CSIRO HCA-Vision: SPOT License

1. Meaning of Words
'CSIRO' means the Commonwealth Scientific and Industrial Research Organisation of Limestone Avenue, Campbell, Australian Capital Territory, Australia acting through its Division of Mathematical and Information Sciences.

'Licence' means this licence agreement between You and CSIRO comprising the terms that You accept by selecting the "I Agree" icon and submitting the Registration to CSIRO.
'Software' means the evaluation version of the microarray image analysis package known as "Spot", implemented as a package for the data analysis environment, "R".
'You' means you the user and licensee.

2. The Licence CSIRO grants to You
CSIRO grants You a non-exclusive and non-transferable right to use the Software only in accordance with the terms of this Licence. CSIRO reserves the right to refuse to license the Software to any person without giving reasons for such refusal.

Software support will be your responsibility and CSIRO has no obligation to provide you any assistance or bug fix support services in relation to the Software.
This Licence is formed when You have clicked the "I Agree" icon.

3. What you must do to submit the Registration
You must select the "I Agree" icon at the end of this Licence to indicate your agreement to the terms of the Licence.
If You are employed and intend using 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 CSIRO that You are authorised to do so on behalf of your employer.

4. Use of names
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.
You must recognise CSIRO’s ownership of the Software in any report, paper or publication containing references to the Software or results generated by the Software.

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

6. Payment
The Software is provided free of charge in consideration of You using it in accordance with the terms of this Licence only.

7. Your rights to use the Software
You may only use the Software in strict accordance with the terms of this Licence.

You should operate the Software only with the minimum equipment configuration and bandwidth requirements specified in the instructions on the Software website.

Unless you first have written consent from CSIRO, you must not:
(a)        reverse engineer, decompile, disassemble or otherwise attempt to discover the         source code of the         Software except to the extent you may be expressly permitted to decompile under applicable law;
(b)        adapt, extend, enhance or make any other improvements to the Software;
(c)        distribute, sell, sublicense or otherwise make the whole or part of the Software available for use by a third party;
(d)        allow the Software to be combined with or incorporated into other software; or
(e)        release the Software on the Internet or any other public communication network.

If you become aware that any other person wishes to use the Software, then you should refer that person to URL http://spot.cmis.csiro.au/Spot

You must not remove, alter or otherwise interfere with any warning or disclaimer statement affixed to, incorporated in or otherwise applied in connection with the Software.

8. CSIRO limits its liability
You are responsible for ensuring the Software is suitable for your own use or purpose, including compatibility with your computer programs or equipment.

You assume all risk for any loss or damage resulting directly or indirectly from your downloading the Software into your equipment and from your use of or inability to use the Software.

To the extent permitted by law, CSIRO excludes all liability for any loss or damage (including direct, indirect, special or consequential loss or damage) arising from your use of the Software or otherwise in connection with this Licence.

Where any statute or law implies warranties or conditions into this Licence, which cannot be lawfully modified or excluded under this Licence (‘Non-excludable Condition’) then this Licence will be read subject to such Non-excludable Condition. Where such statute or law permits, CSIRO limits its liability to You for breach of such Non-excludable Condition to re-supplying the Software.

9. CSIRO makes no representations
The Software is provided ‘as is’ and CSIRO disclaims any express or implied warranties including, without limitation, any warranties or
representations:

(a)        that the Software is of merchantable quality, suitable for your use, or is fit for any other purpose;
(b)        that operation of the Software will be-uninterrupted or that the Software is error-free;
(c)        regarding the results of any use of the Software;
(d)        as to the accuracy, reliability or content of any data, information, service or goods obtained through any use of the of the Software;
(e)        as to the accuracy, reliability or content of any Internet sites addressed by the URLs in the database forming part of the Software; or
(f)        that the use of the Software will not infringe the intellectual property rights of a third party.

10. The end of the Licence
CSIRO may terminate this Licence:

(a)         immediately if you breach any of the Licence terms; or
(b)        by giving you 30 days notice in writing.
On termination, all Your rights to use the Software cease and you must destroy all copies of the Software in your possession.

11. Resolving disputes
In any dispute arising out of or in connection with this Licence, 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 may be referred to the Australian Commercial Dispute Centre Limited ('ACDC') for resolution by mediation and if necessary by arbitration in accordance with the Conciliation Rules of the ACDC.

12. Entire agreement
This Licence 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 Software.

All international conventions that might import contractual terms into this Licence are excluded, including the United Nations Convention on Contracts for the International Sale of Goods.

CSIRO may at any time and from time to time give 30 days written notice of its intention to vary the terms of the Licence. If it does so, the variation specified will become effective on expiry of the notice period.

13. The governing law
This contract is governed by and construed in accordance with the laws of New South Wales, Australia. View printable Licence in PDF format
By pressing the accept button the user acknowledges that they have read and agree to the terms and conditions of the evaluation licence agreement.