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% SW_COPY Copyright and licence information on SEAWATER library.
% =================================================================
% SW_COPY $Revision: 1.6 $ $Date: 1994/12/06 03:05:54 $
% Copyright (C) Phil Morgan 1993
%
% SOFTWARE LICENCE AGREEMENT
%
% 1.0 Grant of Licence
%
% 1.1 The CSIRO Division of Oceanography (herein referred to as
% "CSIRO") hereby grants you (hereinafter referred to as
% the "Licencee"), subject to the Licencee agreeing to
% comply with the terms and conditions of this Agreement, a
% non-transferable, non-exclusive licence to use the
% computer programs described in this document (hereinafter
% referred to as the "Software") for the purpose of
% the Licencee's computing activity.
%
% 1.2 CSIRO hereby grants the Licencee the right to make copies
% of the Software for the purpose of the Licencee's
% computing activity only.
%
% 1.3 The benefit of the rights granted to the Licencee by the
% Licence and this Agreement generally shall be personal to
% the Licencee and the Licencee shall not mortgage, charge,
% assign, rent, lease, sell or otherwise dispose of or
% transfer the same or any part to any third party.
%
% 1.4 Unless otherwise agreed in writing or provided for in
% this Agreement, CSIRO shall be under no obligation or
% responsibility to provide the Licencee with any training,
% maintenance services, enhancements or updates of the
% Software or any services whatsoever.
%
% 2.0 Acknowledgment by the Licencee
%
% 2.1 The Licencee acknowledges and agrees that it shall not:
%
% (i) sell, let for hire or by way of trade, offer or
% exhibit or expose for sale or hire or otherwise
% distribute the Software for the purposes of trade or
% any other purpose;
%
% (ii) authorise or assist any third person to do any
% of the acts set out in (i) above;
%
% (iii) modify the Software source code without advising
% CSIRO.
%
% 2.2 The Licencee agrees that:
%
% (a) CSIRO is the owner of all copyright and other
% Intellectual Property Rights subsisting in the
% Software;
%
% (b) this document must be properly cited in any
% publication reporting results derived from this
% document or obtained from application and use of this
% software. Any of the Licencee's documentation
% describing results generated by the Licencee's
% use of the Software will contain an acknowledgement
% of CSIRO's ownership of the Software;
%
% (c) CSIRO reserves all rights in the Software other than
% the rights granted to the Licencee by this
% Agreement;
%
% (d) each item of the Software will display a banner
% summarising the terms of this Agreement and
% acknowledging the source of the Software, and the
% contents of a banner will not be modified and its
% display will not be inactivated by the Licencee
% without the approval of CSIRO.
%
% 3.0 Indemnity
%
% 3.1 To the full extent permitted by law, CSIRO excludes any
% and all liability in respect of any loss or damage,
% whether personal (includes death or illness) or of
% property and whether direct, consequential or special
% (including consequential financial loss or damage) of
% the Licencee, its officers, agents and employees or any
% third party howsoever caused, which may be suffered or
% incurred or which may arise directly or indirectly in
% respect of or arising out of the Licencee's use or
% inability to use the Software or the failure or omission
% on the part of CSIRO to comply with the conditions and
% warranties under this Licence Agreement. Insofar as
% liability for loss or damages under or pursuant to such
% legislation cannot be excluded, CSIRO's liability for
% loss or damages shall be limited to the amount of One
% Dollar ($1.00).
%
% 3.2 CSIRO make no warranties, expressed or implied, and
% excludes all other warranties representations, terms or
% conditions, whether express or implied, oral or written,
% statutory or otherwise, relating in any way to the
% Software, or to this Agreement, including any implied
% warranty of merchantability or of fitness for particular
% purpose. To the full extent permitted by the law of the
% Commonwealth of Australia or the laws of any State or
% Territory of Australia, any conditions or warranties
% imposed by such legislation are hereby excluded. In so
% far as liability under or pursuant to such legislation
% may not be excluded, CSIRO's liability to the Licencee
% pursuant to this Agreement shall be limited as set out in
% clause 3.1 hereof.
%
% 3.3 The Licencee acknowledges and agrees that the Software
% was developed for CSIRO research purposes and may have
% inherent defects, errors or deficiencies, and that it is
% the responsibility of the Licencee to make its own
% assessment of the suitability of the Software for the
% purpose of the Licencee's computing activity. The
% Licencee will use the Software, and advice, opinions or
% information supplied by CSIRO, its officers, employees or
% agents concerning the Software at the Licencee's own
% risk.
%
% 3.4 The Licencee hereby releases and indemnifies and shall
% continue to release and indemnify CSIRO, its officers,
% employees and agents from and against all actions,
% claims, proceedings or demands (including those brought
% by third parties) which may be bought against it or them,
% whether on their own or jointly with the Licencee and
% whether at common law, in equity or pursuant to statute or
% otherwise, in respect of any loss, death, injury, illness
% or damage (whether personal or property, and whether
% direct or consequential, including consequential
% financial loss) and any infringement of copyright,
% patents, trade marks, designs or other Intellectual
% Property Rights, howsoever arising out of the Licencee's
% exercise of its rights under this Agreement and from and
% against all damages, costs and expenses incurred in
% defending or settling any such claim, proceeding or
% demand.
%
% 3.5 The Licencee's obligation to indemnify CSIRO and its
% officers, employees and agents set out in clause 3.4
% hereof is a continuing obligation separate from
% and independent of the Licencee's other obligations under
% this Agreement, and shall survive all expiration or
% termination of this Agreement.
%
% 4.0 Termination
%
% 4.1 The Licence shall terminate immediately upon the Licencee
% breaching any term or condition of this Agreement whether
% or not CSIRO is aware of the occurrence of the breach at
% the time that it happens.
%
% 4.2 CSIRO may terminate the Licence on reasonable grounds by
% notice in writing to the Licencee, and such notice of
% termination shall be effective immediately upon receipt
% by the Licencee.
%
%=========================================================================
%$Id: sw_copy.M,v 1.6 1994/12/06 03:05:54 morgan Exp $
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