IMPORTANT – PLEASE READ CAREFULLY
IF YOU ARE EMPLOYED AND INTEND USING THIS SITE IN CONNECTION WITH YOUR EMPLOYMENT DUTIES THEN, BY ACCEPTING THIS LICENCE, YOU ARE WARRANTING TO CSIRO THAT YOU ARE AUTHORISED TO DO SO ON BEHALF OF YOUR EMPLOYER.
IF YOU DO NOT WISH TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE THIS SITE. PLEASE CONTACT CLIMATEFUTURES@CSIRO.AU FOR A LICENCE FOR COMMERCIAL USE.
TERMS AND CONDITIONS OF USE
1. Meaning of Words
‘Application’ means the “Pacific Climate Futures” application, a web-based output viewer displaying outcomes from climate models and certain data sets.
‘Climate Projections’ mean any modelled outcomes, data, information and images in the climate projections generated by your use of the Application.
'CSIRO' means the Commonwealth Scientific and Industrial Research Organisation ABN 41 687 119 230 with its principal office at Limestone Avenue, Campbell, ACT 2612.
‘Site’ means the website found at URL http://www.pacificclimatefutures.net/ and all products and material available on it including but not limited to the Application, data, information, images, text or material.
'you’ means you as a Site user (and on behalf of your employer, if you are employed and use this Site in connection with your employment duties).
2. Site and Acknowledgement
This Site is owned and operated by CSIRO. The Site (including any images and text incorporated therein) contains proprietary information and copyright owned by CSIRO, subject to the following acknowledgements.
The Application was developed through the Centre for Australian Climate and Weather Research and was supported by funding from the Commonwealth of Australia as set out in the Acknowledgements section of the Site. Copyright in the Application software code is owned by CSIRO and the Bureau of Meteorology.
The Application uses data and intellectual property from third parties as per the Acknowledgements section on this Site, including:
i. Global Climate Model results (CMIP3 data and CMIP5 data) provided through the Coupled Model Intercomparison Project (CMIP3 http://www-pcmdi.llnl.gov/ipcc/info_for_analysts.php#Terms_of_use ; CMIP5: http://cmip-pcmdi.llnl.gov/cmip5/terms.html)
ii. Regional Boundaries (http://www.marineregions.org/about.php)
All proprietary rights in any third party material remain unaffected by their use in the Application.
3. Use of the Site
CSIRO grants you a non-exclusive and non-transferable licence to use the Site and the Climate Projections for non-commercial research purposes only in accordance with these Terms and Conditions of Use. This licence is formed after your first use of the Site.
i. is provided free of charge in consideration of you using it strictly in accordance with these Terms and Conditions;
ii. is personal to you and is not sub-licensable or capable of assignment.
(a) not use any Climate Projections generated by the Application unless you have been trained in the use of the Application (for information on training, please contact email@example.com);
(b) not distribute, sell, sublicense, incorporate in products or services or otherwise make the whole or part of the Site and/or Climate Projections available for use by a third party for the purposes of generating any income or any other commercial purposes;
(c) not use any computerised or automatic mechanism, including without limitation, any web scraper, spider or robot, to access, extract and/or download any information from the Site;
(d) not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Application except to the extent you may be expressly permitted to decompile under applicable law;
(e) not adapt, extend, enhance or make any other improvements to the Application;
(f) not allow the Application or any other part of the Site to be combined with or incorporated into other software;
(g) not release the Application or the Climate Projections on the Internet or any other public communication network;
(h) not remove, alter, attempt to obstruct or interfere or otherwise render ineffective any aspect of the Site, including by removing or avoiding security features, attributions or legal terms that are notified to users as part of accessing or using the Site and/or Climate Projections;
(i) not assert or imply that CSIRO has any connection with you or your work or provide any endorsement of work you undertake;
(j) comply with any additional requirements for use of the Site and/or Climate Projections notified by us from time to time; and
(k) ensure that anyone who you authorize or permit to use the Site and/or Climate Projections complies with these Terms and Conditions.
4. Password and access
The security of your password is solely your responsibility and you should not share it with anyone nor store it in an insecure place.
You should not allow others to use your account to access the Site.
5. Your responsibilities
You are responsible for ensuring the Site and the Application are suitable for your own use or purpose, including compatibility with your computer programs or equipment as applicable.
You must read the Application user guide (which can be downloaded from the website, as updated from time to time) carefully prior to using the Application and any of its outcomes.
The Application and the Climate Projections provide general projections of the likelihood of certain climate futures only and is based on scientific information and understanding and quantitative modelling available as at the time of its development. If you use or download any Climate Projections from the Site or any other information, text or images from this Site, you acknowledge that:
a) The CMIP3 and CMIP5 terms (http://www-pcmdi.llnl.gov/ipcc/info_for_analysts.php#Terms_of_use; http://cmip-pcmdi.llnl.gov/cmip5/terms.html) apply to your use of the Climate Projections;
b) the Climate Projections and any other information from the Site is not professional, scientific, technical or expert advice and is subject to the usual uncertainties of scientific and technical research and data;
c) the Application cannot predict exact climatic conditions with complete fidelity to any specific situation, but only provides indicative climatic projections;
d) the Application is a tool to be used as a guide only and no Climate Projection(s) should be relied upon as a basis alone for doing or failing to do to something. In particular, the Application and the Climate Projections must not be relied upon when making any financial decision involving the expenditure of money or the incurring of liabilities or both;
e) The future climate could possibly lie outside the range projected by any of the models;
f) The projections provided are average changes to climate and include natural variability;
g) The projections should be used in conjunction with the PACCSAP Reports available from http://www.pacificclimatechangescience.org/, and/or
h) CSIRO reserves the right to provide advice on use of the site and projections, through commercial and/or other arrangements.
6. CSIRO’s liability
This Agreement does not exclude or limit any guarantee, condition, warranty, right or liability implied into it by law (including the Competition and Consumer Act 2010), the exclusion of which would contravene the law or cause this Agreement to be void ('non-excludable consumer warranties'). This Agreement is at all times to be read subject to such non-excludable consumer warranties.
CSIRO provides the Site, Application and Climate Projections 'as is' and any use of the Site, Application and Climate Projections is at your sole risk. CSIRO gives no express warranty that:
(a) The Climate Projections, the Application or any other part of the Site is accurate, of merchantable quality, suitable for your use, or is fit for any purpose;
(b) the Application or any other part of the Site is error-free, operates without interruptions or causing downtime or will result in any outcomes; or
(c) your use of the Site, Application and/or Climate Projections will not infringe the intellectual property rights of any third party.
CSIRO's liability to you for breach of any term of the Agreement or of any non-excludable consumer warranties is limited, at CSIRO's option:
i) in relation to the Application, to either repairing or resupplying the Application;
ii) In relation to the Climate Projection(s), resupplying the Climate Projection(s); and
iii) in relation to any other part of the Site, resupplying that part of the Site.
TO THE FULLEST EXTENT PERMITTED BY LAW, CSIRO WILL NOT BE LIABLE TO YOU FOR ANY LOSS OF DATA, INFORMATION, REVENUE, PROFIT OR BUSINESS OPPORTUNITY OR FOR ANY DAMAGE TO GOODWILL OR REPUTATION WHICH IS SUFFERED BY YOU IN ANY WAY ARISING FROM THE SITE OR YOUR USE OF THE APPLICATION AND CLIMATE PROJECTIONS.
To the extent permitted by law, you indemnify CSIRO against and release it from any claim, demand, action, suit or other proceedings brought against it arising directly or indirectly out of your reliance on the Site or your use of or inability to use the Application and/or Climate Projections.
To the extent permitted by law, all international conventions that might import contractual terms into this Agreement are excluded, including the United Nations Convention on Contracts for the International Sale of Goods.
CSIRO reserves the right at any time to modify or cease, temporarily or permanently, the Site or Application (or any part thereof) with or without notice. You agree that CSIRO will not be liable to you or to any third party for any such modification, suspension or discontinuance.
CSIRO may update these Terms and Conditions from time to time in its sole discretion and without notice. Each time changes are made to the Terms and Conditions, a revised version of the Terms and Conditions will be posted on the Site so please check them each time you visit. Your continued use of the Site, the Application and/or Climate Projections or any part thereof, following the posting of the changes constitutes your acceptance of such changes.
8. CSIRO Legal Notice
Your use of the Site is subject also to CSIRO’s Legal Notice and Disclaimer (found at http://www.csiro.au/org/LegalNoticeAndDisclaimer.html). By agreeing to be bound by these Terms and Conditions you are also agreeing to be bound by the Legal Notice and Disclaimer. If there is any conflict between them then these Terms and Conditions will prevail, but only to the extent necessary to resolve any conflict.
9. No other rights granted
Ownership and intellectual property rights in the Site (other than the Application and third party material) and Climate Projections remain with CSIRO. Ownership and intellectual property rights in the Application remain with CSIRO and the Bureau of Meteorology. Nothing in this Agreement grants to you ownership or intellectual property rights in the Site, Application and/or Climate Projections apart from the limited licence described in these terms. You must not remove, alter or otherwise interfere with any trademark, logo, copyright or other proprietary notices, symbols or labels or copyright protection devices that may be used in relation to or incorporated in the Site or Application.
You must not without written permission from CSIRO use the name, any trademark or logo of CSIRO to claim any sponsorship, endorsement, approval or affiliation or other association with CSIRO by virtue of this licence agreement.
10. Cookies and Personal Information
A cookie is a text string that is included with Hypertext Transfer Protocol (HTTP) requests and responses. Cookies are used to maintain state information as you navigate different pages on a web site or return to the web site at a later time.
Any personal information collected by CSIRO during your visit to the Site will be dealt with in accordance with CSIRO’s Privacy Statement, which can be found here: http://www.csiro.au/org/Privacy.html
This Agreement is effective until terminated.
CSIRO may terminate this Agreement immediately if you breach any of the licence terms and conditions. On termination, all your rights to use the Site and the Climate Projections cease.
12. Resolving disputes
In any dispute arising out of or in connection with this Agreement, you agree to first negotiate in good faith with a senior CSIRO officer to resolve it. If the dispute is not resolved by those negotiations within 30 days, you agree that the matter will be referred to the Australian Commercial Dispute Centre Limited ('ACDC') for resolution by mediation in English in Canberra, Australia, in accordance with the ACDC Guidelines on Mediation. However, this does not prevent CSIRO from seeking any urgent interlocutory relief.
13. Entire agreement
This Agreement records the entire agreement between CSIRO and you and supersedes all earlier agreements and representations that may have been made by CSIRO to you about the Site and the Climate Projections and your right to use any part of the Site or Climate Projections.
14. The Governing law
This Agreement is governed by and construed in accordance with the laws of ACT, Australia and you agree to submit to the jurisdiction of the courts in that Territory.