Welcome and thanks for your interest in the tools developed by the Capturing Coral Reef and Related Ecosystem Services (CCRES) project, for which the University of Queensland is the executing agency (UQ‘s ABN 63 942 912 614). Throughout this document, the University of Queensland is referred to as “UQ”, “We”, “Us”, “the Developer”.
The following Terms are a legal contract between you (“You”) and UQ, and those distributing software and services on behalf of UQ, regarding your use of UQ software and services (collectively referred to as “Software”). People who use UQ’s software and services are referred to individually as “User” and collectively as “Users”.
For purposes of this contract “Software” means all digital content and software programs distributed, published or otherwise made available by UQ or its affiliates including, but not limited to mobile apps (applications), downloadable/installable apps for personal computer, and apps accessed by means of a browser or other online communication method. The software also includes updates and upgrades as well as accompanying manual(s), packaging and other written files, electronic or on-line materials or documentation, and all copies of such software and its materials.
THE SOFTWARE ARE LICENSED, NOT SOLD. The Software, its content, and the related documentation are and shall remain UQ’s sole property and are protected by all applicable laws governing intellectual property and proprietary rights. All intellectual property rights (including, without limitation, copyrights, trade secrets, trademarks, etc.) to the Software are and shall be owned solely by UQ.
PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY ACCESSING, BROWSING, OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO USE THE SOFTWARE, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH CHILD’S USE OF THE SOFTWARE.
If you do not accept these Terms, do not install, use or access the Software.
1.1 SOFTWARE LICENSE. Subject to these Terms, UQ hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Software for your non-commercial use. The rights granted herein are subject to your compliance with these Terms.
1.2 SERVICE LICENSE. Subject to these Terms, UQ hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services, for your non-commercial use.
1.3 LICENSE TERM. The term of your licenses shall commence on the date that you install or otherwise use the Software and ends on the earlier date of either your disposal of the Software or UQ’s termination of these Terms. Your license terminates immediately if you attempt to circumvent any technical protection measures or otherwise use the Software in breach of the Terms.
1.4 OWNERSHIP; NO OTHER LICENSES. UQ retains all right, title and interest in and to the Software, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. Unless expressly authorized by mandatory legislation, the Software may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from UQ.
2. THIRD PARTY CONTENT
The Software may include links or references to other publications (including but not limited to books, white papers and journal publications), websites, software or services solely as a convenience to Users (“Third Party Content”). UQ does not endorse any such Third Party Content or the information, materials, products, or services contained on or accessible through the Third Party Content. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.
3. PROHIBITED CONDUCT
YOU AGREE NOT TO:
3.1 use the Software for any commercial use or purpose unless expressly permitted by UQ in writing, it being understood that the Software are intended for educational, research, non-commercial use only;
3.2 make a copy of, rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses for any Software;
3.3 delete the copyright or other proprietary rights notices on the Software or on any content created using the Software;
5.4 assert, or authorise, assist, or encourage any third party to assert, against UQ or any of its affiliates or licensors any intellectual property infringement claim regarding the Software or User Generated Content;
5.5 use the Software for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
5.6 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Software or features that enforce limitations on the use of the Software;
5.7 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
5.8 modify, adapt, translate or create derivative works based upon the Software or any part thereof, except and only to the extent expressly permitted by UQ;
5.9 intentionally interfere with or damage the operation of the Software or any user’s enjoyment of it, by any means, including by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
5.10 misrepresent the source of ownership of the Software;
5.11 transport, export or re-export (directly or indirectly) into any country forbidden to receive such Software by any Australian or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time;
5.13. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Software may not function properly.
6. MODIFICATION OF TERMS.
UQ reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms periodically for changes. Your continued use of the Software after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, UQ will make reasonable effort to provide notice to you of such amended Terms.
7.1 Termination by UQ. UQ, in its sole discretion, for any or no reason, and without penalty, may terminate your use of the Software at any time. UQ may also in its sole discretion and at any time discontinue providing access to the Software, or any part thereof, with or without notice. You agree that any termination of your access to the Software or any User Generated Content You may have, or portion thereof, may be effected without prior notice, and You agree that UQ will not be liable to You or any third party for any such termination.
7.2 Termination by You. Your only remedy with respect to any dissatisfaction with (a) the Software, (b) any term of these Terms, (c) any content or information created or transmitted through the UQ’s Services, is to discontinue Your use of the Software, uninstall any Software from your computing devices and delete any User Generated Content you may have.
You agree to indemnify, UQ, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (“UQ Indemnitees”) from any claims, losses, damages, liabilities, and expenses (including legal fees and expenses), arising out of any use or misuse of the Software, any violation of the Terms, or any breach of the representations, warranties, and covenants made herein. UQ reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify UQ, and You agree to cooperate with UQ’s defense of these claims.
9. DISCLAIMERS; NO WARRANTIES.
9.1 NO WARRANTIES. THE SOFTWARE, AND ALL DATA, INFORMATION, SOFTWARE, WEBSITE MATERIALS, CONTENT, USER CONTENT, THIRD PARTY CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UQ, AND ITS AFFILIATES AND LICENSORS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UQ OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
9.2 CONTENT. UQ, AND ITS SUPPLIERS, LICENSORS, AND AFFILIATES, DO NOT WARRANT THAT THE SOFTWARE OR ANY DATA, USER GENERATED CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SOFTWARE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
9.3 HARM TO YOUR COMPUTER. YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, WEBSITE MATERIALS, SOFTWARE, OR DATA THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY.
9.4 LIMITATIONS OF APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
10. LIMITATION OF LIABILITY AND DAMAGES
10.1 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL UQ OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE SOFTWARE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH UQ, EVEN IF UQ OR A UQ AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, UQ’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
10.2 LIMITATION OF DAMAGES. IN NO EVENT WILL UQ’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD-PARTY PARTNERS’, LICENSORS’, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE SOFTWARE OR YOUR INTERACTION WITH OTHER SOFTWARE USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SOFTWARE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
11.1 WAIVER. The failure of UQ to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by UQ.
11.2 JURISDICTION. The Terms will be governed by and construed in accordance with the laws of the State of Queensland. You agree that any action at law or in equity arising out of or relating to the Terms or UQ will be filed only in the State of Queensland.
11.3 SEVERABILITY. If any provision of the Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
11.4 ASSIGNMENT. The Terms and any rights and licenses granted may not be transferred or assigned by You without UQ’s prior written consent, but may be assigned by UQ without consent or any restriction.
11.5 SURVIVAL. Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
11.6 ENTIRE AGREEMENT. The Terms constitute the entire agreement between You and UQ relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms.
11.7 DISCLOSURE. The Software provided is offered by UQ, Registered Address: St Lucia QLD 4072 Email: [email protected] Website: http://www.ccres.net