YOU ARE GRANTED A NON-EXCLUSIVE, NON-TRANSFERABLE LICENSE TO USE THE RATINGS
CALCULATOR (“THE SOFTWARE”) IN ACCORDANCE WITH THESE TERMS AND CONDITIONS. USE
OF THE SOFTWARE SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS:
The Software is patent pending and is subject to copyright under the Copyright
Act 1968 (Commonwealth of Australia) and through various international treaties
and agreements under the laws of other countries. Unless expressly stated, the
Department of Environment, Climate Change and Water (“DECCW”), acting for and
on behalf of the Crown in right of the state of New South Wales and acting as
administrator of the National Australian Built Environment Ratings System
(“NABERS”) and the Australian Building Greenhouse Rating scheme (“ABGR”), owns
the copyright and any patent rights in the Software.
The Software is made available free of charge for the sole purpose of
non-commercial, private use in carrying out unofficial ratings for your
information only. It is not to be reproduced, modified, sold, let for hire,
sub-licensed or otherwise distributed, and is available "AS IS" without any
warranty of any kind.
To the fullest extent permitted by law, DECCW expressly disclaims all
warranties, whether express or implied. In no event will DECCW be liable for
any indirect, special, incidental, tort, economic or consequential damage or
damages for negligence or any loss of profit, whether arising out of the use or
inability to use the Software, any outcome produced by the Software or any
reliance thereon, or otherwise.
DECCW does not warrant or represent that any outcome produced as a result of
the use of the Software is accurate, or will be the same as, or is indicative
of the outcome of any official rating by DECCW. You must not make any
representation to third parties based on any outcome produced as a result of
the use of the Software, and no license is granted to the use or reproduction
of any logos, trade marks or names of DECCW, NABERS or ABGR.
DECCW does not warrant that the Software is free of computer viruses or other
conditions that could damage or interfere with data, hardware or software with
which it might be used. The Software is made available on the strict condition
that the user assumes all risk of use and absolves DECCW of all responsibility
for any consequence of its use.
Nothing in this disclaimer operates to exclude, restrict or modify the
application of any provision of the Trade Practices Act 1974 (Cth) or any
equivalent State or Territory legislation, or any rights conferred or liability
implied by such provisions. To the extent that it is able to do so, DECCW
expressly limits its liability for any breach of any condition or warranty
(whether implied by legislation or otherwise) to one of the following, the
choice of which is to be at the sole discretion of DECCW:
-
the replacement of the Software; or
-
the payment of the cost of replacing the Software or of acquiring equivalent
software.
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