DAAO END USER LICENCE AGREEMENT: NON COMMERCIAL

Licence

THE WORK IS PROVIDED UNDER THE TERMS OF THIS LICENCE AGREEMENT ("LICENCE"). THE WORK IS PROTECTED BY COPYRIGHT. USE OF THE WORK IS STRICTLY CONTROLLED BY THE COPYRIGHT ACT 1968 AND THE TERMS OF THIS LICENCE. BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENCE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.

This Licence enables You to view, edit, modify, translate and copy the Works for Non Commercial use, and to disseminate the Works (and Derivative Works and Collective Works) with further prior consent, provided that You credit the Author where You use the Works.

'The Licensor' University of New South Wales

and

'You' , the person exercising the rights granted under this Licence

agree as follows:

1. Definitions

a. "Attribution" means acknowledging all the parties who have contributed to and have rights in the Work, Derivative Work or Collective Work under this Licence.

b. "Author" means the individual (or entity) who created the Work.

c. "Collective Work" means the Work in its entirety in unmodified form along with a number of other separate and independent works, assembled into a collective whole.

d. "DAAO" means the publicly viewable website of the Dictionary of Australian Artists Online.

e. "Derivative Work" means any work created by the editing, modification, adaptation or translation of the Work in any media (however a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this Licence). For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this Licence.

f. "Licence" means this agreement and the rights granted in clause 2.1, as context dictates.

g. "Moral Rights Law" means laws under which an individual who creates a work protected by copyright has rights of integrity of authorship of the work, rights of attribution of authorship of the work, rights not to have authorship of the work falsely attributed, or rights of a similar or analogous nature in the work anywhere in the world.

h. "Non-Commercial" means "not intended for or directed, whether wholly or partly, towards commercial advantage or private monetary compensation". The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed towards commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.

i. "Project" means the project led by UNSW to put and maintain literary works into the DAAO.

j. "Term" means while the DAAO, or any replacement or substitute website created during the Project, exists.

k. "Work" means the DAAO and any part of it.

l. For the purpose of this Licence, when not inconsistent with the context, words in the singular number include the plural number.

2. Licence Terms

2.1 Subject to the remainder of clause 2, the Licensor hereby grants to You a worldwide, royalty-free, non-exclusive, Licence for Non-Commercial use for the Term.

2.2 You specifically acknowledge that the Licence may be limited, restricted or terminated by the Licensor at any time, in its absolute discretion.

2.3 You may:

1. copy the Work;
2. create one or more Derivative Works;
3. incorporate the Work into one or more Collective Works;
4. copy Derivative Works or the Work as incorporated in any Collective Work.

2.4 HOWEVER, You must not:

1. publish, distribute, archive, perform or otherwise disseminate the Work, Derivative Works or the Work as incorporated in any Collective Work in any material form in any media whether now known or hereafter created, unless the Licensor has first given You its written consent. Any such consent will be subject to the terms and conditions of this Licence;
2. do anything that excludes or modifies, or is intended to exclude or modify the rights of the Author under copyright and Moral Rights Law;
3. impose any terms on the use to be made of the Work, the Derivative Work or the Work as incorporated in a Collective Work that alter or restrict the terms of this Licence or any rights granted under it or has the effect or intent of restricting the ability to exercise those rights;
4. falsely attribute the Work to someone other than the Author;
5. do anything that results in a material distortion of, the mutilation of, or a material alteration to, the Work that is prejudicial to the Author's honour or reputation, and You must not do anything else in relation to the Work that is prejudicial to the Author's honour or reputation;
6. impose any digital rights management technology on the Work, the Derivative Work or the Work as incorporated in a Collective Work that alters or restricts the terms of this Licence or any rights granted under it or has the effect or intent of restricting the ability to exercise those rights;
7. sublicense the Work;
8. subject the Work to any derogatory treatment as defined in the Copyright Act 1968;
9. do any of the things in clause 2 of this Licence in connection with a sale, hire or lease of artworks.

2.5 In exercising the right granted to you under this Licence (or with the further consent of the Licensor under clause 2,4(a)), You must:

1. make reference to this Licence (by Uniform Resource Identifier (URI), spoken word or as appropriate to the media used) on all copies of the Work and Derivative Works and Collective Works published, distributed, performed or otherwise disseminated or made available by You;
2. recognise the Licensor's / Author's right of attribution in any Work, Derivative Work and Collective Work that You publish, distribute, perform or otherwise disseminate to the public and ensure that You credit the Licensor / Author as appropriate to the media used; and
3. to the extent reasonably practicable, keep intact all notices that refer to this Licence, in particular the URI, if any, that the Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work.

3. Further licence

3.1.If the Licensor gives consent under clause 2.4(a) for You to publish, distribute, perform or otherwise disseminate:

1. the Work; or
2. any Derivative Work; or
3. the Work as incorporated in a Collective Work,

the Licensor agrees to offer to the relevant person making use of the Work (in any of the alternatives set out above) a licence to use the Work on the same terms and conditions as granted to You hereunder.

3.2. This Licence does not affect any rights that You may have under any applicable law, including fair use, fair dealing or any other legally recognised limitation or exception to copyright infringement.

3.3. All rights not expressly granted by the Licensor are hereby reserved, including but not limited to, the exclusive right to collect, whether individually or via a licensing body, such as a collecting society, royalties for any use of the Work.

4. Warranties and Disclaimer

Except as required by law, the Work or any Derivative Work is licensed by the Licensor on an "as is" and "as available" basis and without any warranty of any kind, either express or implied.

5. Limit of Liability

Subject to any liability which may not be excluded or limited by law the Licensor shall not be liable and hereby expressly excludes all liability for loss or damage howsoever and whenever caused to You.

If applicable legislation implies warranties or conditions, or imposes obligations or liability on the Licensor in respect of this Licence that cannot be wholly or partly excluded, restricted or modified, the Licensor's liability is limited, to the full extent permitted by the applicable legislation, at its option, to:

a) in the case of goods, any one or more of the following:

1. the replacement of the goods or the supply of equivalent goods;
2. the repair of the goods;
3. the payment of the cost of replacing the goods or of acquiring equivalent goods;
4. the payment of the cost of having the goods repaired; or
   

b) in the case of services:

1. the supplying of the services again; or
2. the payment of the cost of having the services supplied again.

6. Termination

6.1 The rights granted to You under this Licence:

1. may be terminated by the Licensor at time; or
2. shall terminate automatically upon any breach by You of the terms of this Licence.

6.2 If You had prior consent under clause 2.4(a) to disseminate Works, Derivative Works or Collective Works, a breach by You of a term of this Licence will not cause the automatic termination of the licence granted to the person who has received such works from You, but the Licensor may terminate such a licence at any time.

7. General

7.1. The validity or enforceability of the remaining terms of this agreement is not affected by the holding of any provision of it to be invalid or unenforceable.

7.2. This Licence constitutes the entire Licence Agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. The Licensor shall not be bound by any additional provisions that may appear in any communication in any form.

7.3. This Licence shall be governed by the law of New South Wales and the parties irrevocably submit to the exclusive jurisdiction of the Courts of New South Wales.