Terms of Service

Stocktake Plus: Software Licence

Grant of licence

  1. All intellectual property rights in Stocktake Plus are retained by the State of Queensland through the Department of Agriculture, Fisheries and Forestry (DAFF) and Meat & Livestock Australia Limited (MLA) (the Joint Owners).
  2. The Joint Owners hereby grant you a non-exclusive and non-transferable licence to use the Stocktake Plus package and documentation on the following terms and conditions.

Use of Stocktake Plus

  1. Subject to the restrictions on use set out in clauses 6 to 8, if you are an individual acting in your personal capacity, you may download Stocktake Plus for use on any device you own or control.
  2. Subject to the restrictions on use set out in clauses 6 to 8, if you are a commercial enterprise or educational institution, you may download Stocktake Plus for use by either:
    • a single individual on one or more devices used by that individual that you own or control; or
    • multiple individuals, on a single shared device you own or control.
  3. For the avoidance of doubt, each device used by multiple users requires a separate licence.
  4. You must only use Stocktake Plus in relation to primary production. You must not and must not authorise others to, without the prior written consent of the Joint Owners, derive any remuneration from the use of Stocktake Plus other than through primary production.
  5. Without limiting clause 6, you must not and must not authorise others to commercialise any reports or data produced by Stocktake Plus.
  6. You must not, and must not authorise others to:
    • distribute copies of Stocktake Plus without the prior written consent of the Joint Owners;
    • use Stocktake Plus for unlawful purposes, misuse Stocktake Plus, or use Stocktake Plus with the intention of encroaching upon the privacy of an individual or company or other organisation;
    • engineer, decompile, disassemble or create derivative versions from Stocktake Plus; or
    • sell, rent, lease, sublicense, assign, exchange or otherwise dispose of Stocktake Plus.
  7. Each copy of Stocktake Plus must contain all of the original proprietary notices, disclaimers and licence including the below copyright notices of the Joint Owners.

Copyright

© 2013 The State of Queensland, Department of Agriculture, Fisheries and Forestry

©2013 Meat & Livestock Australia Limited ABN 39 081 678 364

  1. Stocktake Plus is subject to copyright.  Without excluding or limiting the application of the Copyright Act 1968 (Cth), you are not permitted to copy in whole or part, Stocktake Plus except for backup purposes and to load Stocktake Plus into devices you own or control as part of executing Stocktake Plus in accordance with this licence.  All other reproductions or copies of Stocktake Plus are in violation of this licence and the Copyright Act 1968 (Cth).

Use of names

  1. You must not without written permission:
    • use the name or any trade mark or logo of FutureBeef or DAFF or MLA; or
    • claim any sponsorship, endorsement, approval, affiliation or other association with FutureBeef or DAFF or MLA.
  2. This licence is effective until terminated by you or the Joint Owners.
  3. Your rights under this licence will terminate automatically and with immediate effect if:
    • all copies of Stocktake Plus in your possession are destroyed; or
    • you fail to adhere to the conditions of this licence or the provisions of the Copyright Act 1968 (Cth). 
  4. Upon termination of this licence, you must cease all use of Stocktake Plus and destroy all copies, full or partial, of Stocktake Plus.

Use at your own risk

  1. You are responsible for determining that Stocktake Plus is suitable for your own use or purpose.
  2. You accept sole responsibility and risk associated with:
    • your use of Stocktake Plus; and
    • your use of reports, data or any other results produced by Stocktake Plus, irrespective of the purpose to which such use, reports, data or results are applied.

Liability, indemnity and limited warranty

  1. The Competition and Consumer Act 2010 (Cth) may confer rights, guarantees and remedies on you in relation to the provision by the Joint Owners of goods and services, which cannot be excluded, restricted or modified. The Joint Owners do not exclude those rights. All other terms and guarantees are excluded.
  2. Liability for breach of any consumer guarantee, which cannot be excluded, is limited at the option of MLA to:
    • in the case of goods supplied or offered by the Joint Owners, which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, replacing, supplying equivalent, repairing or paying the cost of replacing, supplying equivalent, repairing goods; or
    • in the case of services supplied or offered by the Joint Owners, which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, resupplying or paying the cost of resupplying the service.
  3. Except for rights, guarantees and remedies which cannot be excluded, the Joint Owner’s are not liable to you or to any third party for any losses, costs or expenses, including any direct or indirect, incidental, consequential, special or exemplary damages or lost profit, resulting from any use or misuse of Stocktake Plus or the information contained on Stocktake Plus.
  4. Subject to clause 17, you (the purchaser or user of Stocktake Plus, or the user of the data contained in Stocktake Plus) acknowledge and agree that:
    • DAFF and MLA make no representations or warranties in relation to Stocktake Plus;
    • you accept all responsibility and risks associated with the use of Stocktake Plus; and
    • to the extent permitted by law, all warranties relating to accuracy, reliability, completeness, currency or suitability for any particular purpose and all liability for any loss, damage or costs (including consequential damage) incurred in any way (including but not limited to that arising from negligence) in connection with any use of or reliance on Stocktake Plus are excluded or limited. 
  5. You agree to indemnify DAFF and MLA and their officers and employees against any loss, cost, expense, damage and liability of any kind (including consequential damage and liability in negligence) arising directly or indirectly from or related to any claim relating to your use of Stocktake Plus or any product made from your use of Stocktake Plus.
  6. Your liability to indemnify DAFF will be reduced proportionally to the extent that any negligent act or omission or breach of this licence by DAFF caused the loss or liability. Your liability to indemnify MLA will be reduced proportionally to the extent that any negligent act or omission or breach of this licence by MLA caused the loss or liability.

General

  1. The Joint Owners reserve the right at any time to vary this licence. Such variations will be effective immediately and incorporated into this licence.
  2. Any term which is held to be illegal, invalid or unenforceable will be severable and will not affect or impair the legality, validity or enforceability of the remaining terms.
  3. This licence is governed by the laws of the State of Queensland, Australia.
  4. This licence constitutes the entire agreement between the Joint Owners and you in relation to the subject matter it deals with, and supersedes all previous agreements or understandings between the parties in connection with its subject matter.

Privacy

  1. You agree and acknowledge that Stocktake Plus customer data will be stored on a server (in Australia) and remain confidential. You acknowledge that no third party (including DAFF, the Queensland State Government, FutureBeef partners or MLA) can access Stocktake Plus customer data.
  2. The Joint Owners will collect, use, disclose and handle your information in accordance with MLA’s privacy policy and the Privacy Act 1988 (Cth). http://www.mla.com.au/General/Privacy