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This is an older version of this license. Compared to previous versions, the 4.0 versions of all CC licenses are more user-friendly and more internationally robust . If you are licensing your own work , we strongly recommend the use of the 4.0 license instead: Legal Code - Attribution-ShareAlike 4.0 International
Attribution-ShareAlike 3.0 Australia
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES
NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS
LICENCE DOES NOT CREATE AN ATTORNEY-CLIENT
RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS
INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES
NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND
DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
Licence
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE
TERMS OF THIS CREATIVE COMMONS PUBLIC LICENCE
("LICENCE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR
OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS
AUTHORISED UNDER THIS LICENCE OR COPYRIGHT LAW IS
PROHIBITED.
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.
1. Definitions
-
"Collection"
means the Work in its
entirety in unmodified form along with one or more
other separate and independent works, assembled into a
collective whole. A Collection may, for example,
include a periodical, encyclopedia or anthology. A
Collection will not be considered a Derivative Work for
the purposes of this Licence.
-
"Creative Commons Compatible
Licence"
means a licence that is listed at
https://creativecommons.org/compatiblelicenses that
has been approved by Creative Commons as being
essentially equivalent to this Licence, including, at
a minimum, because that licence:
-
contains terms that have the same purpose,
meaning and effect as the Licence Elements of this
Licence; and
-
explicitly permits the relicensing of
derivatives of works made available under that
licence under this Licence or a Creative Commons
jurisdiction licence with the same Licence Elements
as this Licence.
-
"Derivative Work"
means material in any form that is created by editing,
modifying or adapting the Work, a substantial part of
the Work, or the Work and other pre-existing works.
Derivative Works may, for example, include a
translation, adaptation, musical arrangement,
dramatisation, motion picture version, sound recording,
art reproduction, abridgment, condensation, or any
other form in which the Work may be transformed or
adapted, except that a Collection 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.
-
"Distribute"
means to make
available to the public by any means, including
publication, electronic communication, or
broadcast.
-
"Licence Elements"
means the
following high-level licence attributes indicated in
the title of this Licence: Attribution,
ShareAlike.
-
"Licensor"
means the individual,
individuals, entity or entities that offer(s) the Work
under the terms of this Licence.
-
"Original Author"
means the
individual, individuals, entity or entities who created
the Work.
-
"Reproduce"
means to make a copy
of the Work in any material form (eg storage in digital
form).
-
"Work"
means the material
(including any work or other subject matter) protected
by copyright which is offered under the terms of this
Licence. This may include (without limitation) a
literary, dramatic, musical or artistic work; a sound
recording or cinematograph film; a published edition of
a literary, dramatic, musical or artistic work; or a
television or sound broadcast.
-
"You"
means an individual or
entity exercising rights under this Licence who has not
previously violated the terms of this Licence with
respect to the Work, or who has received express
permission from the Licensor to exercise rights under
this Licence despite a previous violation.
2. Fair Dealing and Other Rights
Nothing in this Licence is intended to reduce, limit,
or restrict any uses free from copyright or rights
arising from limitations or exceptions under copyright
law or any other applicable laws.
3. Licence Grant
3A Grant of Rights
Provided that the terms set out in this Licence are
satisfied, the Licensor grants to You a worldwide,
royalty-free, non-exclusive, perpetual (for the duration
of the applicable copyright) licence to exercise the
following rights:
-
Reproduce the Work;
-
incorporate the Work into one or more
Collections;
-
Reproduce the Work as incorporated in any
Collection;
-
create and Reproduce one or more Derivative Works;
and
-
Distribute and publicly perform the Work, a
Derivative Work or the Work as incorporated in any
Collection.
3B Media and Formats
The above rights may be exercised in any media or
format whether now known or hereafter created. They
include the right to make modifications that are
technically necessary to exercise the rights in other
media and formats.
3C Other Rights Reserved
All rights not expressly granted by the Licensor are
reserved. The Licensor waives the right to collect
royalties for any exercise by You of the rights granted
under this Licence.
4. Restrictions
The licence granted above is limited by the following
restrictions.
4A Restrictions on Distribution and Public
Performance of the Work
-
You may Distribute and publicly perform the Work
only under the terms of this Licence.
-
You must include a copy of, or the Uniform Resource
Identifier (such as a web link) for, this Licence with
every copy of the Work You Distribute or publicly
perform.
-
You must not offer or impose any terms on the Work
that restrict this Licence or the ability of a
recipient of the Work from You to exercise the rights
granted to them by this Licence.
-
You are not granted the right to sublicense the
Work. The rights of recipients of the Work from You are
governed by clause 9.
-
You must keep intact all notices that refer to this
Licence and to the disclaimer of warranties with every
copy of the Work You Distribute or publicly
perform.
-
When You Distribute or publicly perform the Work,
You must not impose any technological measures on it
that restrict the ability of a recipient of the Work
from You to exercise the rights granted to them by this
Licence.
-
For the avoidance of doubt, while this clause 4A
applies to the Work as incorporated into a Collection,
it does not require other material within the
Collection, or the Collection apart from the Work
itself, to be made subject to this Licence.
4B Restrictions on Distribution and Public
Performance of Derivative Works
-
You may only Distribute or publicly perform a
Derivative Work if You apply one of the following
licences to it:
-
this Licence;
-
a later version of this Licence with the same
Licence Elements (such as Attribution-ShareAlike
4.0 Australia); or
-
a Creative Commons Unported licence or a
licence from another jurisdiction (either this or a
later version) that has the same Licence Elements
(such as Attribution-ShareAlike 3.0 Netherlands);
or
-
a Creative Commons Compatible Licence.
-
If You license the Derivative Work under a Creative
Commons Compatible Licence You must comply with the
terms of that licence.
-
If You license the Derivative Work under the terms of
any of the licences mentioned in clause 4B(a)(i),
(ii) or (iii) (the "Applicable Licence") You must
comply with the terms of that licence generally and
the following provisions:
-
You must include a copy of, or the Uniform
Resource Identifier (such as a web link) for, the
Applicable Licence with every copy of the
Derivative Work You Distribute or publicly
perform.
-
You must not impose any terms on the Derivative
Work that restrict the Applicable Licence, or the
ability of a recipient of the Derivative Work from
You to exercise the rights granted to them by that
licence.
-
You must keep intact all notices that refer to
this Licence and to the disclaimer of
warranties with every copy of the Work as included
in the Derivative Work that You Distribute or
publicly perform.
-
When You Distribute or publicly perform a
Derivative Work You must not impose any
technological measures on it that restrict the
ability of a recipient of the Derivative Work from
You to exercise the rights granted to them by the
Applicable Licence.
-
For the avoidance of doubt, while this clause 4B
applies to any Derivative Work as incorporated into a
Collection, it does not require other material within
the Collection, or the Collection as a whole, to be
made subject to the terms of the Applicable
Licence.
4C Attribution and Notice
Requirements
-
When You Distribute or publicly perform the Work or
any Derivative Work or Collection You must keep intact
all copyright notices for the Work.
-
When You Distribute or publicly perform the Work or
any Derivative Work or Collection You must provide,
in a manner reasonable to the medium or means You are
using:
-
the name or pseudonym (if provided) of the
Original Author and/or of any other party (such as
a sponsor institute, publishing entity or journal)
that the Original Author or Licensor has requested
be attributed (such as in the copyright notice or
terms of use). In this clause 4C these parties are
referred to as "Attribution Parties";
-
the title of the Work (if provided); and
-
to the extent reasonably practicable, any
Uniform Resource Identifier (such as a web link)
that the Licensor specifies should be associated
with the Work that refers to the copyright notice
or licensing information for the Work.
-
For any Derivative Work You Distribute or publicly
perform, You must take reasonable steps to clearly
identify that changes were made to the Work. For
example, a translation could be marked "The original
work was translated from English to Spanish".
-
In the case of a Derivative Work or Collection, the
above attribution should, at a minimum, appear as part
of any credits for other contributing authors and be as
prominent as the credits for those other authors.
-
You must, to the extent practicable, remove the
above attribution from any Collection or Derivative
Work if requested to do so by the Licensor or Original
Author.
-
For the avoidance of doubt, You may only use the
credit required by this clause 4C for the purpose of
attribution in the manner set out above. By
exercising Your rights under this Licence, You must
not assert or imply:
-
any connection between the Original Author,
Licensor or any other Attribution Party and You or
Your use of the Work; or
-
sponsorship or endorsement by the Original
Author, Licensor or any other Attribution Party of
You or Your use of the Work,
without their separate, express prior written
permission.
4D Moral Rights
Moral rights remain unaffected to the extent they are
recognised and nonwaivable at law. In this clause 4D,
"moral rights" means the personal rights granted by law
to the Original Author of a copyright work. For example,
Part IX of the
Copyright Act 1968
(Cth) grants
authors the right of integrity of authorship, the right
of attribution of authorship, and the right not to have
authorship falsely attributed.
5. Representations, Warranties and
Disclaimer
-
Except as expressly stated in this Licence or
otherwise agreed to by the parties in writing, and to
the full extent permitted by applicable law, the
Licensor offers the Work "as-is" and makes no
representations, warranties or conditions of any kind
concerning the Work, express, implied, statutory or
otherwise. This includes, without limitation, any
representations, warranties or conditions regarding:
-
the contents or accuracy of the Work;
-
title, merchantability, or fitness for a
particular purpose;
-
non-infringement;
-
the absence of latent or other defects; or
-
the presence or absence of errors, whether or
not discoverable.
-
The
Trade Practices Act 1974
(Cth), and
the corresponding State and Territory fair trading
legislation, imply certain warranties and conditions in
certain circumstances, such as the right to supply or
fitness for purpose of goods or services supplied to a
consumer. Clause 5(a) cannot and is not intended to
exclude, restrict or modify these warranties.
6. Limit of Liability
-
To the full extent permitted by applicable law, and
except for any liability arising from contrary
agreement, in no event will the Licensor be liable to
You on any legal basis (including without limitation,
negligence) for any loss or damage whatsoever,
including (without limitation):
-
loss of production or operation time, loss,
damage or corruption of data or records; or
-
loss of anticipated savings, opportunity,
revenue, profit or goodwill, or other economic
loss; or
-
any special, incidental, consequential,
punitive or exemplary damages arising out of or in
connection with this Licence or the use of the
Work, even if the Licensor has been advised of the
possibility of such damages.
-
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:
-
in the case of goods, any one or more of the
following:
-
the replacement of the goods or the supply
of equivalent goods;
-
the repair of the goods;
-
the payment of the cost of replacing the
goods or of acquiring equivalent goods;
-
the payment of the cost of having the goods
repaired; or
-
in the case of services:
-
the supplying of the services again;
or
-
the payment of the cost of having the
services supplied again.
-
The
Trade Practices Act 1974
(Cth), and
the corresponding State and Territory fair trading
legislation, restrict the limitation of liability in
certain circumstances, such as a contract for the
supply of goods or services of a kind ordinarily
acquired for personal, domestic, or household use.
Clauses 6(a) and 6(b) cannot and are not intended to
apply in circumstances where it is prohibited by
law.
7. Termination
This Licence and the rights granted to You under this
Licence shall terminate automatically upon any breach by
You of the terms of the Licence. Individuals or entities
who have received a Derivative Work or a Collection from
You pursuant to this Licence, however, will not have
their licences terminated provided they remain in full
compliance with those licences. Clauses 1, 2, 5, 6, 7, 8,
9, 10, 11, 12 and 13 shall survive any termination of
this Licence.
8. Licensor’s Rights
Retained
Subject to the above terms, the Licence granted here
is perpetual (for the duration of the applicable
copyright in the Work). Notwithstanding this, the
Licensor reserves the right to release the Work under
different licence terms or to stop distributing the Work
at any time. However, any such release will not serve to
withdraw this Licence (or any other licence that has been
granted under the terms of this Licence), and this
Licence will continue in full force and effect unless
terminated as stated above.
9. Licence Grant to Recipients of the Work
from You
Each time You Distribute or publicly perform the Work,
a Derivative Work or a Collection the Licensor offers the
recipient a licence to the Work on the same terms as are
granted to You under this Licence.
10. Severability
If any provision of this Licence is invalid or
unenforceable under applicable law, it shall not affect
the validity or enforceability of the remainder of the
terms of this Licence. Without further action by the
parties to this agreement, such provision shall be
reformed to the minimum extent necessary to make such
provision valid and enforceable.
11. Waivers and Consents
No term of this Licence shall be deemed waived and no
breach consented to unless such waiver or consent is in
writing and signed by the relevant party.
12. Entire Agreement
This Licence constitutes the entire agreement between
the parties. To the full extent permitted by law, 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 from You. This Licence may
not be modified without the written agreement of the
Licensor and You.
13. Governing Law
The construction, validity and performance of this
Licence shall be governed by the laws in force in the
Australian Capital Territory, Australia.
Creative Commons Notice
Creative Commons is not a party to this Licence,
and, to the full extent permitted by applicable law,
makes no representation or warranty whatsoever in
connection with the Work. To the full extent permitted
by applicable law, Creative Commons will not be liable
to You or any party on any legal theory (including,
without limitation, negligence) for any damages
whatsoever, including without limitation any general,
special, incidental or consequential damages arising in
connection to this licence. Notwithstanding the
foregoing two (2) sentences, if Creative Commons has
expressly identified itself as the Licensor hereunder,
it shall have all rights and obligations of Licensor.
Except for the limited purpose of indicating to the
public that the Work is licensed under the Licence,
neither party will use the trademark "Creative Commons"
or any related trademark or logo of Creative Commons
without the prior written consent of Creative Commons.
Any permitted use will be in compliance with Creative
Commons’ then-current trademark usage guidelines,
as may be published on its website or otherwise made
available upon request from time to time.
Creative Commons may be contacted at
https://creativecommons.org/
.
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENCE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
Licence
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENCE ("LICENCE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORISED UNDER THIS LICENCE OR COPYRIGHT LAW IS PROHIBITED.
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.
1. Definitions
- "Collection" means the Work in its entirety in unmodified form along with one or more other separate and independent works, assembled into a collective whole. A Collection may, for example, include a periodical, encyclopedia or anthology. A Collection will not be considered a Derivative Work for the purposes of this Licence.
-
"Creative Commons Compatible
Licence"
means a licence that is listed at
https://creativecommons.org/compatiblelicenses that
has been approved by Creative Commons as being
essentially equivalent to this Licence, including, at
a minimum, because that licence:
- contains terms that have the same purpose, meaning and effect as the Licence Elements of this Licence; and
- explicitly permits the relicensing of derivatives of works made available under that licence under this Licence or a Creative Commons jurisdiction licence with the same Licence Elements as this Licence.
- "Derivative Work" means material in any form that is created by editing, modifying or adapting the Work, a substantial part of the Work, or the Work and other pre-existing works. Derivative Works may, for example, include a translation, adaptation, musical arrangement, dramatisation, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be transformed or adapted, except that a Collection 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.
- "Distribute" means to make available to the public by any means, including publication, electronic communication, or broadcast.
- "Licence Elements" means the following high-level licence attributes indicated in the title of this Licence: Attribution, ShareAlike.
- "Licensor" means the individual, individuals, entity or entities that offer(s) the Work under the terms of this Licence.
- "Original Author" means the individual, individuals, entity or entities who created the Work.
- "Reproduce" means to make a copy of the Work in any material form (eg storage in digital form).
- "Work" means the material (including any work or other subject matter) protected by copyright which is offered under the terms of this Licence. This may include (without limitation) a literary, dramatic, musical or artistic work; a sound recording or cinematograph film; a published edition of a literary, dramatic, musical or artistic work; or a television or sound broadcast.
- "You" means an individual or entity exercising rights under this Licence who has not previously violated the terms of this Licence with respect to the Work, or who has received express permission from the Licensor to exercise rights under this Licence despite a previous violation.
2. Fair Dealing and Other Rights
Nothing in this Licence is intended to reduce, limit, or restrict any uses free from copyright or rights arising from limitations or exceptions under copyright law or any other applicable laws.
3. Licence Grant
3A Grant of Rights
Provided that the terms set out in this Licence are satisfied, the Licensor grants to You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) licence to exercise the following rights:
- Reproduce the Work;
- incorporate the Work into one or more Collections;
- Reproduce the Work as incorporated in any Collection;
- create and Reproduce one or more Derivative Works; and
- Distribute and publicly perform the Work, a Derivative Work or the Work as incorporated in any Collection.
3B Media and Formats
The above rights may be exercised in any media or format whether now known or hereafter created. They include the right to make modifications that are technically necessary to exercise the rights in other media and formats.
3C Other Rights Reserved
All rights not expressly granted by the Licensor are reserved. The Licensor waives the right to collect royalties for any exercise by You of the rights granted under this Licence.
4. Restrictions
The licence granted above is limited by the following restrictions.
4A Restrictions on Distribution and Public Performance of the Work
- You may Distribute and publicly perform the Work only under the terms of this Licence.
- You must include a copy of, or the Uniform Resource Identifier (such as a web link) for, this Licence with every copy of the Work You Distribute or publicly perform.
- You must not offer or impose any terms on the Work that restrict this Licence or the ability of a recipient of the Work from You to exercise the rights granted to them by this Licence.
- You are not granted the right to sublicense the Work. The rights of recipients of the Work from You are governed by clause 9.
- You must keep intact all notices that refer to this Licence and to the disclaimer of warranties with every copy of the Work You Distribute or publicly perform.
- When You Distribute or publicly perform the Work, You must not impose any technological measures on it that restrict the ability of a recipient of the Work from You to exercise the rights granted to them by this Licence.
- For the avoidance of doubt, while this clause 4A applies to the Work as incorporated into a Collection, it does not require other material within the Collection, or the Collection apart from the Work itself, to be made subject to this Licence.
4B Restrictions on Distribution and Public Performance of Derivative Works
-
You may only Distribute or publicly perform a
Derivative Work if You apply one of the following
licences to it:
- this Licence;
- a later version of this Licence with the same Licence Elements (such as Attribution-ShareAlike 4.0 Australia); or
- a Creative Commons Unported licence or a licence from another jurisdiction (either this or a later version) that has the same Licence Elements (such as Attribution-ShareAlike 3.0 Netherlands); or
- a Creative Commons Compatible Licence.
- If You license the Derivative Work under a Creative Commons Compatible Licence You must comply with the terms of that licence.
-
If You license the Derivative Work under the terms of
any of the licences mentioned in clause 4B(a)(i),
(ii) or (iii) (the "Applicable Licence") You must
comply with the terms of that licence generally and
the following provisions:
- You must include a copy of, or the Uniform Resource Identifier (such as a web link) for, the Applicable Licence with every copy of the Derivative Work You Distribute or publicly perform.
- You must not impose any terms on the Derivative Work that restrict the Applicable Licence, or the ability of a recipient of the Derivative Work from You to exercise the rights granted to them by that licence.
- You must keep intact all notices that refer to this Licence and to the disclaimer of warranties with every copy of the Work as included in the Derivative Work that You Distribute or publicly perform.
- When You Distribute or publicly perform a Derivative Work You must not impose any technological measures on it that restrict the ability of a recipient of the Derivative Work from You to exercise the rights granted to them by the Applicable Licence.
- For the avoidance of doubt, while this clause 4B applies to any Derivative Work as incorporated into a Collection, it does not require other material within the Collection, or the Collection as a whole, to be made subject to the terms of the Applicable Licence.
4C Attribution and Notice Requirements
- When You Distribute or publicly perform the Work or any Derivative Work or Collection You must keep intact all copyright notices for the Work.
-
When You Distribute or publicly perform the Work or
any Derivative Work or Collection You must provide,
in a manner reasonable to the medium or means You are
using:
- the name or pseudonym (if provided) of the Original Author and/or of any other party (such as a sponsor institute, publishing entity or journal) that the Original Author or Licensor has requested be attributed (such as in the copyright notice or terms of use). In this clause 4C these parties are referred to as "Attribution Parties";
- the title of the Work (if provided); and
- to the extent reasonably practicable, any Uniform Resource Identifier (such as a web link) that the Licensor specifies should be associated with the Work that refers to the copyright notice or licensing information for the Work.
- For any Derivative Work You Distribute or publicly perform, You must take reasonable steps to clearly identify that changes were made to the Work. For example, a translation could be marked "The original work was translated from English to Spanish".
- In the case of a Derivative Work or Collection, the above attribution should, at a minimum, appear as part of any credits for other contributing authors and be as prominent as the credits for those other authors.
- You must, to the extent practicable, remove the above attribution from any Collection or Derivative Work if requested to do so by the Licensor or Original Author.
-
For the avoidance of doubt, You may only use the
credit required by this clause 4C for the purpose of
attribution in the manner set out above. By
exercising Your rights under this Licence, You must
not assert or imply:
- any connection between the Original Author, Licensor or any other Attribution Party and You or Your use of the Work; or
- sponsorship or endorsement by the Original Author, Licensor or any other Attribution Party of You or Your use of the Work,
4D Moral Rights
Moral rights remain unaffected to the extent they are recognised and nonwaivable at law. In this clause 4D, "moral rights" means the personal rights granted by law to the Original Author of a copyright work. For example, Part IX of the Copyright Act 1968 (Cth) grants authors the right of integrity of authorship, the right of attribution of authorship, and the right not to have authorship falsely attributed.
5. Representations, Warranties and Disclaimer
-
Except as expressly stated in this Licence or
otherwise agreed to by the parties in writing, and to
the full extent permitted by applicable law, the
Licensor offers the Work "as-is" and makes no
representations, warranties or conditions of any kind
concerning the Work, express, implied, statutory or
otherwise. This includes, without limitation, any
representations, warranties or conditions regarding:
- the contents or accuracy of the Work;
- title, merchantability, or fitness for a particular purpose;
- non-infringement;
- the absence of latent or other defects; or
- the presence or absence of errors, whether or not discoverable.
- The Trade Practices Act 1974 (Cth), and the corresponding State and Territory fair trading legislation, imply certain warranties and conditions in certain circumstances, such as the right to supply or fitness for purpose of goods or services supplied to a consumer. Clause 5(a) cannot and is not intended to exclude, restrict or modify these warranties.
6. Limit of Liability
-
To the full extent permitted by applicable law, and
except for any liability arising from contrary
agreement, in no event will the Licensor be liable to
You on any legal basis (including without limitation,
negligence) for any loss or damage whatsoever,
including (without limitation):
- loss of production or operation time, loss, damage or corruption of data or records; or
- loss of anticipated savings, opportunity, revenue, profit or goodwill, or other economic loss; or
- any special, incidental, consequential, punitive or exemplary damages arising out of or in connection with this Licence or the use of the Work, even if the Licensor has been advised of the possibility of such damages.
-
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:
-
in the case of goods, any one or more of the
following:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods;
- the payment of the cost of having the goods repaired; or
-
in the case of services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
-
in the case of goods, any one or more of the
following:
- The Trade Practices Act 1974 (Cth), and the corresponding State and Territory fair trading legislation, restrict the limitation of liability in certain circumstances, such as a contract for the supply of goods or services of a kind ordinarily acquired for personal, domestic, or household use. Clauses 6(a) and 6(b) cannot and are not intended to apply in circumstances where it is prohibited by law.
7. Termination
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