Regional Ecosystem Data Licence
Department of Environment and Resource Management - User Licence for Licensed Data: Extract of Remnant Regional Ecosystem Data
1. Licence
1.1 The State of Queensland as represented by the Queensland Herbarium, Department of Environment and Resource Management (DERM), the Licensor, is the owner of the intellectual property rights including copyright in and to the Licensed Data or has the right to make this data available under licence arrangements .
1.2 The DERM grants you, the Licensee, a non-exclusive, non-transferable licence to use the Licensed Data subject to the conditions set out in this Agreement.
1.3 Where the Licensor and the Licensee are not separate legal entities these licence conditions operate as a memorandum of understanding.
2. Permitted use
2.1 You may use the Licensed Data for your own purposes (including supply to consultants for a specific consultancy project for you but the consultant must return or destroy the Licensed Data when the project is finished).
2.2 You may create and distribute hardcopy products and non-editable digital images (eg: pdf files) based on or containing the Licensed Data, provided they are distributed at no charge and revenue is not generated to offset any free distribution (eg. advertising).
3. Prohibited use
3.1 You must not supply or sell the Licensed Data to any third party.
3.2 You must not use the Licensed Data for direct marketing or use the Licensed Data in breach of the privacy laws.
4. Your obligations
4.1 You must indicate your acceptance of the terms of this Agreement using the Method of Acknowledging Agreement below.
4.2 You must include this notice on any copies of the Licensed Data however altered, reformatted or redisplayed:
The State of Queensland (Department of Environment and Resource Management) [year]. While every care is taken to ensure the accuracy of the Information Product, the Department of Environment and Resource Management makes no representations or warranties about its accuracy, reliability, completeness or suitability for any particular purpose and disclaims all responsibility and all liability (including without limitation, liability in negligence) for all expenses, losses, damages (including indirect or consequential damage) and costs which you might incur as a result of the product being inaccurate or incomplete in any way and for any reason.
4.3 You must include this notice on any created products or images:
Map disclaimer: [YEAR OF DATA] Regional Ecosystem Map, Date: dd/mm/yy. Regional ecosystem linework reproduced at scale greater than 1:100,000, except in designated areas, should be used as a guide only. The positional accuracy of RE data mapped at a scale of 1:100,000 is +/- 100 metres. Regional ecosystem mapping reproduced with permission of Department of Environment and Resource Management [year]. While every care is taken to ensure the accuracy of the Information Product, the Department of Environment and Resource Management makes no representations or warranties about its accuracy, reliability, completeness or suitability for any particular purpose and disclaims all responsibility and all liability (including without limitation, liability in negligence) for all expenses, losses, damages (including indirect or consequential damage) and costs which you might incur as a result of the product being inaccurate or incomplete in any way and for any reason.
5. Disclaimer and Indemnity
5.1 DERM makes no representations or warranties about the accuracy, reliability, completeness or suitability for any particular purpose of the Licensed Data.
5.2 You agree that DERM is under no liability (including, without limitation, liability in negligence) for any loss or damage (including consequential damage) that you may suffer from use of the Licensed Data.
5.3 You agree to continually indemnify the State of Queensland and DERM 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 Licensed Data or any product made from the Licensed Data.
Last updated: 27 April 2009