WARNING: PERMISSION TO USE THIS SOFTWARE IS CONDITIONAL UPON YOU, THE LICENSEE, AGREEING TO THE TERMS SET OUT BELOW.  DO NOT PROCEED TO DOWNLOAD AND USE THE SOFTWARE UNTIL YOU HAVE READ AND ACCEPTED ALL THE TERMS OF THIS LICENCE AND WISH TO BECOME THE LICENSEE OF THE SOFTWARE.  IF YOU PROCEED TO DOWNLOAD THE SOFTWARE YOU WILL BE DEEMED TO HAVE ACCEPTED THE FOLLOWING TERMS.

The IoliteSoftware (Software) has been developed by the University of Melbourne’s School of Earth Sciences (University).  The University has agreed to license use of the Software to the Licensee in consideration for the Licensee’s agreement to comply with the terms set out below.

1. The University grants to the Licenseea non-exclusive, non-transferable, royalty-free, revocable licence (excluding any right of sub-licence) to download and use the Software for the Licensee’s own research requirements strictly in accordance with these terms.

2. The Licensee must not, and must not allow or cause any other person to:

(a) print, copy or reproduce the Software by any means or in any form other than to make one copy of the Software for back-up and security purposes;

(b) give, lease, assign, license, sub-license, transfer, distribute, disclose, or disseminate the Software in any form to any other person or attempt to do any of these acts;

(c) modify, adapt, alter, reverse engineer or decompile the Software other than as may be required for the purposes of achieving interoperability with other software applications;

(d) alter, change, remove or obscure any notices or other indications (including copyright notices) as to ownership of the Software;

(e) commercially exploit  or itself publicly release the Software in the absence of any formal written agreement with the University 

3. The Licensee acknowledges that the licence granted by clause 1 does not make the Licensee the owner of the Software nor does it cause any transfer or assignment of any copyright or other intellectual or industrial property rights subsisting in the Software to the Licensee or to any other party.  Unless otherwise formally agreed in writing by the University, all right, title and interest in the Software and any derivatives thereof fully reside with the University.

4. The Licensee acknowledges that the University is not obliged and will not maintain or update the Software. 

5. The licence granted by clause 1 commences upon the first download by the Licensee of the Software and shall continue until terminated by written notice from the University.

6. If liability of the University for breach of any term, condition or warranty implied by law into contracts for the supply of goods and services (“Prescribed Term”) is capable of exclusion it is hereby excluded.

7. If liability of the University for breach of any Prescribed Term is capable of limitation it is hereby limited to resupply of the Software.

8. Except as provided by Prescribed Terms (if any) which are not capable of exclusion or limitation, or as expressly set out in these terms:

(a) the University makes no warranties in relation to the Software, including warranties as to performance or fitness for purpose; and

(b) the Licensee will not under any circumstances have any cause of action against, or right to claim or recover from, the University for or in respect of any loss, damage or injury (including without limitation any loss of profit, indirect or consequential loss, damage or injury) arising from the supply or use of the Software or any breach of these terms.

9. The Licensee agrees to indemnify the University from and against liability and all loss and damage of any kind whatsoever caused directly or indirectly by any claim or action against the University arising directly or indirectly out of the Licensee’s use of the Software or any breach by the Licensee of these terms.

10. These terms constitute the entire agreement between the Licensee and the University in relation to their subject matter and supersede and cancel all prior understandings, negotiations and agreements in connection with that subject matter, and may only be varied by a written agreement between the Licensee and the University.  They shall be governed by the laws in force in Victoria, Australia.