reproduced with the permission of CSIRO."
The Licensee grants to CSIRO a non-exclusive, perpetual, world-wide, royalty-free licence to use the Data product as modified, adapted or added to by the Licensee and its consultants, contractors and sub-contractors.

7. The Licensee covenants that it will acknowledge CSIRO Marine and Atmospheric Research as being the source provider of the "data product" in any publications, scientific papers or reports produced as a result of, or in relation to, the Licensee's use of the data.

8. Notwithstanding paragraph 5, any data product supplied by the CSIRO Marine and Atmospheric Research to the Licensee, in confidence and marked as being "Confidential" will be kept confidential by the receiving party until such data becomes part of the public domain other than as a result of breach of this condition. The Licensee shall take all reasonable steps to ensure that the Licensee, its employees, contractors, consultants and other persons having access to the data product keeps the data product confidential and do not disclose or use the data product for any purpose other than in accordance with the conditions specified in this letter. This provision shall survive termination or expiration of this Agreement.

9. Should any of these conditions be breached by the Licensee, CSIRO Marine and Atmospheric Research, may by written notice, require the Licensee to rectify such breach. If the Licensee fails to do so in the time specified in the notice, the disclosing party may terminate this agreement immediately. Upon termination the licensee shall cease using the data product in any form whether modified or merged with other material and destroy all transferred data product or return it to the disclosing party at the disclosing party's discretion. The Licensee acknowledges that if the terms of this Agreement are breached that damages may be an insufficient remedy for the disclosing party and may seek injunctive or other relief in a court.

10. The Licensee agrees to pay upon demand, to the CSIRO Marine and Atmospheric Research the costs of any incidentals associated with the collation and transfer of this "data product" under the terms of this agreement (including any transportation costs). The costs referred to (if any) in this Agreement do not include any fee for the use of the "data product" or for costs associated with the original collection of the "data product", for which there are no charges.

11. The Licensee agrees to provide CSIRO Marine and Atmospheric Research with written notification of any errors found in the "data product" and if these errors are considerable and have subsequently been corrected, a digital copy of the corrected "data product" will be provided to CSIRO Marine and Atmospheric Research.

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Updated: 12/9/2005 (TPB)