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DATA LICENSING AGREEMENT WITH CSIRO (Division of Marine Research) Unless otherwise advised, data available from this apllication will be subject to a CSIRO Marine Research Data Licence. Some data in the warehouse is owned by organisations other than CSIRO and in these cases the Licence conditions associated with these data are bundled with the data at the time of download. CSIRO, through its Division of Marine Research (and only that Division) agrees to make data available to you, the user ("the Licensee") under License on the following terms and conditions which constitute a legally binding agreement. 1. The Licensee shall use the data product at their own risk and agrees that CSIRO Marine 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 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 they are 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. 2. The Licensee acknowledges that copyright in all or any part of the "data product" is and remains the property of the CSIRO Marine Research. 3. 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. 4. If the Licensee adapts and/or combines 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, 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." 5. The Licensee covenants that it will acknowledge CSIRO Marine 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. 6. Should any of these conditions be breached by the Licensee, CSIRO Marine 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. 7. The Licensee agrees to provide CSIRO Marine 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 Research.

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