Agribusiness Spreadsheet Tool: Software Licence

Grant of licence

The State of Queensland through the Department of Employment, Economic Development and Innovation (DEEDI) hereby grants you a non-exclusive and non-transferable licence to use the agribusiness spreadsheet tool (Tool) on the following terms and conditions.

Use of the Tool

1. DEEDI grants you the right to use one copy of the Tool on a single computer.
2. You must not and must not authorise others to commercialise any reports or data produced by the TOOL.
3. You must not, and must not authorise others to:
   1. distribute copies of the Tool without the prior written consent of DEEDI;
   2. use the Tool for unlawful purposes, misuse the Tool, or use the Tool with the intention of encroaching upon the privacy of an individual or company or other organisation;
   3. engineer, decompile, disassemble or create derivative versions from the Tool; or
   4. sell, rent, lease, exchange or otherwise dispose of the Tool.
4. Each copy of the Tool must contain all of the original proprietary notices, disclaimers and licence.

Copyright
© 2010 The State of Queensland, Department of Employment, Economic Development and Innovation

5. The Tool is subject to copyright. Without excluding or limiting the application of the Copyright Act 1968 (Cth), you are not permitted to copy in whole or part, the Tool except for backup purposes and to load the Tool into the computer as part of executing the Tool. All other reproductions or copies of the Tool are in violation of this licence and the Copyright Act 1968.

Use of names

6. You must not without written permission:
   1. use the name of DEEDI or any trademark or logo of DEEDI; or
   2. claim any sponsorship, endorsement, approval, affiliation or other association with DEEDI.

Term

7. This licence is effective until terminated.
8. Termination occurs immediately:
   1. if all copies of the Tool in your possession are destroyed; or
   2. if you fail to adhere to the conditions of this licence or the provisions of the Copyright Act 1968.
9. Upon termination, you must ensure that all copies of the Tool are immediately destroyed or returned to DEEDI.

Use at your own risk

10. You accept sole responsibility and risk associated with the use and results of the Tool.
11. You are responsible for determining that the Tool is suitable for your own use or purpose.
12. DEEDI makes no representations or warranties in relation to the Tool, and, you agree that, to the extent permitted by law, all warranties concerning the Tool are excluded, including as to:
    1. the accuracy, completeness, currency or suitability for your purpose of the Tool or information in the Tool or that reasonable care has been taken in its preparation;
    2. the non-infringement of third party rights; and
    3. the absence of errors, defects, viruses or other contaminating or destructive properties in the Tool or data.

Liability and indemnity

13. To the extent permitted by law, all liability of DEEDI for any loss, damage or costs (including consequential damage) incurred in any way (including but not limited to that arising from negligence) in connection with any use of or reliance on the Tool is excluded or limited. Where any statute implies into this licence a condition or warranty, DEEDI's liability for any breach of such condition or warranty is limited to the purchase price of the Tool.
14. You agree to indemnify DEEDI and its officers and employees against any loss, cost, expense, damage and liability of any kind (including consequential damage and liability in negligence) arising directly or indirectly from or related to any claim in connection with your use of the Tool or any product made from your use of the Tool. Your liability to indemnify DEEDI will be reduced proportionally to the extent that any negligent act or omission or breach of this licence by DEEDI caused the loss or liability.

General

15. Any variation to this licence must be in writing signed by both parties.
16. Any term which is held to be illegal, invalid or unenforceable will be severable and will not affect or impair the legality, validity or enforceability of the remaining terms.
17. This licence is governed by the laws of the State of Queensland, Australia.
18. In this licence:
    1. headings are for convenience only and do not affect interpretation; and
    2. unless expressly stated otherwise, "includes" in any form is not a word of limitation.