A user-friendly decision support aid to calculate yield and nitrogen
requirements of cereals and canola
Before a person can download the Yield and N Calculators that person
must read, understand and agree to the terms of the Non-Commercial Software
Evaluation Licence and provide some registration details.
IMPORTANT NOTE
Yield and N Calculators is not a design tool and cannot be used for that
purpose. The Yield and N Calculators package is provided to You "AS
IS" on the basis that it is still under development and requires
further testing. As the package is not fully tested, all results obtained
from Yield and N Calculators should be treated with caution and not be
relied upon to make any decisions without seeking further professional,
scientific and technical advice.
The Software Owners accept only limited liability as is contained in
the Non-Commercial Software Evaluation Licence. Any errors
or problems should be reported to CSIRO Land and Water at ncalculator-gw@csiro.au.
Do not use this Yield and N Calculators’ package
until You have read, understood and agreed to the terms of the Non-Commercial
Software Evaluation Licence below.
Non-Commercial Software Evaluation Licence for the software known
as 'Yield and N Calculators'
Meaning of Words
'CSIRO' means the Commonwealth Scientific and Industrial Research
Organisation of Limestone Avenue, Campbell, Australian Capital Territory,
Australia acting through its Division of Land and Water in its own
capacity and in its capacity as agent for and on behalf of the other
Software Owners.
'Licence' means this non-commercial
software evaluation licence agreement
between You and CSIRO comprising the
terms that You accept by selecting the "I Accept" icon
and submitting the Registration to CSIRO.
'Software' means the package
of “Yield and N Calculators" products
you receive from CSIRO when allowed to
download.
'Software Owners' means the owners of the Software, being the Commonwealth
Scientific and Industrial Research Organisation, the Grains Research
and Development Corporation and the Mallee Sustainable Farming Project
Incorporated.
'Registration' means the registration with CSIRO which You submit
to CSIRO by providing the information and details requested on this
Software website.
'You' means you the user and licensee.
The Licence CSIRO grants to You
CSIRO grants You a non-exclusive and non-transferable right to use the
Software only in accordance with the terms of this Licence. CSIRO reserves
the right to refuse to license the Software to any person at any time
without giving any reasons, whether already licensed or not.
This Licence is formed when You have clicked the "I Accept"
icon, submitted the Registration and CSIRO approves by validating your
Registration.
What You must do to allow download of the Software
You must provide and ensure the accuracy and completeness of your Registration.
You must select the "I Accept" icon at the end of this
Licence to indicate your agreement to the terms of the Licence. By
selecting the “I Accept” icon,
You represent and warrant that You have
read, understood and agreed to the terms
of this Licence.
You must submit the Registration to register for the Software to
be provided to You.
If You are employed and intend using the Software in connection with
your employment duties then You should only submit the Registration
if your employer has authorised You to do so on its behalf. By submitting
the Registration this Licence You are representing and warranting
to CSIRO that You are authorised to do so on behalf of your employer.
CSIRO will give You access to the Software as soon as practicable
by validating your Registration to allow download of the Software
as an electronic file.
You understand that CSIRO may retain all Registration data provided
by You for its record-keeping and marketing purposes and You must
read CSIRO's Privacy
Statement and policy on the use of its websites which is made
available to You at the Software website.
Use of names
You must not without written permission use the name, any trademark
or logo of the Software Owners to claim any sponsorship, endorsement,
approval or affiliation or other association with the Software Owners
by virtue of this Licence.
Proprietary rights
Title, ownership and intellectual property rights in the Software shall
remain in the Software Owners. Nothing in this Licence grants to You
ownership or intellectual property rights in the Software. You must
not remove or alter any logo, copyright or other proprietary notices,
symbols or labels in the Software.
Payment
The Software is provided free of charge in consideration of You using
it in accordance with the terms of this Licence only.
Your rights to use the Software
You may use the Software for non-commercial evaluation purposes only.
You may make copies of the Software only as reasonably required for
backup purposes.
You must not distribute, sell or otherwise make the Software available
for use by a third party. If You become aware that any other person
wishes to use the Software, then You should refer that person to this
website or CSIRO Land and Water at ncalculator-gw@csiro.au
You must not use all or any part of the Software in conjunction with
any product or service (including training or consulting) for commercial
gain.
You must not reverse engineer or tamper with the Software.
Software Owners limit their liability
You are responsible for determining that the Software is suitable for
Your own use or purpose.
You assume all risk for any loss or damage resulting directly or
indirectly from your use of or inability to use the Software.
To the extent permitted by law, the Software Owners exclude all liability
for any loss or damage (including direct, indirect, special or consequential
loss or damage) arising from Your use of the Software or otherwise
in connection with this Licence.
Where any statute or law implies warranties or conditions into this
Licence, which cannot be lawfully modified or excluded under this
Licence ('Non-excludable Condition') then this Licence will be read
subject to such Non-excludable Condition. Where such statute or law
permits, the Software Owners limit their liability to You for breach
of such Non-excludable Condition at its option to:
(i) re-supplying the Software; or
(ii) refunding the amounts paid by You for the Software.
Software Owners make no representations
The Software Owners do not warrant or make any representations: (a)
that the Software is of merchantable quality, suitable for Your use,
or is fit for any other purpose; (b) that operation of the Software
will be-uninterrupted or that the Software is error-free; (c) regarding
the results of any use of the whole or any part of the Software; (d)
as to the accuracy, reliability or content of any data, information,
service or goods obtained through any use of the whole or any part of
the Software; (e) as to the accuracy, reliability or content of any
Internet sites addressed by the URLs in the database forming part of
the Software; or (f) that the use of the Software will not infringe
the intellectual property rights of a third party.
The end of the Licence
CSIRO may terminate this Licence at any time by giving You written notice.
Termination may occur for any or no reason at all. On termination, all
your rights to use the Software cease and you must destroy all copies
of the Software in your possession.
Resolving disputes
In any dispute arising out of or in connection with this Licence, You
agree to first negotiate in good faith with a senior CSIRO officer to
resolve it. If the dispute is not resolved by those negotiations within
30 days, You agree that the matter may be referred to the Australian
Commercial Dispute Centre Limited ('ACDC') for resolution by mediation
and if necessary by arbitration in accordance with the Conciliation
Rules of the ACDC.
The governing law
This Licence is governed by and construed in accordance with the laws
of the Australian Capital Territory, Australia.
By pressing the “I Accept” button You represent (upon
which CSIRO relies) that You have read and understood the terms of this
Licence and You agree to be bound by them
