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Terms & Conditions
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DISCLAIMER
OF LIABILITY
This website and its content are provided "as is" and
CSIRO excludes to the fullest extent permitted by applicable law any
warranty, express or implied, including, without limitation, any implied
warranties of merchantability, satisfactory quality or fitness for a particular
purpose. The functions embodied on, or in the materials of, this website are
not warranted to be uninterrupted or without error. You, not CSIRO,
must take your own precautions to ensure that whatever you select for
your use from this website is free of viruses and anything else, and you
assume the entire cost of all necessary servicing, repair or correction
due to your use of this website.
Except as specifically stated in these Terms and Conditions of Use, the Privacy
Policy, or elsewhere on this website, or as otherwise required by
applicable law, CSIRO nor its employees, licensors, content providers,
affiliates or other representatives will not be liable for damages
of any kind (including, without limitation, lost profits, direct, indirect,
compensatory, consequential, exemplary, special, incidental, or punitive
damages) arising out of your use of, your inability to use, or the performance
of this website or the Content whether or not we have been advised of
the possibility of such damages.
CSIRO uses reasonable efforts to ensure the accuracy, correctness
and reliability of the Content, but we make no representations or warranties
as to the Content's accuracy, correctness or reliability.
This general disclaimer is not restricted or modified by any of the following
specific warnings and disclaimers.
There may be links to other websites from the CSIRO website.
These links are provided for convenience only and should not be construed
as any endorsement, approval, recommendation or preference by us of the
owners or operators of the linked websites, or for any information, products
or services referred to in those websites. Unless expressly stated in
this website, CSIRO has no control over or rights in those linked
websites and we are not responsible for any content contained on any such
website or any loss suffered by you in relation to your use of such websites.
You waive any and all claims against CSIRO regarding the inclusion
of links to outside websites or your use of those websites.
We reserve the right to change these Terms and Conditions of Use, the
Privacy Policy, prices, information and available contractual license
terms featured on this website without notice. The terms and conditions,
along with the relevant website licence, set out the entire agreement
between CSIRO and you relating to your use of this website.
Should there be any inconsistency between the terms and conditions and
a particular CSIRO Image Licence, then the terms and conditions
of the particular Image Licence shall prevail.
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OWNERSHIP
OF THIS WEBSITE
This website is owned and operated by CSIRO. All of the
content featured or displayed on this website, including, but not limited
to, text, graphics, photographs, images, moving images, sound,
illustrations and software ("Content") is owned by CSIRO, it licensors or
its content providers.
Any intellectual property rights in the Content are owned by CSIRO,
its licensors and/or content providers and are protected by Australian
copyright laws, international treaty provisions and other applicable laws.
CSIRO and its licensors retain all rights not expressly granted
by this agreement. The Images are licensed only to you or your employer,
if you are licensing on behalf of your employer.
All elements of CSIRO websites, including,
but not limited to, the general design and the Content, are protected
by copyright, moral rights, trademark and other laws relating to
intellectual property rights. Except as expressly permitted in writing by CSIRO,
no portion or element of this website or its Content may be copied
or retransmitted by any form or means and this website, its Content and all
related rights shall remain the exclusive property of CSIRO, its
licensors or its content providers. You shall indemnify CSIRO, its licensors
and its content providers against any direct, indirect and/or consequential
losses, expenses, costs or damages incurred by any or all of them as a
result of your breach of the terms of this Agreement or your unauthorised
use of the Content and related rights.
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PRIVACY POLICY
CSIRO fully respects your rights to privacy and utilises the
following practices in regard to any information we are provided or obtain
about users of this website.
In order to fulfil licensing transactions or provide service to you
as a customer of CSIRO, we may require you to provide certain information
to us such as name, contact information or other registration information).
By providing this information to CSIRO, you are agreeing to
allow us to utilise this information to complete transactions you request
through this website and to disclose that information and details of all
such transactions to CSIRO's various worldwide offices, subsidiaries,
affiliates and any necessary payment processors. Because of the nature
of the internet, such data may pass through any country.
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GOVERNING
LAW AND VENUE
This agreement shall be interpreted, construed and governed by the
laws of the State of Victoria, Australia. Notwithstanding the foregoing,
however, CSIRO shall have the right to commence and prosecute any
legal or equitable action or proceeding before any non-Australian court of
competent jurisdiction to obtain injunctive or other relief in the event that,
in the opinion CSIRO, such action is necessary or desirable.
No action of CSIRO, other than an express written waiver or
amendment, may be construed as a waiver or amendment of any of these Terms
and Conditions of Use or Privacy Policy. Should any clause of these Terms
and Conditions of Use or Privacy Policy be found unenforceable, wherever
possible this will not affect any other clause and each will remain in
full force and effect.
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WARRANTY
CSIRO warrants the digital copy of the Image and Software in
the form downloaded by you to be free from defects in material and workmanship
for 90 days from delivery. The sole and exclusive remedy for a breach
of the foregoing warranty is the replacement of the digital copy of the
Image and Software or refund of the purchase price, CSIRO 's
option.
CSIRO makes no other warranty, express or implied, including,
without limitation, any implied warranties of merchantability or fitness
for a particular purpose. Neither CSIRO nor its licensors or
content providers shall be liable to you or any other person or entity
for any general, special, direct, indirect, consequential, incidental,
or other damages arising out of this license or otherwise.
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GENERAL
The Image Licence will terminate automatically without
notice from CSIRO if you or your employer fail to comply with
any provision of this agreement. Upon termination, you and your
employer must immediately (i) stop using the Image(s), (ii) return the Image(s) and
all copies to CSIRO, and (iii) delete the Image(s) and all copies
from all magnetic media and destroy all other copies, or upon request
of CSIRO, return all such copies to CSIRO. Use of the Image(s)
must be in compliance with all applicable law, including, but not limited
to, laws and regulations relating to currency and the law of moral rights.
CSIRO reserves the right to discontinue the use of any Image for
any reason and elect to replace the Image with an alternate Image. Upon
notice of any discontinuance of a license for a particular Image, you,
your employer and your client, if applicable, agree not to use the
Image in the future.
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