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Terms of Service

The Stocktake GLM App: Software Licence

Grant of licence

  1. All intellectual property rights in the Stocktake GLM app are retained by the State of Queensland through the Department of Agriculture and Fisheries (DAF) - the Sole Owner).
  2. The Sole Owner hereby grant you a non-exclusive and non-transferable licence to use the Stocktake GLM app package and documentation on the following terms and conditions.

Use of the Stocktake GLM App

  1. Subject to the restrictions on use set out in clauses 6 to 8, if you are an individual acting in your personal capacity, you may download the Stocktake GLM app for use on any device you own or control.
  2. Subject to the restrictions on use set out in clauses 6 to 8, if you are a commercial enterprise or educational institution, you may download the Stocktake GLM app for use by either:
    • a single individual on one or more devices used by that individual that you own or control; or
    • multiple individuals, on a single shared device you own or control.
  3. For the avoidance of doubt, each device used by multiple users requires a separate licence.
  4. You must only use the Stocktake GLM app in relation to grazing land management and/or primary production. You must not and must not authorise others to, without the prior written consent of the Sole Owner, derive any remuneration from the use of the Stocktake GLM app other than through grazing land management and/or primary production.
  5. Without limiting clause 6, you must not and must not authorise others to commercialise any reports or data produced by the Stocktake GLM app.
  6. You must not, and must not authorise others to:
    • distribute copies of the Stocktake GLM app without the prior written consent of the Sole Owner.
    • use the Stocktake GLM app for unlawful purposes, misuse of the Stocktake GLM app, or use of the Stocktake GLM app with the intention of encroaching upon the privacy of an individual or company or another organisation.
    • engineer, decompile, disassemble or create derivative versions from the Stocktake GLM app; or
    • sell, rent, lease, sublicense, assign, exchange or otherwise dispose of the Stocktake GLM app.
  7. Each copy of the Stocktake GLM app must contain all of the original proprietary notices, disclaimers and licence including the below copyright notices of the Sole Owner.

Copyright

© 2021 The State of Queensland, Department of Agriculture and Fisheries ABN 6693 4348 189

  1. The Stocktake GLM app is subject to copyright. Without excluding or limiting the application of the Copyright Act 1968 (Cth), you are not permitted to copy in whole or part, of the Stocktake GLM app except for backup purposes and to load the Stocktake GLM app into devices you own or control as part of executing the Stocktake GLM app in accordance with this licence. All other reproductions or copies of the Stocktake GLM app are in violation of this licence and the Copyright Act 1968 (Cth).

Use of names

  1. You must not without written permission:
    • use the name or any trademark or logo of DAF; or
    • claim any sponsorship, endorsement, approval, affiliation or other association with DAF.
  2. This licence is effective until terminated by you or the Sole Owner.
  3. Your rights under this licence will terminate automatically and with immediate effect if:
    • all copies of the Stocktake GLM app in your possession are destroyed; or
    • you fail to adhere to the conditions of this licence or the provisions of the Copyright Act 1968 (Cth).
  4. Upon termination of this licence, you must cease all use of the Stocktake GLM app and destroy all copies, full or partial, of the Stocktake GLM app.

Use at your own risk

  1. You are responsible for determining that the Stocktake GLM app is suitable for your own use or purpose.
  2. You accept sole responsibility and risk associated with:
    • your use of the Stocktake GLM app; and
    • your use of reports, data or any other results produced by the Stocktake GLM app, irrespective of the purpose to which such use, reports, data or results are applied.

Liability, indemnity and limited warranty

  1. The Competition and Consumer Act 2010 (Cth) may confer rights, guarantees and remedies on you in relation to the provision by the Sole Owner of goods and services, which cannot be excluded, restricted or modified. The Sole Owner does not exclude those rights. All other terms and guarantees are excluded.
  2. Liability for breach of any consumer guarantee, which cannot be excluded, is limited at the option of DAF to:
    • in the case of goods supplied or offered by the Sole Owner, which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, replacing, supplying equivalent, repairing or paying the cost of replacing, supplying equivalent, repairing goods; or
    • in the case of services supplied or offered by the Sole Owner, which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, resupplying or paying the cost of resupplying the service.
  3. Except for rights, guarantees and remedies which cannot be excluded, the Sole Owner is not liable to you or to any third party for any losses, costs or expenses, including any direct or indirect, incidental, consequential, special or exemplary damages or lost profit, resulting from any use or misuse of the Stocktake GLM app or the information contained on the Stocktake GLM app.
  4. Subject to clause 17, you (the purchaser or user of the Stocktake GLM app, or the user of the data contained in the Stocktake GLM app) acknowledge and agree that:
    • DAF makes no representations or warranties in relation to the Stocktake GLM app.
    • you accept all responsibility and risks associated with the use of the Stocktake GLM app; and
    • to the extent permitted by law, all warranties relating to accuracy, reliability, completeness, currency or suitability for any particular purpose and all liability for any loss, damage or costs (including consequential damage) incurred in any way (including but not limited to that arising from negligence) in connection with any use of or reliance on the Stocktake GLM app are excluded or limited.
  5. You agree to indemnify DAF and their officers and employees against any loss, cost, expense, damage and liability of any kind (including consequential damage and liability in negligence) arising directly or indirectly from or related to any claim relating to your use of the Stocktake GLM app or any product made from your use of the Stocktake GLM app.
  6. Your liability to indemnify DAF will be reduced proportionally to the extent that any negligent act or omission or breach of this licence by DAF caused the loss or liability.

General

  1. The Sole Owner reserves the right at any time to vary this licence. Such variations will be effective immediately and incorporated into this licence.
  2. Any term which is held to be illegal, invalid or unenforceable will be severable and will not affect or impair the legality, validity or enforceability of the remaining terms.
  3. This licence is governed by the laws of the State of Queensland, Australia.
  4. This licence constitutes the entire agreement between the Sole Owner and you in relation to the subject matter it deals with and supersedes all previous agreements or understandings between the parties in connection with its subject matter.

Privacy

  1. You agree and acknowledge that the Stocktake GLM app customer data will be stored on a server (in Australia) and remain confidential. You acknowledge that no third party (including DAF or the Queensland State Government) can access the Stocktake GLM app customer data.