% SW_COPY Copyright and licence information on SEAWATER library. % ================================================================= % SW_COPY $Id: sw_copy.m,v 1.1 2003/12/12 04:23:22 pen078 Exp $ % Copyright (C) Phil Morgan 1993 % % SOFTWARE LICENCE AGREEMENT % % 1.0 Grant of Licence % % 1.1 The CSIRO Division of Oceanography (herein referred to as % "CSIRO") hereby grants you (hereinafter referred to as % the "Licencee"), subject to the Licencee agreeing to % comply with the terms and conditions of this Agreement, a % non-transferable, non-exclusive licence to use the % computer programs described in this document (hereinafter % referred to as the "Software") for the purpose of % the Licencee's computing activity. % % 1.2 CSIRO hereby grants the Licencee the right to make copies % of the Software for the purpose of the Licencee's % computing activity only. % % 1.3 The benefit of the rights granted to the Licencee by the % Licence and this Agreement generally shall be personal to % the Licencee and the Licencee shall not mortgage, charge, % assign, rent, lease, sell or otherwise dispose of or % transfer the same or any part to any third party. % % 1.4 Unless otherwise agreed in writing or provided for in % this Agreement, CSIRO shall be under no obligation or % responsibility to provide the Licencee with any training, % maintenance services, enhancements or updates of the % Software or any services whatsoever. % % 2.0 Acknowledgment by the Licencee % % 2.1 The Licencee acknowledges and agrees that it shall not: % % (i) sell, let for hire or by way of trade, offer or % exhibit or expose for sale or hire or otherwise % distribute the Software for the purposes of trade or % any other purpose; % % (ii) authorise or assist any third person to do any % of the acts set out in (i) above; % % (iii) modify the Software source code without advising % CSIRO. % % 2.2 The Licencee agrees that: % % (a) CSIRO is the owner of all copyright and other % Intellectual Property Rights subsisting in the % Software; % % (b) this document must be properly cited in any % publication reporting results derived from this % document or obtained from application and use of this % software. Any of the Licencee's documentation % describing results generated by the Licencee's % use of the Software will contain an acknowledgement % of CSIRO's ownership of the Software; % % (c) CSIRO reserves all rights in the Software other than % the rights granted to the Licencee by this % Agreement; % % (d) each item of the Software will display a banner % summarising the terms of this Agreement and % acknowledging the source of the Software, and the % contents of a banner will not be modified and its % display will not be inactivated by the Licencee % without the approval of CSIRO. % % 3.0 Indemnity % % 3.1 To the full extent permitted by law, CSIRO excludes any % and all liability in respect of any loss or damage, % whether personal (includes death or illness) or of % property and whether direct, consequential or special % (including consequential financial loss or damage) of % the Licencee, its officers, agents and employees or any % third party howsoever caused, which may be suffered or % incurred or which may arise directly or indirectly in % respect of or arising out of the Licencee's use or % inability to use the Software or the failure or omission % on the part of CSIRO to comply with the conditions and % warranties under this Licence Agreement. Insofar as % liability for loss or damages under or pursuant to such % legislation cannot be excluded, CSIRO's liability for % loss or damages shall be limited to the amount of One % Dollar ($1.00). % % 3.2 CSIRO make no warranties, expressed or implied, and % excludes all other warranties representations, terms or % conditions, whether express or implied, oral or written, % statutory or otherwise, relating in any way to the % Software, or to this Agreement, including any implied % warranty of merchantability or of fitness for particular % purpose. To the full extent permitted by the law of the % Commonwealth of Australia or the laws of any State or % Territory of Australia, any conditions or warranties % imposed by such legislation are hereby excluded. In so % far as liability under or pursuant to such legislation % may not be excluded, CSIRO's liability to the Licencee % pursuant to this Agreement shall be limited as set out in % clause 3.1 hereof. % % 3.3 The Licencee acknowledges and agrees that the Software % was developed for CSIRO research purposes and may have % inherent defects, errors or deficiencies, and that it is % the responsibility of the Licencee to make its own % assessment of the suitability of the Software for the % purpose of the Licencee's computing activity. The % Licencee will use the Software, and advice, opinions or % information supplied by CSIRO, its officers, employees or % agents concerning the Software at the Licencee's own % risk. % % 3.4 The Licencee hereby releases and indemnifies and shall % continue to release and indemnify CSIRO, its officers, % employees and agents from and against all actions, % claims, proceedings or demands (including those brought % by third parties) which may be bought against it or them, % whether on their own or jointly with the Licencee and % whether at common law, in equity or pursuant to statute or % otherwise, in respect of any loss, death, injury, illness % or damage (whether personal or property, and whether % direct or consequential, including consequential % financial loss) and any infringement of copyright, % patents, trade marks, designs or other Intellectual % Property Rights, howsoever arising out of the Licencee's % exercise of its rights under this Agreement and from and % against all damages, costs and expenses incurred in % defending or settling any such claim, proceeding or % demand. % % 3.5 The Licencee's obligation to indemnify CSIRO and its % officers, employees and agents set out in clause 3.4 % hereof is a continuing obligation separate from % and independent of the Licencee's other obligations under % this Agreement, and shall survive all expiration or % termination of this Agreement. % % 4.0 Termination % % 4.1 The Licence shall terminate immediately upon the Licencee % breaching any term or condition of this Agreement whether % or not CSIRO is aware of the occurrence of the breach at % the time that it happens. % % 4.2 CSIRO may terminate the Licence on reasonable grounds by % notice in writing to the Licencee, and such notice of % termination shall be effective immediately upon receipt % by the Licencee. % %========================================================================= more on help sw_copy more off return %--------------------------------------------------------------------