[OSM-talk] OSDM data source
franc.carter at gmail.com
Fri Jul 13 11:16:28 BST 2007
I followed a chain of links from the 'possible data sources' and found an
Government web site where it's possible to download various bit of
The license (attached) seems to grant the right to do pretty much anything
with it, as
long as you acknowledge the source (legalese melts my brain, so I'd really
soneone double checking it).
If there is some way we can comply with the license then I'll start working
it, which looks reasonably easy.
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OSDM Single Deed of Licence for Australian Government Spatial Data provided over
THIS IS A LEGAL AGREEMENT BETWEEN THE COMMONWEALTH OF AUSTRALIA, REPRESENTED BY
THE OFFICE OF SPATIAL DATA MANAGEMENT ('OSDM') AND YOU OR THE ORGANISATION ON
WHOSE BEHALF YOU ARE AUTHORISED TO ENTER THE LICENCE
Terms and Conditions
In this Licence, unless the contrary intention appears:
(a) "Licence" means this deed constituted by the Licensee Details and these
Terms and Conditions;
(b) "Data" means any spatial dataset produced by the Commonwealth and listed
in the Schedule to this deed;
(c) "Derivative Product" means a distinct product in which the Data is
altered, abridged or supplemented, and/or which incorporates additional
(d) "End-user" means a third party to whom the Licensee (or any sublicensee)
supplies the Data or a Derivative Product;
(e) "Intellectual Property" includes all copyright, and all rights in relation
to registered and unregistered trademarks (including service marks),
registered designs and confidential information (including trade secrets
and know-how), and all other rights resulting from intellectual activity in
the industrial, scientific, literary or artistic fields; and
(f) "Licensee" means you or the organisation named in the Licensee Details.
(g) "Custodian Agency" the agency responsible for the production of the
dataset as specified in Schedule 1.
(h) "OSDM" means the Commonwealth of Australia, represented by the Office of
Spatial Data Management.
2. Parties: This Licence constitutes a legal deed between OSDM and the Licensee.
3. Licensee Details: The Licensee warrants that the Licensee Details provided
are correct and complete. The Licensee must promptly notify OSDM of any
changes to the Licensee Details, including changes to the contact email
4. Grant of licence: OSDM grants the Licensee a royalty-free, non-exclusive,
non-transferable licence to:
(a) use, reproduce, adapt, modify, commercially exploit and communicate the
Data (including by development and distribution of a Derivative
(b) sublicense the Licensee's right to use, reproduce, adapt, modify,
commercially exploit and communicate the Data, subject to the terms of
5. Access to Data: The Licensee must access the Data, including any current
updates to the Data, using a validated email address, or any other
authentication procedure as notified by OSDM from time to time.
6. End-user notices: The Licensee must include a notice in the metadata supplied
to End-users with the Data or Derivative Product, to make End-users aware
that the Data was sourced from the Commonwealth and is used under licence and
to disclose the nature of any modification the Licensee has made to the Data.
The following copyright statement must be displayed with, attached to or
embodied in (in a reasonably prominent manner) any Data or Derivative Product
provided to an End-user:
(a) where the Data is provided in unaltered form:
Copyright Commonwealth of Australia [insert year in which the Data was
The Commonwealth gives no warranty regarding the Data's accuracy,
completeness, currency or suitability for any particular purpose.
Visit the OSDM website (http://www.osdm.gov.au/) to access the most current
version of the Data.
(b) where a Derivative Product is provided, including any digital
This product (insert Derivative Product name) incorporates Data which is
Copyright Commonwealth of Australia [insert the year in which the Data
The Data has been used in (insert Derivative Product name) with the
permission of the Commonwealth. The Commonwealth has not evaluated the
Data as altered and incorporated within (insert Derivative Product name),
and therefore gives no warranty regarding its accuracy, completeness,
currency or suitability for any particular purpose.
(c) where a Derivative Product is provided and is a simple publication (that
is, one page or less, such as a map or a web page), but not including
digital products, the Licensee may elect to use the following short form
This product (insert Derivative Product name) incorporates data which is:
Copyright Commonwealth of Australia [insert the year in which the Data
7. Retention of notices: Except as permitted by clause 6 the Licensee must not
remove, obscure or interfere with any copyright statement, acknowledgment,
attribution, trade mark, warning or disclaimer statement affixed to,
incorporated in or otherwise applied in connection with the Data.
8. Records of distribution: The Licensee must maintain accurate records of:
(a) any sublicence granted under this deed;
(b) any Derivative Product produced from the Data; and
(c) the distribution of the Data or any Derivative Product to End-users
and provide such information to OSDM, or its nominee, upon its reasonable
9. Intellectual Property rights: The Licensee acknowledges that all Intellectual
Property rights in the Data vest in the Commonwealth. All rights not
expressly granted to the Licensee under the Licence are reserved.
10. Intellectual Property warranty: The Commonwealth will use its reasonable
endeavours to ensure that the rights granted under this Licence do not
infringe the Intellectual Property rights of any person. If the Intellectual
Property rights of a person are so infringed the Commonwealth may amend the
Data so that the infringement ends. If the Licensee becomes aware of any
potential or actual infringement of third party Intellectual Property rights
they must immediately notify OSDM.
11. Personal Information: The Licensee agrees that OSDM may collect, retain and
use personal information about the Licensee and you for all purposes related
to this deed including, without limitation, providing such personal
information to other Australian Government agencies.
The Data is not intended to include any personal information. However, if the
Data does contain any personal information:
(a) the Licensee must advise OSDM as soon as the Licensee becomes aware of
that fact; and
(b) the Licensee must not use or disclose that personal information in any
12. Responsibility for employees and agents: The Licensee must take all
reasonable steps to ensure that any person given access to the Data on its
behalf is aware of these Terms and Conditions and uses the Data only in
accordance with the Licence.
13. Precautions: OSDM does not warrant the accuracy, completeness, currency or
suitability of the Data for any purpose. The Licensee assumes
responsibility for selection of the Data to achieve any intended results,
and for its installation and use. The Licensee also assumes responsibility
for the interpretation of any results obtained from use of the Data, and
must exercise all appropriate precautions before placing reliance on those
results. Specifically, any Data, or Derivative Product produced using Data,
which is listed in the Schedule as being provided by:
(a) the Australian Hydrographic Service, including hydrographic Data, is not
to be used for navigation purposes;
(b) Geoscience Australia, including elevation Data, is not guaranteed fit to
be used for aviation purposes.
14. Product Warranty: No warranties, express or implied, are given or offered
for the Data except as provided in this clause 14. Where any statute
implies into the Licence any condition or warranty, and that statute
prohibits provisions excluding or modifying the application or exercise of,
or liability under, such condition or warranty, such condition or warranty
will be deemed to be included in the Licence. However, the Commonwealth's
liability for any breach of such statutory condition or warranty will be
limited, at its option, to replacement of the Data, or payment of the cost of
replacing the Data.
15. Release and Indemnity: The Licensee releases and indemnifies OSDM, the
Commonwealth and its employees and agents and third party data suppliers in
respect of all claims, expenses, losses, damages and costs arising, directly
or indirectly from:
(a) the Licensee's or any other person's (including, without limitation, any
sublicensee's) use of the Data supplied to the Licensee;
(b) any breach of this deed by the Licensee;
(c) any negligent act or omission or wilful misconduct of the Licensee in
connection with this Licence.
This clause 15 survives the expiration or termination of this Licence.
16. Term: The Licence is granted for a period of 10 years from the date of
acceptance of these Terms and Conditions.
a) OSDM may, at any time, terminate the Licence, with immediate effect by
giving notice to the Licensee if:
(i) the Licensee breaches these Terms and Conditions;
(ii) the Licensee fails to provide written notice to OSDM within 60 days
of any material change in the Licensee Details (including the
contact email address provided);
(iii) OSDM is unable to provide the Data, for whatever reason;
(iv) the Licensee acts in a misleading or deceptive way in relation to
the Data or OSDM;
(v) the Licensee undergoes a change of ownership or control.
b) OSDM may, at any time, terminate the Licence, with immediate effect by
giving 90 days notice to the other party.
c) The Licensee may, at any time, terminate the Licence, with immediate effect
by giving notice to OSDM.
d) The Licence will automatically terminate if the Licensee ceases to carry on
business or is dissolved.
18. Effect of Termination: Termination will not affect any rights accrued by
either Party under the Licence prior to termination. Upon termination the
Licensee must immediately cease using the Data for any purpose whatsoever,
and must erase all copies under its control, unless otherwise directed by
19. Variation: OSDM may, at its discretion, vary the terms of this Licence by
giving the Licensee 90 days written notice of the variation. Otherwise, no
variation of the Licence will have any effect unless it is in writing and
signed by both parties.
20. Notices: Any notice given under this Licence must be in writing and hand
delivered, sent by prepaid post, facsimile or email to the recipients
address specified in this Licence, (or as varied by notice in accordance
with the terms of this Licence).
A notice given in accordance with this clause is taken to be received:
a) If hand delivered, on delivery;
b) if sent by post, 7 days after the date of posting;
c) if sent by facsimile, when the sender's facsimile system generates a
message confirming successful transmission; or
d) if sent by email, 7 days after the date of sending.
21. Whole agreement: This Licence constitutes the whole agreement between the
Parties with respect to the Data, and supersedes any prior negotiations,
agreement or understanding.
22. Severance: Any reading down or severance of a particular provision of the
Licence does not affect the remaining provisions.
23. Waiver: No forbearance, delay or indulgence by a Party in enforcing the
provisions of the Licence will prejudice or restrict the rights of that
Party, nor will waiver of those rights operate as a waiver of any subsequent
24. Applicable Law: The Licence is governed by the law of the Australian Capital
Territory and the Parties submit to the jurisdiction of courts of that
25. Application within the Commonwealth: Where the Licensee is an agency of the
Commonwealth that is subject to the Financial Management and Accountability
Act 1997, such that it is not permitted to enter into a binding legal
agreement except as the Commonwealth, then the Licence will be read down as a
CUSTODIAN AGENCY, PUBLICATION YEAR, DATASET NAME
GA, 2006, GEODATA TOPO 100K ACT Region
Licensee: Franc Carter
First Name: Franc
Family Name: Carter
Address: 16/1 Glen St
Post Code: 2204
Email: franc.carter at gmail.com
Sector: Other; personal
Industry: Other; personal
Licence Registration Number: 99241
If you have any questions about this Licence please address enquiries to the
Office of Spatial Data Management, GPO Box 378, Canberra, ACT, 2601; or contact
OSDM on Tel (02) 6249 9111, Fax (02) 6249 9926, email address info at osdm.gov.au
OSDM Version 1.0
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