The Centre For Water Research

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By downloading, copying or using the software, you agree to be bound by the terms and conditions stated in this agreement.

Do not download, copy or use the software until you have carefully read, understood and agreed to the terms and conditions that apply as delineated below.

If you do not agree to the terms and conditions that apply, do not download, copy or use the software.

• "Licence"means this licence agreement between You and UWA comprising the terms that You accept by clicking "I Agree" and submitting the Registration to UWA.

• "Software" means executable files for DYRESM, DYRIM, ELCOM, CAEDYM, and ARMS Lite. For avoidance of doubt the definition of "Software" includes any CWR executable files provided to You, under this licence agreement.

• "Registration" means the registration with UWA which you submit to UWA by providing the information and details requested on the Software download website.

• "UWA" means a body corporate established pursuant to the provisions of the University of Western Australia Act, 1911 (Western Australia) of 35 Stirling Highway, Crawley, WA, 6009, Australia.

• "You" means you the licensee and any permitted user(s) of the Software.

2.1 UWA grants You a non-exclusive licence to use the Software in accordance with the terms of this Licence.

2.2 You may make copies of the Software only as reasonably required for backup purposes.

2.3 You must immediately notify UWA of any faults or deficiencies in the Software and which become apparent to You in the course of using the Software.

2.4 You must notify UWA immediately on becoming aware of any unauthorised use or copying of the whole or any part of the Software.

2.5 You must not transfer any rights in the Software granted by this Licence or the backup copy of the Software to another party.

2.6 You shall not rent, lease, loan or distribute works based upon the Software in whole or in part.

2.7 Should any scientific or technical publications be developed as a result of the use of the Software You must:

     2.7.1 incorporate, where relevant, into authorship any designated representative of the Centre for Water Research; and

     2.7.2 must acknowledge the Centre for Water Research in any publication as the original developer of the Software.

3.1 You must provide and ensure the accuracy and completeness of your Registration.

3.2 You agree that UWA may retain all Registration data provided by You for its record-keeping purposes.

3.3 If You are employed and intend to use the Software in connection with your employment duties then You should only accept this Licence if your employer has authorised You to do so on its behalf. By accepting this Licence You are warranting to UWA that You are authorised to do so on behalf of your employer.

4.1 You must use the Software strictly in accordance with the terms of this Licence only.

4.2 You must not modify, reverse engineer, disassemble, decompile, link, merge, couple or embed the Software, or any portion thereof.

5.1 Title, ownership and intellectual property rights in the Software shall remain with UWA. Nothing in this Licence grants to You ownership or intellectual property rights in the Software. You must not remove or alter any logo, copyright or other proprietary notices, symbols or labels in the Software.

6.1 For multiple users of the Software, You undertake to ensure that the permitted users are aware of the terms of this Licence prior to use and comply with all the obligations imposed by this Licence. Permitted users must be the licensee's employees, contractors, agents, colleagues or students only and must, for the purposes of the model application, occupy the same workplace (e.g. department, regional office or agency) as You and You remain at all times responsible for their actions or omissions in relation to use of the Software.

6.2 If UWA requests in writing, You must provide UWA with:

     6.2.1 relevant information and records for the sole purpose of monitoring your compliance with this Licence; or

     6.2.2 complete record to date of the permitted users to whom You have allowed access and use of the Software.

7.1 UWA has no obligation to provide You any support services in relation to the Software unless offered to You with your Membership. However, UWA will reasonably respond at its absolute discretion during business hours to incident reports emailed by You.

8.1 You are responsible for determining that the Software is suitable for your own use or purpose. You acknowledge that neither UWA nor its employees or subcontractors shall be liable for any loss or damage sustained by You or any other person directly or indirectly from or in connection with the Software.

8.2 You assume all risk for any loss or damage resulting directly or indirectly from your use of or inability to use the Software. You acknowledge that UWA provides no warranties nor accepts any obligations with respect to any failures of the Software, which are the result of accident, abuse, misapplication, extreme power surge, extreme electromagnetic field or use of the Software.

8.3 You acknowledge that UWA does not represent or warrant that there are no errors in the Software or that any such errors, if present, will be corrected.

8.4 You acknowledge that UWA provides no other warranties in respect of the Software, either express or implied, including but not limited to any warranty of design, merchantability, or fitness for a particular purpose, except to the extent required by law.

8.5 You agree that UWA shall not be responsible to You for any loss-of-profit, indirect, incidental, special or consequential damages arising out of the use of the Software or otherwise in connection with this Licence.

8.6 You agree to fully indemnify and hold harmless UWA against any liability incurred for infringement of the intellectual property rights of any third person due to your breach of any of the terms and conditions of this Licence.

9.1 This Licence terminates if You and UWA by mutual agreement in writing terminate it.

9.2 This Licence may be terminated by You or UWA (whichever is non-defaulting) if any of the following events occur:

      9.2.1 if a party fails to perform or comply with this Licence or any provision of it; or

      9.2.2 if You make, or attempt to make, an assignment, sub-licence or sale in breach of the terms of this Licence.

9.3 Termination due to a material breach of this Licence shall be effective on notice. In all other cases, termination shall be effective thirty (30) days after notice of termination to the defaulting party if the defaults have not been cured within such thirty (30) day period.

9.4 Within ten (10) days after termination of this Licence, You shall cease and desist all use of the Software and shall return to UWA all full or partial copies of the Software in your possession or under your control.

10.1 By downloading, copying or using the Software, the user acknowledges that they have read and agreed to the terms and conditions of this Licence.

10.2 You must not assign this Licence or its rights to any third party.

10.3 This Licence contains the entire understanding and agreement between the parties respecting the subject matter hereof.

10.4 This Licence may not be supplemented, modified, amended, released or discharged except in writing signed by each party's duly authorised representative.

10.5 Any waiver by either party of any default or breach hereunder shall not constitute a waiver of any provision of this Licence or of any subsequent default or breach of the same or a different kind.

10.6 This Agreement shall be governed by the laws in force in the state of Western Australia.