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.

DECC 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.

DECC 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 DECC:

• the replacement of the Software; or
• the payment of the cost of replacing the Software or of acquiring equivalent software.

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