Licence agreement for FullCAM
The Full Carbon Accounting Model is a calculation tool for modelling Australia’s greenhouse gas emissions from the land sector.
1. Licence conditions
You must read these Licence conditions before using the FullCAM Software. These conditions represent a Legal Agreement (Agreement) between the Commonwealth of Australia as represented by the Department of Industry, Science, Energy and Resources ABN 74 599 608 295 (Licensor), and you (Licensee) in relation to the FullCAM Software.
2.1 By clicking the “I Agree” button you indicate your acceptance of the Licence conditions. If you do not wish to agree to the terms of the Licence click on the “DO NOT AGREE” button and do not use the FullCAM Software.
3. Version control
3.1 The Licensee acknowledges that it is required to regularly update to the most recent version of the FullCAM Software (which is available online) in order to maintain the full functionality of the software. Reference to FullCAM software includes future versions of the software which have not yet been published.
4.1 In this Agreement, unless the contrary intention appears:
“Commercialise” means, exploiting, licensing, distributing, selling, letting for hire, or by way of trade, offering or exposing for sale or hire for financial return or pecuniary benefit.
“FullCAM Software” means the Full Carbon Accounting Model (FullCAM) Software as published by the Department of Industry, Science, Energy and Resources, or its administrative successors if any, including revised versions published after the commencement of this Agreement.
“Derivative Product” means an adapted form or product derived from applying or incorporating the FullCAM Software.
“Intellectual Property Rights” (IPR) means all intellectual property rights, including:
- copyright, patents, rights in circuit layouts, trademarks, designs, trade secrets, know how, domain names and any right to have confidential information kept confidential;
- any application or right to apply for registration of any of the rights referred to in paragraph (a); and
- all rights of a similar nature to any of the rights in paragraphs (a) and (b) which may subsist in Australia or elsewhere, whether or not such rights are registered or capable of being registered.
“Licence” means the Licence granted in clause 6.
“Licensor” means the Commonwealth of Australia as represented by the Department of Industry, Science, Energy and Resources and its administrative successors, if any in respect of the FullCAM Software.
“Licensee” means the person or entity (including its officers, employees or agents) who clicks the “I Agree” button.
“Permitted Purposes” means any of the following uses:
- Estimating emissions reductions from projects for the purposes of Commonwealth carbon emissions reduction programs, including the Emissions Reduction Fund under the Carbon Credits (Carbon Farming Initiative) Act 2011;
- Estimating emissions reductions arising from voluntary carbon offsets projects;
- Research related to greenhouse gas emission estimates reported in Australia’s National Inventory Reports submitted under the United Nations Framework Convention on Climate Change and the Kyoto Protocol;
- Any other use approved in writing by the Department.
5. Term of licence
5.1 The Licence commences when you click on the “I Agree” button and continues indefinitely unless terminated in accordance with clause 14.
6. Grant of licence
6.1 The Licensor grants to the Licensee a royalty-free, world-wide, non-exclusive, non-transferable licence to use, reproduce, publish, modify and adapt the FullCAM software and to develop Derivative Products for the Permitted Purposes.
6.2 The Licensee must not sub-licence the Licence to the FullCAM Software.
7. Licence to use derivative products
7.1 Where the Licensee develops a Derivative Product, IPR in the Derivative Product vests in the Licensee.
7.2 The Licensee grants to the Licensor a royalty-free, world-wide, perpetual, non-exclusive, non-transferable licence to use, reproduce and publish the Derivative Product including a right to sub-licence the Derivative Product.
8. Intellectual Property Rights (IPR)
8.1 The Licensor owns all IPR in the FullCAM Software.
9. Derivative products
9.1 Where the Licensee develops a Derivative Product, the Licensee may commercialise the Derivative Product.
9.2 Where the Licensee commercialises or otherwise makes available a Derivative Product, the Licensee must:
- remove all copyright notices and registered trademarks applied by the Licensor to the FullCAM Software;
- not use a name that has a similar variation to the trademark of the FullCAM Software;
- not represent to any person or organisation that the Derivative Product has been approved or endorsed by the Licensor;
- not represent to any person as being an officer, employee, partner or agent of the Licensor;
- not represent that the Derivative Product is accurate or fit for a particular purpose; and
- acknowledge that the Derivative Product is an adaptation of the FullCAM Software.
10.1 The Licensee shall indemnify the Licensor and its employees in respect of liability for:
- any loss (including indirect or consequential loss), damage or injury which occurs from the Licensee’s use of the FullCAM Software or commercialisation or use of a Derivative Product (including from a third party’s use of the FullCAM Software where the third party’s use has been facilitated by the Licensee);
- loss of data, loss of income and business interruption arising from reliance on the information, data or calculations contained in the FullCAM Software; and
- any legal costs, charges, and expenses arising from any action from the use of the FullCAM Software and commercialisation or use of a Derivative Product.
11. Disclaimer and exclusion of warranty
11.1 The Licensor does not warrant or represent that the data or information in the FullCAM Software or the calculations the FullCAM Software produces, is accurate or useful either in the form supplied or where utilised in a Derivative Product.
11.2 The Licensee acknowledges the data contained and produced by the FullCAM Software is subject to change at particular points in time and variations may occur at any time, including after using the data.
11.3 The Licensee assumes responsibility for the interpretation of any results and any future application of the results obtained from the use of the FullCAM Software.
11.4 Where the Licensee interprets the data produced by the FullCAM Software and provides that interpretation to a third party, the Licensee assumes all responsibility for any liability arising from that interpretation of the data.
11.5 The Licensor does not warrant that the FullCAM Software is suitable or operable in any particular server environment or operating system. Where the Licensee installs the FullCAM Software, the Licensee assumes responsibility for any fault or defect in the Licensee’s computer hardware or any other software applications that occurs either during or after downloading the FullCAM Software.
11.6 The Licensor does not warrant that any files obtained from or through downloading the FullCAM Software are free from computer viruses or other defects.
12. Third party access
12.1 The Licensee must not provide access to or otherwise enable or facilitate the use of the FullCAM Software by a third party without the express, prior, written approval of the Licensor.
12.2 Following receipt of express, prior, written approval the Licensee must, when providing access to or enabling the use of FullCAM Software to a third party, do so in accordance with any additional Conditions which are expressed in the approval document provided by the Licensor.
13. Maintenance and technical support
13.1 The Licensor has no obligation to provide the Licensee with any technical support, upgrades or new releases of the Software.
13.2 The Licensor does not warrant that the FullCAM Software will be available whenever the Licensee wishes to use or download the FullCAM Software.
14.1 If the Licensee breaches any term of this Agreement, the Licensor may terminate this Agreement immediately by notice in writing to the Licensee.
14.2 Where termination occurs pursuant to clause 14.1, the Licensee must:
- cease using the FullCAM Software for any purpose;
- cease developing Derivative Products;
- remove the FullCAM Software from the Licensee’s systems and any electronic storage devices; or
- otherwise deal with the FullCAM Software as directed by the Licensor.
15. Assignment and novation
15.1 The Licensee may only assign its rights or novate its rights and obligations under this Agreement with the prior written consent of the Licensor.
16.1 Any reading down or severance of a particular provision does not affect the remaining provisions of this Agreement.
17. Entire agreement
17.1 This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements or understandings between the parties in connection with the FullCAM Software and the commercialisation of any Derivative Product.
18. Governing law
18.1 This Agreement is governed by the law of the Australian Capital Territory and each party submits to the non-exclusive jurisdiction of the courts of the Australian Capital Territory.
Download the Full Carbon Accounting Model (FullCAM)