DATA LICENCE AGREEMENT:

COMMUNITY ACCESS TO NATURAL RESOURCES INFORMATION (CANRI)NSW GOVERNMENT Data Licence AgreementIt is hereby agreed that:1. Preamble1.1. The "Dataset" is supplied by the Community Access to Natural Resources Information (CANRI) Program on behalf of the NSW Government (the "Licensor") to the "Licensee". In consideration of the CANRI Disclaimer, the Licensor grants a non-exclusive, non transferable licence to the Licensee to use the Dataset only for the purpose(s) specified by the Licensee in the Spatial Data Download Online Registration Form on the CANRI website.2. Commencement and Term2.1. This Agreement will commence on the date when the Licensee has downloaded the Dataset from the CANRI Spatial Data Download website, and shall continue for an indefinite term.3. Licence3.1. The Licensor hereby grants to the Licensee a non-exclusive non-transferable license to use the intellectual property in the Dataset in accordance with the terms and conditions of this Agreement.3.2. All intellectual property rights, including copyrights, in the Dataset are and shall remain the property of the Licensor, and the Licensor may use or sub-licence them as appropriate.4. Licensee's Obligations4.1. The Dataset provided under this Agreement is for the exclusive use of the Licensee; it may not be copied, transferred or adapted, in whole or in part, to any other persons or organisations without the express written permission of the Licensor.4.2. The Licensee shall not use the Dataset for any purpose other than that by the Licensee specified in the Spatial Data Download Online Registration Form on the CANRI website.4.3. The Licensee agrees to keep the Dataset confidential, and subject to the terms of this Agreement, the Licensee must not permit any other person to use the Dataset.4.4. The Licensee shall use adequate security measures to protect the Dataset from unauthorised use, distribution or publication.4.5. The Licensee accepts responsibility for the acts and defaults of all persons using the Dataset.4.6. The Licensor makes no guarantee to provide upgrades of the Dataset to the Licensor.5. Errors and Omissions in the Dataset5.1. The Licensee acknowledges that the Dataset has not been fully tested by the Licensor and may contain omissions and errors and that it must rely on its own examination, skill and expertise in determining whether the Dataset is capable, suitable or safe for a particular application and use, or any application and use at all.5.2. The Licensee acknowledges that quality of the Dataset lies with the custodian agency, as identified in the ANZLIC metadata statement included in the download.5.3. The Licensee acknowledges that the Dataset has not been developed for use on the Licensee's own software and that the Licensor makes no warranties in relation to the Licensee's software being able to utilise the Dataset. The Licensee must rely on its own skill and expertise in determining whether it will be able to utilise the Dataset.6. Liability6.1. The Licensee hereby releases and indemnifies, and will keep harmless and indemnified, the Licensor from and against all liability whatsoever arising out of the use of the Dataset or otherwise whether for breach of this Agreement by the Licensor, negligence, injury, death, economic loss, loss of reputation or damages incidental or consequential to the provisions of this Agreement.7. Law of Agreement7.1. This Agreement will be covered by and construed in accordance with the law for the time being in force in the State of New South Wales.

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