LICENSING AGREEMENT FOR THE TRANSFER AND USE OF DIGITAL INFORMATION

This non-exclusive agreement is made

BETWEEN:

The Department of Planning, Lands and Heritage of 140 William Street, Perth in the State of Western Australia (hereinafter called the Licensor).

AND

the Licensee (contact details to be entered upon acceptance of this Agreement).

WHEREAS:

1. The Licensee acquires the right to use the information for the purposes set out at Item 1 of the Schedule held in digital form.
2. The Licensor agrees to provide the information described in Item 1 of the Schedule to the Licensee subject to the following conditions.

IT IS HEREBY AGREED AS FOLLOWS:

1. The Licensee acquires the right to use the information for the purposes set out at Item 2 of the Schedule.
2. The Licensee does not acquire any ownership in the information.
3. The Licensee obtains no copyright over the information and undertakes not to use the information in any public forum without the prior written consent of the Licensor.
4. The Licensee acquires the right to intermingle the information with its data and the parties acknowledge that ownership of this intermingled information is that of the Licensee.
5. The Licensee indemnifies the State of Western Australia, the Licensor and its officers in respect of all claims and consequences for loss or damage in connection with or arising out of the performance or use of the information or of derived information products or works produced from the supplied information.
6. The Licensee shall ensure that all products developed from or incorporation the supplied information or part thereof, bears an acknowledgement that some of the data used in the product may be information supplied by the Department of Indigenous Affairs and that the State of Western Australia through the Licensor is the owner of the copyright of some of that information.
7. The Licensee shall ensure that the information supplied by the Licensor cannot be used by third parties without the prior written consent of the Licensor.
8. The Licensee acknowledges that the information is supplied in the format and according to performance criteria as described in Items 3 and 4 respectively of the Schedule. No warranties or undertakings, express or implied, statutory or otherwise, as to the conditions, quality or fitness for the Licensee's purposes are provided with this information. It is the responsibility of the licensee to ensure that the information supplied meets its own individual requirements.
9. Subject to condition 10 below, this agreement remains in force for a period coincident with each refresh of the information supplied. The time frame for this on-line agreement may be renewed upon upgrades to the on-line digital data access system.
10. This agreement may be terminated by either party upon one month's notice in writing and shall be terminated by failure of either party to comply with any of the terms and conditions hereof.
11. Upon termination of this agreement, the Licensee shall delete and expunge from its production systems within three months all the information in its possession supplied by the licensor, except those required to be kept by the Licensee by force of statute. This shall not apply to archival copies or derived works.

ITEM 1 DESCRIPTION OF INFORMATION

Spatial boundaries and attribute details of Aboriginal Heritage Survey Areas in Western Australia.

ITEM 2 PURPOSE OF USE OF INFORMATION

ITEM 3 FORMAT OF INFORMATION

Spatial information (polygons) in ESRI File Geodatabase and shapefile file formats (Geographical coordinates, GDA94).

ITEM 4 PERIODIC UPDATES OF DATA

The Licensor agrees to make available to the Licensee monthly releases of updated information.

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