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CMST OMURA DETECTION SOFTWARE
SOFTWARE LICENCE AGREEMENT
SINGLE USER LICENCE AGREEMENT
THE TERMS AND CONDITIONS OF THIS SOFTWARE AGREEMENT SHOULD BE READ CAREFULLY BEFORE INSTALLING THE ATTACHED SOFTWARE PACKAGE. BY INSTALLING THE SOFTWARE PACKAGE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENCE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENCE, DO NOT INSTALL THE SOFTWARE PACKAGE.
1. Licence. The Omura Detection Software is licensed, not sold, to you by Curtin University (‘the University’). This licence applies regardless of the format upon which the Omura Detection Software is provided, for example digital download, disk, compact disc read only memory, or any other media, as the case may be. All copies, modifications, enhancements and distributions of the Omura Detection Software are subject to the terms and conditions of this Licence.
2. Use. This Licence grants to you as an individual or other legal entity a non-exclusive right to install and use the Omura Detection Software upon one personal computer (PC).
3. Copies. You are allowed to make one (1) copy of the Omura Detection Software in machine readable form for backup purposes and one (1) copy for use on a portable or home computer. You must clearly reproduce on the backup or copy disk any copyright information shown on the original media of the Omura Detection Software.
4. Restrictions. You may not, whether in whole or part, sell or license the Omura software or any derivative thereof.
5. Termination. You agree that if any term or condition of this Licence is breached then the Licence shall terminate automatically. The University reserves the right to terminate this Licence by notice in writing to you. Upon a breach or written notice of termination you shall destroy the Omura Detection Software and all accompanying written materials. The provisions of clauses 6, 6A, 7 and 8 of this Licence shall survive termination.
6. No Warranty. The University does not warrant that the Omura Detection Software will be error free, that its use shall be uninterrupted, that it shall meet your requirements if they are other than as set out in the User Instructions, that it shall operate in combination with other programs of your choice or that it shall provide any function not designated in the User Instructions. Please request to peruse a copy of the User Instructions if you are in doubt. INSOFAR AS LIABILITY UNDER OR PURSUANT TO ANY ACT OF PARLIAMENT OR REGULATORY LEGISLATION WHETHER OF THE COMMONWEALTH OF AUSTRALIA OR ANY STATE OR TERRITORY OF THE COMMONWEALTH OF AUSTRALIA MAY NOT BE EXCLUDED THE ENTIRE LIABILITY OF THE UNIVERSITY AND YOUR SOLE REMEDY FOR ANY BREACH BY THE UNIVERSITY OF THE FOREGOING LIMITED WARRANTY SHALL BE, AT THE UNIVERSITY'S OPTION, REPLACEMENT OF THE MEDIA, REFUND OF THE PURCHASE PRICE OR REPAIR OR REPLACEMENT OF THE OMURA DETECTION SOFTWARE. THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY THE UNIVERSITY AND THE UNIVERSITY AND ITS LICENSORS, IF ANY, EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE UNIVERSITY SOFTWARE AND ANY ACCOMPANYING WRITTEN MATERIALS. SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OR LIMITATIONS OF IMPLIED WARRANTIES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6A. Acknowledgment by licensee. You acknowledge that the Omura Detection Software requires a functioning version of MATLAB, distributed separately by The MathWorks Inc.
7. Disclaimer of Warranty. Where any Act of Parliament implies in this Licence any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in this agreement, subject in all circumstances to the provisions of clause 6 hereof relating to any breach.
8. Limitation of Remedy and Damages. The University, its employees, servants, agents and licensors, as the case may be, shall in no event be liable to you for any consequential, incidental, indirect or special damages whatsoever (including without limitation, damages for loss of business profits, anticipatory profits, business interruption, loss of business information and the like) whether foreseeable or unforeseeable, arising out of the use of or inability to use the Omura Detection Software or any accompanying written materials, regardless of the basis of such and whether the University or any employee, servant, agent or licensor of the University may have been informed of the possibility of such damage. You agree that liability of the University for any direct damages arising from any cause whatsoever, regardless of the form of action, will be limited to the greater of $100 or the amount of money paid for the Omura Detection Software. THIS CLAUSE WILL NOT APPLY TO PERSONAL INJURY CLAIMS WHERE THE LAW OF THE JURISDICTION IN WHICH THE SOFTWARE WAS SOLD PROHIBITS SUCH EXCLUSION. THIS CLAUSE WILL NOT APPLY TO THE EXCLUSION OF INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES WHERE THE LAW OF THE JURISDICTION IN WHICH THE SOFTWARE WAS SOLD PROHIBITS SUCH EXCLUSIONS.
9. General. This licence shall be subject to the applicable laws of the Commonwealth of Australia and the laws of the State of Western Australia, except for the body of law relating to conflicts of law. If any provision of this agreement is held invalid, unenforceable or illegal for any reason, this agreement shall remain otherwise in full force apart from such provision which shall be deemed deleted. If you are a U.S. Government user then the Omura Detection Software is provided with "RESTRICTED RIGHTS" as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at FAR 52, 227-19 or subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at FAR 252.277-7013, as applicable and as may have been amended, varied or supplanted from time to time.
10. Copyright and Acknowledgement. The Omura Detection Software © Curtin University 2020. All rights reserved. Commercial organisations, consultants and contractors using the Omura Detection Software for the purpose of audit (whether performed for consideration or not) must acknowledge the Centre for Marine Science and Technology, Curtin University, as the creator of the original Omura Detection Software on all material delivered to the end user (their client). Academic publications based on the Omura Detection Software should cite the original publication: Madhusudhana, S., Murray, A., and Erbe, C. (2020). Automatic detectors for low-frequency vocalizations of Omura's whales, Balaenoptera omurai: A performance comparison. The Journal of the Acoustical Society of America, 147(5), 3078-3090, doi: 10.1121/10.0001108.
I have read the Single User Licence Agreement and accept its terms.