WAVES

An integrated energy and water balance model

TERMS AND CONDITIONS

1. In this agreement unless the context otherwise requires, the following definitions apply:
   "Agreement" means these terms and conditions;
   
   "CSIRO" means Commonwealth Scientific and Industrial Research Organization acting through its Division of Land and Water, the head office of CSIRO which is located at Limestone Avenue, Campbell, Australian Capital Territory, and its officers, employees and agents;
   
   "Intellectural Property Rights" includes all copyright and neighbouring rights, and all rights in relation to inventions, plant varieties, registered and unregistered trade marks (including service marks), registered designs, confidential infomation (including trade secrets and know-how) and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields;
   
   "Product" means the WAVES Integrated Energy and Water Balance Suite of Programs developed by CSIRO, incorporating computer code and a User Manual.

2. The Recipient will not use the Product for other than research purposes, unless the prior written consent of CSIRO is obtained.

3. The Recipient is permitted to make a reasonable number of copies for Recipient use only, of the Product, for the above purposes.

4. The Recipient is not permitted to onsell or distribute or copy Product to third parties, or to derive any financial return from the use of the Product.

5. The Recipient will bring to CSIRO's notice, without delay, any information, including complaints, relating to the Product which has been received by the Recipient and is likely to be of interest, use or benefit to CSIRO.

6. The Recipient will not at any time describe itself or act as the agent of the CSIRO.

7. The Intellectual Property Rights in the Product will remain vested in the CSIRO at all times.

8. The Recipient will ensure that each user of the Product is aware that the Intellectual Property Rights in the Product are vested in the CSIRO and that the doing of an act comprised with CSIRO's Intellectual Property Rights in the Product, including reproduction, resale or distribution, in whole or in part, is prohibited without CSIRO's written permission.

9. If the Recipient comes to know of any infringement or potential infringement of the rights of CSIRO in relation to the product, it will report such infringement or potential infringement to CSIRO. 

10. CSIRO has not made any and hereby excludes all warranties, whether express or implied, statutory or otherwise, including any implied warranty of fitness for a partcular purpose in respect of the Product. 

11. CSIRO reserves the right to give such instructions to the Recipient on the use of or access to the Product as in CSIRO's opinion are necessary to preserve reputation, quality and security of the Product. 

12. CSIRO will not be liable for any damage, injury or loss arising or resulting directly or indirectly from the Recipient's use of the Product, whether or not such use resulted from information or advice made or given by CSIRO. 

13. The Recipient will indemnify, keep indemnified, release and hold harmless CSIRO against any claim, demand, action, suit or proceeding that may be brought against it in respect of any kind of loss (including economic loss) or damage to any property or physical injury (including death) to any person whatsoever arising out of or as a consequence of the use of the Product.

14. This Agreement contains the whole of the agreement between CSIRO and the Recipient with respect to the Product and supersedes any and all other representations and statements by either party, whether oral or in writing, whether made prior or subsequent to the date of this Agreement.

15. This Agreement will be construed and enforced in accordance with the laws of the Australian Capital Territory and the Parties agree that the courts of that Territory will have exclusive jurisdiction to entertain any action in respect of or arising out of this Agreement.