License for Non-Commercial Use of Land Information provided by Department of Energy, Mines, Industry Regulation and Safety

PERMISSION TO USE THIS DATA IS CONDITIONAL UPON YOU, THE CUSTOMER, AGREEING TO THE TERMS SET OUT BELOW. DO NOT USE THIS DATA UNTIL YOU HAVE READ, UNDERSTOOD, AND ACCEPTED ALL THE TERMS OF THIS AGREEMENT, AND WISH TO BECOME A LICENSEE. ACCEPTANCE SHALL BIND YOU AND ALL OF YOUR EMPLOYEES TO THE TERMS OF THIS AGREEMENT. YOUR USE OF THIS DATA WILL BE DEEMED TO BE YOUR ACCEPTANCE OF THE FOLLOWING TERMS.

The information provided is interpretative. The information is made available in good faith and derived from sources believed to be reliable and accurate at the time of release. Every effort has been made to make the information a useful reference. However, you should not rely solely on this information when making a commercial decision.

Subject to the terms and conditions provided below, the Department of Energy, Mines, Industry Regulation and Safety W.A., on behalf of the State of Western Australia ("The Licensor"), having its office situated at 100 Plain Street, East Perth, WA, 6004 Australia, hereby grants the following licence to you ("The Licensee") to use the data provided.

1. Licence:

1.1 The State of Western Australia is the owner of the copyright of data, held in digital form on its behalf by the Licensor.

1.2 The Licensor grants to the Licensee a non-exclusive and non-transferable licence to use the data.

1.3 The Licensee acquires only the right to use the data whilst this agreement is in effect and does not acquire any rights of ownership.

1.4 Copyright over the data shall at all times remain the property of the State of Western Australia, under the custodianship of the Licensor.

1.5 The Licensee acknowledges that it shall use the data at its own risk and agrees that neither the Licensor nor any employee or agent of the Licensor shall be liable for any loss or damage occasioned to the Licensee by provision of the data under this agreement or use of them by the Licensee.

1.6 The Licensee may make sufficient copies of the data as required for security and archival purposes.

1.7 The Licensor will not be responsible for the maintenance of the application and data as supplied.

1.8 No warranties or undertakings, express or implied, statutory or otherwise, as to the condition, quality or fitness for the Licensees purposes are provided with this data. It is the responsibility of the Licensee to ensure that the data supplied meets its own individual requirements.

1.9 All stamp duties and governmental charges arising out of or incidental to this Agreement shall be the responsibility of and payable by the Licensee.

2. Licensee Obligations:

2.1 The copying, exchange, sale or release of the data (in part or whole, or other derived forms or hardcopy versions) for third party use cannot be undertaken without prior notification and written agreement of the Licensor.

2.2 If products derived from the data provided through this agreement are to be released for external purposes, the Licensor shall be given a copy of the derived product. The Licensor shall also be given adequate opportunity (prior to their release) to evaluate the results.

2.3 The Licensee shall ensure that all products developed from or incorporating the supplied data or part thereof, bears an acknowledgment that the State of Western Australia is the owner of the copyright of that data, and the Licensor is the source of the supplied data.

3. Term and Termination:

3.1 This licence commences upon acceptance these conditions and is granted in perpetuity, but may be terminated in the following circumstances:

a) if the Licensee is in breach of any term of this agreement;
b) if the Licensee is wound up, or has a liquidator, receiver or manager or receiver and manager appointed;
c) if the Licensee destroys the data for any reason;
d) either party gives to the other one months notice in writing of termination.

3.2 Upon termination of this Agreement, the Licensee shall make every reasonable attempt to delete and expunge from its systems and records and return to the Licensor all copies of the data in its possession except those required to be kept by the Licensee by force of statute.

4. Indemnity:

4.1 The Licensee agrees to indemnify the State of Western Australia, the Licensor, and its officers and employees in respect of all claims and consequences for loss, damage or injury suffered by the Licensee or any other person or corporation resulting from the use by the Licensee or any other person or corporation of the data or any part thereof, or of derived information products produced from the data.

5. Governing Law:

5.1 This Agreement shall be read and construed according to the Laws of the State of Western Australia and the parties submit to the jurisdiction of that State.

6. Disputes:

6.1 Disputes between the parties shall be submitted to arbitration pursuant to the provisions of the Commercial Arbitration Act, 1985.

Last Updated: 27th June 2012, MTD version 1