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Interactive Component Modelling System - ICMS

Accessing the ICMS Software

In order to access the ICMS software, you must agree to the terms and conditions outlined in the licence agreement below and submit the registration form found at the end of this page. If your registration submission is successful, you will receive the software by mail. Australian users should usually allow 10 days and international users should usually allow 21 days for delivery.

IMPORTANT

THIS IS THE NON-COMMERCIAL SOFTWARE LICENCE AGREEMENT BETWEEN CSIRO AND YOU SETTING OUT THE TERMS AND CONDITIONS OF ACCESS TO THE SOFTWARE.

PLEASE MAKE SURE THAT YOU HAVE READ AND UNDERSTOOD ALL THE TERMS OF THIS LICENCE AGREEMENT BEFORE SELECTING THE SUBMIT BUTTON.

Non-Commercial Software Licence Agreement

TERMS AND CONDITIONS

Definitions

1. In this Licence Agreement, unless the context otherwise requires:

1.1 "CSIRO" means Commonwealth Scientific and Industrial Research Organisation acting through and limited to its Division of Land and Water having its principal address located at Limestone Avenue, Campbell in the Australian Capital Territory ABN 41 687 119 230.

1.2 "Intellectual Property Rights" means all patents, copyright and neighbouring rights, and all rights in relation to inventions, plant varieties, registered and unregistered trade marks (including service marks, registered designs, logos, confidential information (including trade secrets and know-how) and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.

1.3 "Licence Agreement" means the terms and conditions of this non-commercial software licence agreement.

1.4 "Permitted Use" means any lawful use other than:

(a) deriving any direct or indirect financial or other commercial benefit from the use of the Software;

(b) making copies (unless permitted by law) without obtaining the prior written consent of CSIRO;

(c) altering, modifying, adapting or tampering with the Software for whatever reason without obtaining the prior written consent of CSIRO;

(d) reverse engineering or decompiling the Software for whatever reason;

(e) removing or altering any legal or other notices, symbols or labels relating to the Software for whatever reason; and

(f) giving, exploiting (including selling and hiring), sub-licensing or distributing the Software to third parties.

1.5 "Registration Form" means the registration form required to be completed and submitted prior to receiving the Software

1.6 "Software" means the Interactive Component Modelling System ("ICMS") software package received by You, containing one version of a PC based model and application development product to facilitate rapid delivery of research results to catchment managers, excluding any source code.

1.7 "You","Your" or Yourself" mean the person who has fully completed and submitted the Registration Form. If that person is employed and intends to use the Software in connection with his or her employment duties, then this definition will refer to and include that person's employer.

Grant of Licence

2.1 In consideration of You completing and submitting a Registration Form and allowing CSIRO to contact You in the future, CSIRO grants You a non-exclusive, royalty-free and non-transferable right to use the Software in accordance with this Licence Agreement.

2.2 CSIRO reserves the right in its absolute discretion to refuse to license to any person without giving reasons (unless required to do so by law).

2.3 CSIRO reserves the right to give such instructions to You on the use and access to the Software as is in the absolute opinion of CSIRO necessary to preserve the reputation, quality and security of the Software.

2.4 If this Licence Agreement is entered into with an employee of an employer in the course of or for the benefit of his or her employment, then the employer will be bound by this Licence Agreement.

2.5 CSIRO is not required to provide assistance with the Software, but may in its absolute discretion elect to do so on whatever conditions it thinks fit

2.6 CSIRO is not obliged to provide or notify You of any modifications or updates in or replacement of the Software.

Use

3.1 You must use the Software strictly in accordance with the Permitted Use.

Proprietary Rights

4.1 The title, ownership and Intellectual Property Rights in the Software shall remain at all times owned by CSIRO. Nothing in this Licence Agreement grants You ownership (whether in law or in equity) in or of the Intellectual Property Rights.

Your Obligations

5.1 You must not at any time hold or describe Yourself as an agent or employee of CSIRO.

5.2 You must advise CSIRO as soon as practicable if you become aware of any actual or suspected infringement of the Software.

5.3 You must not challenge the validity of the Intellectual Property Rights licensed to You by CSIRO.

5.4 You must advise CSIRO as soon as practicable if you become aware of any errors in or difficulties with the Software.

5.5 If clause 2.4 applies, You must advise CSIRO as soon as practicable if Your employer ends or withdraws Your permission to use the Software.

Your Statements

6.1 By completing and submitting a Registration Form, You make the following statements as essential conditions upon which CSIRO will rely as true and accurate:

(a) You have the legal capacity to enter into an agreement;

(b) You have voluntarily entered into this Licence Agreement;

(c) You have been able to carefully read, understand and consider this Licence Agreement and have had the opportunity to seek independent legal advice;

(d) You have no objection to CSIRO contacting You in the future for the purpose of marketing;

(e) You have made sure prior to use of the Software that it meets your requirements and specifications, including but not limited to compatibility with your programs and equipment;

(f) You have adequate insurance to cover You for any liability directly or indirectly resulting from or arising out of Your Permitted Use and

(g) You consent and have no objection to the jurisdiction of the Australian Capital Territory as the law of the forum or the law of dispute or both.

Limited Liability

7.1 The use of the Software is entirely at Your sole risk.

7.2 To the extent permitted by law, CSIRO does not represent or warrant:

(a) that the Software is of merchantable quality, suitable for Your use or fit for Your purpose;

(b) that the Software is error-free and its operation will be uninterrupted;

(c) the accuracy, reliability or content of any data, information, service or goods obtained through any use of the Software or

(d) that the use of the Software will not infringe the Intellectual Property Rights of a third party.

7.3 At its choice, CSIRO's liability is limited to the replacement of the Software or paying the costs of the replacement of the Software to You.

7.4 You acknowledge that this Software is a model and to be used as a guide only. CSIRO advises that the Software must not be solely or predominantly relied upon when making any financial decision involving the expenditure of money or the incurring of liabilities or both.

Disclaimer, Release and Indemnity

8.1 CSIRO disclaims all liability for any injury, damage, costs, expenses or any other loss (including but not limited to economic loss, business interruption, loss of business profits, consequential or indirect loss) however caused regarding Your reliance on or Your use of or inability to use the Software.

8.2 This Licence Agreement is also subject to CSIRO's Legal Notice, Privacy Statement and Disclaimer applicable to all its websites.

8.3 To the extent permitted by law, You fully indemnify CSIRO against and fully release it from any claim, demand, action, suit or other proceedings brought against it arising directly or indirectly out of Your reliance on or Your use of or inability to use the Software.

Termination

9.1 Without prejudice to any other rights, CSIRO or You may terminate this Licence Agreement without cause at any time.

9.2 CSIRO may provide You with reasonable notice, but is not obliged to do so.

9.3 To the extent permitted by law, upon termination You must either destroy or return or dispose of the Software (including any reproductions or copies of the Software) as directed by the Licensee.

9.4 Termination will not affect any rights or remedies which the Licensee may otherwise have under this Licence Agreement, at law or in equity.

Applicable Law

10.1 This Licence Agreement will be interpreted in accordance with the laws of the Australian Capital Territory.

Severability

11. If part or all of any clause of this Licence Agreement is illegal or unenforceable it will be severed from this Licence Agreement and will not affect the continued operation of the remaining provisions.

YOUR INTENTION TO ENTER INTO THIS LICENCE AGREEMENT

You must complete all fields of the registration form, mark the check-box and click the "Submit" button to indicate your intention to agree to be bound by the above terms and conditions. If so, your submission will be deemed an offer.

Once your offer has been submitted and received, then CSIRO may reject or accept your offer. If accepted, then you will be legally bound by the above terms and conditions and this licence agreement will apply.

If you do not agree to the above terms and conditions, do not understand them or do not wish to use the ICMS software, you must not select the "Submit" button at the end of this page and you will then have no access to this software.

REGISTRATION FORM - Application for becoming a registered user of ICMS software

Please ensure that you complete all the fields of the form.

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