Farm Economic Analysis Tool: Software licence

Grant of licence

The State of Queensland through the Department of Agriculture and Fisheries (DAF) hereby grants you a non-exclusive and non-transferable licence to use the 'Farm Economic Analysis Tool' spreadsheet package and documentation (FEAT) on the following terms and conditions.

Use of FEAT

  1. DAF grants you the right to use one copy of FEAT on a single computer.  FEAT may be used on another computer provided that FEAT is used only on one computer at a time.
  2. You must only use FEAT in relation to primary production.  You must not and must not authorise others to, without the prior written consent of DAF, derive any profit from the use of FEAT other than through primary production.
  3. Without limiting clause 2, you must not and must not authorise others to commercialise any reports or data produced by FEAT.
  4. You must not, and must not authorise others to:
    1. distribute copies of FEAT without the prior written consent of DAF;
    2. use FEAT for unlawful purposes , misuse FEAT, or use FEAT with the intention of encroaching upon the privacy of an individual or company or other organisation;
    3. engineer, decompile, disassemble or create derivative versions from FEAT; or
    4. sell, rent, lease, exchange or otherwise dispose of FEAT.
  5. Each copy of FEAT must contain all of the original proprietary notices, disclaimers and licence.

Copyright

© 2012 The State of Queensland, Department of Agriculture and Fisheries

FEAT is subject to copyright.  Without excluding or limiting the application of the Copyright Act 1968 (Cth), you are not permitted to copy in whole or part, FEAT except for backup purposes and to load FEAT into the computer as part of executing FEAT.  All other reproductions or copies of FEAT are in violation of this licence and the Copyright Act 1968.

Use of names

  1. You must not without written permission:
    1. use the name of DAF or any trademark or logo of DAF; or
    2. claim any sponsorship, endorsement, approval, affiliation or other association with DAF.

Term

  1. This licence is effective until terminated.  Termination occurs immediately if all copies of FEAT in your possession are destroyed.  Termination also occurs immediately if you fail to adhere to the conditions of this licence or the provisions of the Copyright Act 1968.  Upon termination, you must ensure that all copies of FEAT are destroyed.

Warranty

  1. If FEAT is defective and is returned to DAF with proof of purchase and specifying the details of the defect within a period of 30 days from the date of receipt, DAF may either supply a replacement version of FEAT free from defects or a refund of the purchase price of FEAT.

Use at your own risk

  1. You are responsible for determining that FEAT is suitable for your own use or purpose.
  2. Sole responsibility and risk associated with the use and results of FEAT, irrespective of the purpose to which such use or results are applied, is accepted by you.

Liability and indemnity

  1. You (the user of the data contained in FEAT) agree to accept all responsibility and risks associated with the use of FEAT. DAF makes no representations or warranties in relation to FEAT, and, you agree that, to the extent permitted by law, all warranties relating to accuracy, reliability, completeness, currency or suitability for any particular purpose and all liability for any loss, damage or costs (including consequential damage) incurred in any way (including but not limited to that arising from negligence) in connection with any use of or reliance on FEAT are excluded or limited.  Where any statute implies into this licence a condition or warranty, DAF's liability for any breach of such condition or warranty is limited to the purchase price of FEAT.
  2. You agree to indemnify DAF and its 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 FEAT or any product made from your use of FEAT.  Your liability to indemnify DAF will be reduced proportionally to the extent that any negligent act or omission or breach of this licence by DAF caused the loss or liability.

General

  1. Any variation to this licence must be in writing signed by both parties.
  2. Any term which is held to be illegal, invalid or unenforceable will be severable and will not affect or impair the legality, validity or enforceability of the remaining terms.
  3. This licence is governed by the laws of the State of Queensland, Australia.
  4. In this licence:
    1. headings are for convenience only and do not affect interpretation; and
    2. unless expressly stated otherwise, "includes" in any form is not a word of limitation.

Contact

  1. Should you have any questions concerning this licence, or if you wish to contact DAF for any reason, please write to:

Commercialisation Unit
Department of Agriculture and Fisheries
41 George Street
GPO Box 46
Brisbane Qld 4001
Australia