Image License

IMAGE License Agreement – The Images: The photographic images described as Dataset A, comprised of landscapes, office scenes, close-ups, fruit vegetables & flowers, human portraits, and such other data sets or images as may be included, subject to the terms of this License Agreement

PLEASE READ THIS IMAGE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, OR USING IMAGES SUPPLIED BY NICTA. BY SIGNIFYING YOUR ACCEPTANCE OF THESE TERMS IN THE COMMAND LINE, OR BY DOWNLOADLING OR USING THE IMAGES, YOU ARE CONSENTING TO BE BOUND BY THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE, THEN DO NOT DOWNLOAD OR USE THE IMAGES.

This License Agreement is entered into between:

National ICT Australia Limited (ABN 62 102 206 173) of Level 5,13 Garden Street, Eveleigh NSW 1430, Australia (“NICTA”, herein referred to as “Licensor”)

and

You, (the “Licensee”).

The Images and related documentation and materials (herein collectively referred to as “the Images”) are licensed, not sold, to the Licensee for use only upon the terms of this license, and Licensor reserves any rights not expressly granted to Licensee. The following terms govern use of the Images by the Licensee.

  1. Licensor hereby grants Licensee a non-exclusive, non-sub-licenseable, royalty-free license to use the Images in accordance with the terms and conditions of this Agreement and strictly limited to the Purpose described in clause 2. By using the Images, Licensee represents and warrants that Licensee has the legal capacity to enter into this Agreement and that Licensee (if Licensee is an individual) is equal to or older than the minimum age required by Licensee’s jurisdiction to enter into contracts without parental consent.
  2. PURPOSE: Licensee’s use of the Images is limited to non-commercial imaging spectroscopy research and development in an educational and academic environment, solely in conjunction with Licensor’s viewing and analysis tool known as ‘Scyven’ (available by separate download). Some examples of non-commercial purposes are teaching, academic research, public demonstrations and personal experimentation. Licensee may not re-distribute the Images.Licensee may not use the Images in any form for any other commercial or non-commercial purpose.
  3. TERM: The Term of this License is indefinite, commencing upon the date of download and terminating when NICTA gives notice of termination to you. After the license terminates or expires, Licensee will comply with clause 11.
  4. Licensee may not:
    • a) rent, lease, transfer, assign, sub-license or otherwise transfer rights to the Images unless expressly permitted under this Agreement;
    • b) sell or market the Images to any third party;
    • c) use the Images or the Services for any unlawful purpose including but not limited to transmitting or communicating data that is harmful, disparaging, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
    • d) use the Images to infringe the rights of a third party, including a party’s intellectual property rights; or
    • e) remove any proprietary notices or labels on the Images.
  5. Title, ownership rights, and intellectual property rights in and to the Images and any derived works shall remain solely with Licensor.
  6. Licensee hereby agrees that Licensee uses the Images and any results or outcomes obtained from its use at Licensee’s own risk.
  7. To the extent permitted by law, the Images are provided on an “AS IS” basis without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement.
  8. Except to the extent required by applicable law, Licensor shall not be under any liability (whether for breach of contract, breach of warranty or in tort, including negligence, whether arising under statute or common law) to Licensee in respect of any loss or damage (including any direct, indirect, special, incidental or consequential loss or damage) howsoever caused, arising as a result of this Agreement. In no event shall Licensor’s total liability to Licensee for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00).
  9. Licensee will at all times indemnify Licensor, its officers, employees, representatives, subcontractors and agents (in this clause referred to as ‘those indemnified’) from and against any loss (including legal costs and expenses on a solicitor/own client basis), or liability, reasonably incurred or suffered by any of those indemnified arising from any claim, suit, demand, action or proceeding by any person against any of those indemnified arising from Licensee’s use of the Images.
  10. Licensee agrees to maintain and reproduce all copyright and other proprietary notices on all copies, in any form, of the Images in the same form and manner that such copyright and other proprietary notices are included on the Images including any copyright and other notices required under any Third Party Licenses. Except as expressly authorized in this Agreement, Licensee shall not make any copies or duplicates or the Images without the prior written permission of Licensor. Licensee may make such backup copies of the Images as may be necessary for Licensee’s lawful use, provided Licensee affixes to such copies all copyright, confidentiality, and proprietary notices that appear on the original.
  11. This license will terminate automatically if Licensee breaches this Agreement. Licensor may terminate this license at any time upon written notice to the Licensee. On termination, Licensee must destroy all copies of the Images in electronic or other form, including any copies on backup tapes or other media, and, at Licensor’s request, the Licensee, to the extent practicable, shall deliver to Licensor certification that all copies of the Images have been destroyed.
  12. Licensee agrees that Licensor reserves the right to update and change the terms of this Agreement from time to time without any notice. Continued use of the Images after any changes shall constitute Licensee’s consent to such changes. The most current version of the terms and conditions of this Agreement can be found at: http://scyllarus.research.nicta.com.au/data/image-license/
  13. Licensee may not assign or novate this Agreement at any time.
  14. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under the laws of the State of New South Wales, Australia. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.