ATSB KML Creator (Version 1) - Licence Terms and Conditions

1. Parties to this Licence

(a) Commonwealth of Australia represented in this Agreement through its Australian Transport Safety Bureau having its principal office at 62 Northbourne Avenue, Canberra 2601 in the Australian Capital Territory ABN 65 061 156 887 (the ATSB); and

(b) The Licensee, being the person who has accepted the terms and conditions of this Licence.

2. Purpose of this Licence

(a) The ATSB has developed a Software program called ATSB KML Creator (the Licensed Material)

(b) The Licensed Material provides an interface to convert data created by the Licensee in a text file to another text format (KML) that can be utilised in Google Earth.

(c) The Licensed Material is intended for use by transport safety and other investigation agencies and aviation operators for examination of flight data to create a flight path from that data.  Nothing in this License prevents any other person from obtaining the Licensed Material and using the Licensed Material for any lawful purpose.

 

3. Interpretation

Commencement Date means the date of acceptance by the Licensee of the licence terms and conditions and downloading of the Licensed Material.

Derivative Product means a distinct product derived from the Licensed Material (i.e. resulting from the Licensed Material being customised, altered, abridged or supplemented, and/or additional functionality being incorporated).

Duration means the period between the commencement date and the expiry or revocation of the Licence

Exploit means to manufacture, sell, hire, distribute, give away, or otherwise commercialise the Licensed Product or to provide a service, incorporating the Derivative Product.

Intellectual Property includes all copyright, and all rights in relation to registered and unregistered trademarks (including service marks), registered designs and confidential information (including trade secrets and know-how), and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields

Licensed Material means Software program comprising the ATSB KML Creator (Version 1).  However, the Licensed Material does not include any product licensed by the ATSB by a Third Party.

Personnel means in relation to either the ATSB or the Licensee their respective officers employees, agents or contractors.

Third Party means a person other than the ATSB or its personnel.

 

4. Rights under this Licence

The ATSB grants to the Licensee (without cost) from the commencement date the Licensed Material a revocable, royalty free, non-exclusive, non-transferrable licence to use the Licensed Material.

 

5. Restrictions on use

The Licensee agrees, except to the extent permitted by this Agreement or applicable Law, for the duration of the Licence:

(a) not to exploit the Licensed Material to, or permit the any Third Party to exploit the Licensed Material;

(b) not to remove, obscure or interfere with any copyright statement, acknowledgment, attribution, trade mark, warning or disclaimer statement affixed to, incorporated in or otherwise applied in connection with the Licensed Material;

(c) not to copy and distribute the Licensed Material to persons other than the Licensee's personnel;

(d) to use reasonable care and protection to prevent the unauthorised use, copying, publication or dissemination of the Licensed Material to persons other than the Licensee's Personnel; and

(e) to require any Personnel to whom the Licensed Material is made available to comply with the requirements of this clause.

 

6. Intellectual Property

The Licensee agrees that all Intellectual Property in the Licensed Material vests and continues to vest in the ATSB.

 

7. Derivative Products

In the event that a Licensee develops a Derivative Product based on the Licensed Material, such modification not being prohibited by the Licence, the terms of this Licence do not apply to the Derivative Product.

 

8. Non Grant of Licence for other Software, Programs or Applications

This Licence does not constitute a Licence for any other software, program or application for which a licence may be required by a Third Party.

 

9. Revocation

The License shall be taken to be revoked in the event of any breach of its terms and conditions.

 

10. Expiry

The Licence shall be taken to have expired where the Licensed Material is permanently removed from a Licensee's operating system.

 

11. Acceptance of terms for downloading copy

The terms and conditions of this Licence must be accepted in order for a copy of the Licensed Material to be downloaded.

 

12. Sub-licence

This Licence does not give any Licensee a right of sub-licence in respect of the Licensed Material.

 

13. Revised versions of Licensed Material

The ATSB may develop and make available for download revised versions of the Licensed Material.

 

14. Warranty

(a) The ATSB provides the Licensed Material 'as is' without any warranty of any kind, either express or implied. Where any statute implies into the Licence Agreement any condition or warranty, and that statute prohibits provisions excluding or modifying the application or exercise of, or liability under, such condition or warranty, such condition or warranty will be deemed to be included in the Licence Agreement.  However, the ATSB's liability for any breach of such statutory condition or warranty will be limited, at its option, to replacement of the Licensed Material;

(b) The Licensee acknowledges that the Licensee has not relied on any representation made by the ATSB that has not been expressly stated in this License Agreement;

(c) The ATSB does not warrant the accuracy, completeness, currency or suitability of the Licensed Material for any purpose; and

(d) The Licensee assumes responsibility for selection of the Licensed Material to achieve any intended results, and for its installation and use.

 

15. Indemnity

15.1            The Licensee indemnifies the ATSB and its Personnel if the ATSB, or its Personnel, suffer any loss (including legal costs and expenses on a solicitor/own client basis), or if the ATSB or its Personnel become liable to pay damages, from any claim, suit, demand, action or proceeding brought by any person against the ATSB or its Personnel where such loss or liability was caused by:

(a) any act or omission by Licensee or its Personnel in connection with the use of the Licensed Material;

(b) any Third Party's use of a Derivative Product which the Licensee has supplied or sublicensed to them; and

(c) a breach by the Licensee of this Licence.

15.2            The Licensee's liability to indemnify the ATSB and its Personnel under the preceding subclause is reduced proportionately to the extent that any negligent act or omission by the ATSB or its Personnel caused or contributed to any loss, liability, damage or expense incurred.

15.3            The ATSB's right to be indemnified under this clause  is in addition to, and not exclusive of, any other right, power or remedy provided by law, but the ATSB is not entitled to be compensated in excess of the amount of the relevant liability, loss or damage, or loss or expense.

15.4            This clause 15 will survive the revocation or expiry of this Licence.

 

16. Entire agreement / amendments

This License Agreement constitutes the entire agreement between the parties for the licensing of the Licensed Material.  No variation or amendment to this License Agreement will be effective unless it is in writing and signed by both parties to the Licence.

 

17. No waiver

A waiver by either party of any rights arising from a breach of this License will not be a continuing waiver of any other rights arising from any other breach of this Licence.  A failure or delay by either party to exercise its rights under this License will not operate as a waiver of that party's rights and will not prevent that party from subsequently enforcing such rights or treating any breach by the other party as a repudiation of this Licence.

 

18. Severability

If any provision of this License Agreement is illegal, invalid or unenforceable, this will not affect the remaining provisions of this License Agreement, which will continue in full force and, if possible, the illegal, invalid or unenforceable part will be read with such modifications as are necessary to render it legal, valid and enforceable.

 

19. Governing law

This License Agreement is governed by the laws of Australian Capital Territory and the parties submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory.

 

Top