[OSM-talk] OSDM data source

Franc Carter franc.carter at gmail.com
Fri Jul 13 11:16:28 BST 2007


Hi,

I followed a chain of links from the 'possible data sources' and found an
Australian
Government web site where it's possible to download various bit of
geospatial data.
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
appreciate
soneone double checking it).

If there is some way we can comply with the license then I'll start working
on importing
it, which looks reasonably easy.

-- 
Franc
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OSDM Single Deed of Licence for Australian Government Spatial Data provided over 
the Internet


IMPORTANT NOTICE

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

1. Definitions: 

  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 
     functionality;

  (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 
   address provided. 

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 
       Product); and

  (b)  sublicense the Licensee's right to use, reproduce, adapt, modify, 
       commercially exploit and communicate the Data, subject to the terms of 
       this Licence.

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 
      published].

      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 
       publication:

      This product (insert Derivative Product name) incorporates Data which is 

        Copyright Commonwealth of Australia [insert the year in which the Data 
        was published].

      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 
       notice:

       This product (insert Derivative Product name) incorporates data which is:

       Copyright Commonwealth of Australia [insert the year in which the Data 
       was published].

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 
  request.

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 
        way. 

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. 

17. Termination: 

  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 
   OSDM.

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 
   breach.

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 
   Territory.

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 
   mere arrangement.


Schedule 1

CUSTODIAN AGENCY,  PUBLICATION YEAR,  DATASET NAME
GA,  2006,  GEODATA TOPO 100K ACT Region



Licensee Details

Licensee: Franc Carter
ABN: 
Title: Mr
First Name: Franc
Family Name: Carter
Address: 16/1 Glen St 
Suburb/Locality: Marrickville
State: NSW
Post Code: 2204
Country: Australia
Telephone: 
Fax: 
Email: franc.carter at gmail.com
Sector: Other; personal
Industry: Other; personal


Licence Registration Number: 99241
Dated: 12-07-2007


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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