End User License Agreement


 

End User License Agreement

You must read and agree to Controlled traffic farming Calculator End User License Agreement ("EULA") before registering and using Controlled traffic farming Calculator.

This Agreement sets forth the Terms and conditions (Terms) under which the software known as Controlled traffic farming Calculator (Software) will be licensed by Grains Research and Development Corporation (GRDC) and the Western Australian Agriculture Authority (WAAA) (together the Owners) to you (You),

1.            By accessing or using the Software, You accept and agree to these Terms without any limitation or qualification. These Terms constitute a legally binding agreement between You and the Owners. 

2.            You warrant to the Owners that You have the authority to enter into these Terms.

3.            These Terms are current as at the effective date at the top of this webpage.

4.            The Owners may amend these Terms through updates of the Software or the website on which the Software is hosted.

5.            By You accessing the Software, such amended Terms will apply from that point forward. 

6.            The Owners maintains all rights, title and interest in and the Software, including all applicable copyrights, trade secrets, patents and other intellectual rights therein. Controlled traffic farming Calculator is the Owners’ trade mark.

7.            The Owners grant to You a royalty free, non-transferable, worldwide right and license to use the Software, in accordance with the Terms in this EULA.  For the avoidance of doubt, this does not include the right to adapt, modify, distribute or otherwise deal with the Software.

8.            You must not:

(a)          otherwise adapt, reproduce, modify, adapt, translate, publish, upload to a third party, link to, distribute or transmit any of the Software in any form without our specific prior written consent;

(b)          remove, obscure or alter any proprietary rights notice (including copyright and trade mark) contained in, or accompanying, the Software;

(c)          use the Software in any way for commercial gain or in any way that suggests that you are affiliated with, or endorsed by, the Owners; or

(d)          do any act which would bring the Owners’ trade mark or the Owners into disrepute or damage the goodwill or reputation of the Owners’ trade mark.

9.            You must not:

(a)          submit, or use the Software to send, any unauthorised commercial communications (such as spam);

(b)          access the Software using automated means;

(c)          upload viruses, keyloggers, spyware, worms, trojan horses, timebombs or other malicious or harmful programming to or using the Software;

(d)          bypass any measure the Owners may use to prevent or restrict access to the Software, any part of the Software or any other software, systems or networks connected to the Software;

(e)          decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying algorithms of any part of the Software;

(f)           create derivative works of any part of the Software;

(g)          rent, lease, lend, sell, transfer, redistribute, or sublicense the Software; or

(h)          use any device, software or routine, or do anything that could interfere or attempt to interfere with the proper working of this Software.

10.          The Software contains a reporting tool which allows You to create and send information, text, data files, photographs, graphics, videos or other images, information and materials directly to the Owners (the User Content).

11.          The Owners will review all the User Content you provide and will send a response to your device.

12.          You grant the Owners an irrevocable, royalty-free, transferable license to collect and use the User Content for any purpose we deem fit including to facilitate our responses to You.

13.          The data supplied as input to or produced as output from the Software do not automatically fall under the copyright of this Software, but belong to whomever generated them.

14.          The Owners may collect general information about the use of the Software, including IP address and device information such as operating system and language. The Owners do not seek to identify individuals from this information. 

15.          If You choose to use the Software or correspond with the Owners, the Owners may collect personal information and other data including geographic information system (GIS) co-ordinates, property data, agricultural management data and asset data (Other Data) about You. The Owners may collect, use and disclose Your personal information and Other Data to deal with your the User Content, queries and concerns, contact You and administer and improve the Owners’ products and services (including the Software). The data collected may be stored on the Owners’ servers or third party servers. The Owners may disclose personal information in connection with working with service providers and facilitating any transfer or potential transfer of its business.

 

16.          The Owners makes no representation about the suitability of Software for any purposes.

17.          Each party hereto represents and warrants that they have the full unrestricted right to grant all rights and licenses granted to the other party herein.

18.          THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, AND WITHOUT ANY WARRANTIES AS TO NONINFRINGEMENT.

19.          IN NO EVENT SHALL THE OWNERS (AND THEIR EMPLOYEERS, CONTRACTORS AND SUBCONTRACTORS), DEVELOPERS AND CONTRIBUTORS 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 TORTIOUS CONDUCT, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.

20.          Without limitation of the foregoing, You agree to commit no act which, directly or indirectly, would violate any Australian law, regulation or treaty, or any international treaty or agreement to which Australia adheres or with which Australia complies, relating to the export or re-export of any commodities, software, or technical data.

21.  You may stop using the Software at any time for any reason, without notice to the Owners.

22.  The Owners may terminate, disable, block or suspend Your access to the Software:

(a)          immediately, if You breach, or the Owners suspect on reasonable grounds that You have breached, these Terms; or

(b)          on 7 days’ notice to You, at any other time for any other reason.

23.  All provisions which by their nature survive termination, including sections 3, 4, 5, 6, 8, 9, 10, 11, 12, 17 and 19 will survive termination of these Terms.

24.  You acknowledge that Your Content is generated based on the information and data that You input into the Software;

25.  You are responsible for:

(a)          all of Your activity on and in connection with the Software (including Your use of Third Party Sites, as defined in 38 below);

(b)          all of the content and details that You submit into the Software;

(c)          the User Content;

(d)          what you access on the Software;

(e)          how You interpret or use the Software and the User Content; and

(f)           any actions that You may take as a result of the Software or the User Content.

26.  You remain responsible for any breach of contract or infringement of any intellectual property or other rights of any third party in connection with the User Content.

27.  The Owners reserve the right to access, read, preserve and disclose any information as the Owners reasonably believe is necessary to:

(a)          satisfy any law or regulation;

(b)          enforce these Terms, including investigation of potential violations of these Terms;

(c)          detect, prevent or otherwise address fraud, security or technical issues; or

(d)          respond to support issues.

28.  Since electronic services are subject to interruption, breakdown and failure, access to the Software (including the quick links to contact numbers included in the Software) is offered on an ‘as is’ and ‘as available’ basis only.

29.  Nothing in these Terms is intended to exclude, restrict or modify rights which You may have under any law (including the Australian Consumer Law) which may not be excluded, restricted or modified by agreement (Your Consumer Rights). Your Consumer Rights include the right for services to be fit for their specified purpose and to be provided with care and skill. You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.

30.  Our liability for any failure by the Owners to comply with a Consumer Guarantee (other than a guarantee under sections 51, 52 or 53 of the ACL) or for any breach by the Owners of these Terms, is limited to at Our option: (i) replacing the Software or supplying an equivalent application, (ii) repairing the Software, (iii) paying the cost of replacing the Software or of acquiring an equivalent application or (iv) paying the cost of having the Software repaired.

31.  Subject to Your Consumer Rights, and clauses (a) and (b) above, we are not liable:

(a)          for any business-related loss (howsoever caused, including by our negligence) including loss of revenue, profits, contracts, anticipated savings, data, goodwill, opportunity, reputation or productivity; and

(b)          to the extent that your loss was contributed to by you or any other matter outside of our reasonable control.

32.  Other than Your Consumer Rights, any condition or warranty which would be implied by law into these Terms of the Software is excluded.

33.  If You suffer any loss in connection with the Software, You must take all reasonable steps to minimise Your loss, including notifying us without delay if there are steps the Owners can take to help minimise Your loss.

34.  The Software or website on which the Software is hosted may contain links to other websites or applications owned, operated or produced by third party organisations independent of the Owners (Third Party Sites). The links are provided for convenience only and the Owners have not verified and do not sponsor, endorse or approve the operators of, or any materials on (including information, products or services), those Third Party Sites.

35. If any provision of these Terms is invalid under the law of any jurisdiction, that provision is enforceable in that jurisdiction to the extent that it is not invalid, whether it is in severable Terms or not.

36. These Terms are governed by the laws of the Western Australia, Australia. The courts of the Western Australia, Australia (and the courts of appeal from them) have exclusive jurisdiction to resolve any disputes arising under or in connection with these Terms.

37. If the Owners fail to enforce any of their rights under these Terms, that does not mean the Owners waive those rights. If You fail to enforce any of Your rights under these Terms, that does not mean You waive those rights.

38. These Terms are personal to You and You may not assign or otherwise transfer any rights under these Terms without Our prior written consent. the Owners may assign or otherwise transfer Our rights and obligations under these Terms as the Owners require.

39. These Terms govern any upgrades provided by the Owners that replace and/or supplement the original Software, unless such upgrade is accompanied by separate Terms, in which case those Terms will govern the upgrade.

 

If You have any questions or complaints about the Software, please contact the Owners on the details below:

GRDC

Telephone number: (02) 6166 4500 Email address: grdc@grdc.com.au

Or

WAAA (via Department of Agriculture and Food WA)

Telephone number: (08) 9368 3333 Email address: enquiries@agric.wa.gov.au