End User License Agreement
IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH USING THIS PROGRAM:
1. ACKNOWLEDGEMENT
The Commonwealth of Australia's End-User License Agreement ("EULA") is a legal agreement between you (the "LICENSEE"), (either an individual or a single entity) and the Commonwealth of Australia, and not with Apple. By installing and using "Australian CliMate" (the "LICENSED APPLICATION"), you agree to be bound by the terms of this EULA. The Commonwealth of Australia, and not Apple, is solely responsible for the Licensed Application and content thereof. This license agreement represents the entire agreement concerning the program between you and the Commonwealth of Australia, and it supersedes any prior proposal, representation or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the software product.
2.SCOPE OF LICENSE
The Commonwealth of Australia grants you a non-transferable license to install and use copies of the LICENSED APPLICATION on any iOS products that the LICENSEE owns or controls in accordance with the Usage Rules set forth in the (Apple) App Store Terms of Service.
3. MAINTENANCE AND SUPPORT
The Commonwealth of Australia and the LICENSEE acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
4. WARRANTY
The Commonwealth of Australia does not give any warranty including as to fitness for use or that the LICENSED APPLICATION and related Commonwealth material is free from error and does not accept any liability in relation to the LICENSED APPLICATION and related Commonwealth material except to the extent, if any, required by law or specifically provided for in this agreement. The Commonwealth of Australia and the Licensee acknowledge that Apple will have no warranty obligation whatsoever with respect to the LICENSED APPLICATION.
5. LIMITATION OF LIABILITY
In no event shall the copyright holders be liable for any direct, special, indirect or consequential damages whatsoever resulting from loss of use of data or profits, whether in an action of contract, negligence or other conduct, arising out of or in connection with the use or performance of this package.The LICENSEE assumes the sole risk of interpreting and applying Commonwealth of Australia material and releases and agrees to indemnify and hold harmless the Commonwealth of Australia and its officers, employees, agents and sub-contractors, and Apple, from and against all liability, losses, claims, proceedings, damages, costs and expenses directly or indirectly relating to, or arising from, the use of, or reliance on, the Commonwealth material.
6. PRODUCT CLAIMS
The Commonwealth of Australia and the LICENSEE acknowledge that Apple is not responsible for addressing any claims of the end-user or any third party relating to the LICENSED APPLICATION or the end-user's possession and/or use of that LICENSED APPLICATION, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
7. INTELLECTUAL PROPERTY RIGHTS.
The Commonwealth of Australia and the Licensee acknowledge that, in the event of any third party claim that the Licensed Application or the Licensee's possession and use of the Licensed Application infringes that third party's intellectual property rights, the Commonwealth of Australia, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
8. LEGAL COMPLIANCE
The LICENSEE must represent and warrant that: (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
9. THIRD PARTY BENEFICIARY
The Commonwealth of Australia and the LICENSEE acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the EULA, and that, upon the LICENSEE's acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third party beneficiary thereof.
10. COPYRIGHT
The LICENSED APPLICATION is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
11. CONTACT INFORMATION
Should you have any questions regarding the LICENSED SOFTWARE, please contact Associate Professor David Freebairn, International Centre for Applied Climate Sciences University of Southern Queensland. email:david.freebairn@usq.edu.au T +61 40 887 6904
