End User License Agreement
IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH USING THIS PROGRAM:
The Queensland Government's End-User License Agreement ("EULA") is a legal agreement between you (the "LICENSEE"), (either an individual or a single entity) and the Queensland Government. By registering and using "WatBal" (the "LICENSED APPLICATION"), you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and the Queensland Government, and it supersedes any prior proposal, representation or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the software product.
2.SCOPE OF LICENSE
The Queensland Government grants you a non-transferable license to use the LICENSED APPLICATION on any computer that the LICENSEE owns.
3. MAINTENANCE AND SUPPORT
The LICENSEE acknowledge that Queensland Government has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
The Queensland Government does not give any warranty including as to fitness for use or that the LICENSED APPLICATION and related Queensland Government material is free from error and does not accept any liability in relation to the LICENSED APPLICATION and related Queensland Government material except to the extent, if any, required by law or specifically provided for in this agreement.
5. LIMITATION OF LIABILITY
In no event shall the Queensland Government and copyright holders be liable for any direct, special, indirect or consequential damages whatsoever resulting from loss of use of data or profits, whether in an action of contract, negligence or other conduct, arising out of or in connection with the use or performance of this package. The LICENSEE assumes the sole risk of interpreting and applying Queensland Government material and releases and agrees to indemnify and hold harmless the Queensland Government and its officers, employees, agents and sub-contractors, from and against all liability, losses, claims, proceedings, damages, costs and expenses directly or indirectly relating to, or arising from, the use of, or reliance on, the Queensland Government material.
6. PRODUCT CLAIMS
The LICENSEE acknowledge that Queensland Government is not responsible for addressing any claims of the end-user or any third party relating to the LICENSED APPLICATION or the end-user's possession and/or use of that LICENSED APPLICATION, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
7. INTELLECTUAL PROPERTY RIGHTS
The Queensland Government and the Licensee acknowledge that, in the event of any third party claim that the Licensed Application or the Licensee's possession and use of the Licensed Application infringes that third party's intellectual property rights, the Queensland Government, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
The LICENSED APPLICATION is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
9. CONTACT INFORMATION
Should you have any questions regarding the LICENSED SOFTWARE, please contact Graham Harris
Principal Development Extension Officer
Crop and Food Science, Agri-Science Queensland
Department of Agriculture and Fisheries
T: (07) 45294159
203 Tor St, Toowoomba Qld 4350
PO Box 102, Toowoomba Qld 4350