Data download licence

Whole Agreement

This Agreement constitutes the whole agreement between the Commonwealth of Australia (represented by the Australian Electoral Commission) and the Licensee with respect to the Data, and supersedes any prior negotiations, agreement or understanding.

Grant of Licence

The Australian Electoral Commission grants to the Licensee a non-exclusive, non-transferable licence (the Licence):

1. to receive the current version of the Data from the Australian Electoral Commission;
2. to load, display, print and reproduce views obtained from the Data;
3. to develop Derivative Product from the Data;
4. to distribute the Data or the Derivative Product to End-users; and
5. to sublicense the Licensee's rights outlined in this clause, subject to the terms of this Licence.

Where the Data is used in unaltered form

The Licensee must make End-users aware the data was sourced from the Australian Electoral Commission and is used under licence. Distribution information must be supplied to the Australian Electoral Commission on request. The following copyright statement shall be used:

Limited End-user licence provided by the Australian Electoral Commission: You may load, display, print and reproduce views obtained from the Data (Commonwealth Electoral Boundaries (various years)), retaining this notice, for your personal use, or use within your organisation only. You must not create a Derivative Product in which the Data is altered, abridged or supplemented. The Australian Electoral Commission gives no warranty regarding the Data's accuracy, completeness, currency or suitability for any particular purpose.

Where a Derivative Product is developed from the Data

The Licensee must supply a copy of the Derivative Product and distribution information to the Australian Electoral Commission on request. Any Derivative Product shall display the following copyright statement:

The Data (Commonwealth Electoral Boundaries (various years)) has been used in XXXX with the permission of the Australian Electoral Commission. The Australian Electoral Commission has not evaluated the Data as altered and incorporated within XXXX, and therefore gives no warranty regarding its accuracy, completeness, currency or suitability for any particular purpose.

Limited End-user licence provided by the Australian Electoral Commission: You may use XXXX to load, display, print and reproduce views obtained from the Data, retaining this notice, for your personal use, or use within your organisation only.

(The minimum level of attribution, which applies to simple publications, such as a map, but not including digital products, is as follows):

Retention of notices

Except as permitted above the Licensee shall not remove, obscure or interfere with any copyright statement, acknowledgment, attribution, trade mark, warning or disclaimer statement affixed to, incorporated in or otherwise applied in connection with the Data.

Intellectual Property

The Licensee acknowledges that the Data is a special, unique and valuable product in which the copyright and other applicable Intellectual Property rights vest in the Australian Electoral Commission. All rights not expressly granted to the Licensee under the Agreement are reserved. The Australian Electoral Commission warrants that the grant of the Licence does not infringe the Intellectual Property rights of any person.

Responsibility for employees and agents: The Licensee shall take all reasonable steps to ensure that any person given access to the Data on its behalf is aware of these Licence Conditions and uses the Data only in accordance with the Agreement.

Precautions

The Australian Electoral Commission does not warrant the accuracy, completeness, currency or suitability of the Data for any purpose. The Licensee assumes responsibility for selection of the Data to achieve any intended results, and for its installation and use. The Licensee also assumes responsibility for the interpretation of any results obtained from use of the Data, and must exercise all appropriate precautions before placing reliance on those results.

Product Warranty

No warranties, express or implied, are given or offered for the Data except as provided in this Condition. Where any statute implies into the Agreement any condition or warranty, and that statute prohibits provisions excluding or modifying the application or exercise of, or liability under, such condition or warranty, such condition or warranty shall be deemed to be included in the agreement. However, the Australian Electoral Commission's liability for any breach of such statutory condition or warranty shall be limited, at its option, to any one or more of the following:

1. replacement of the Data,
2. the supply of an equivalent product,
3. payment of the cost of replacing the Data or acquiring an equivalent product,
4. a refund of the price (if any) paid by the Licensee for the Data.

Release and Indemnity

Except as provided in the previous Condition, the Licensee:

1. releases the Australian Electoral Commission, the Commonwealth and their employees and agents in respect of all liability for loss, damage or injury which may be suffered by the Licensee arising from its use of the Data,
2. indemnifies the Australian Electoral Commission, the Commonwealth and their employees and agents in respect of all liability for loss, damage or injury, which may be suffered by any person arising from that person's use of the Data supplied to the Licensee.

Severance

Any reading down or severance of a particular provision of the Agreement does not affect the remaining provisions.

Waiver

No forbearance, delay or indulgence by a Party in enforcing the provisions of the Agreement shall prejudice or restrict the rights of that Party, nor shall waiver of those rights operate as a waiver of any subsequent breach.

Variation

No variation of the Agreement shall be of any force or effect unless it is in writing signed by both Parties.

Termination

The Licence shall be deemed terminated automatically in the event of a breach of warranty if the Licensee breaches any Condition of the Agreement. Termination of the Licence shall not affect any rights accrued by either Party under the Agreement prior to termination. Upon termination the Licensee shall immediately cease using the Data for any purpose whatsoever, and shall erase all copies under its control, unless otherwise directed by the Australian Electoral Commission.

Applicable Law

The Agreement shall be construed in accordance with the law of the Australian Capital Territory and the Parties submit to the jurisdiction of courts of that Territory.

Application within the Commonwealth

Where the Licensee is a Department or agency of the Commonwealth of Australia, such that it is not permitted to enter into a binding legal agreement except as the Commonwealth, then the Agreement shall be read down as a mere arrangement.

Definitions and Interpretation

In these Conditions, unless the contrary intention appears:

terms not otherwise defined are to be construed according to the context in which they first appear in bold type;

number: the singular includes the plural and vice versa;

parts of speech: a reference to one part of speech includes all other parts;

"the Agreement" means this agreement constituted by the Licence Conditions;

"the Australian Electoral Commission" means the Commonwealth of Australia, represented by the Australian Electoral Commission, and includes any agency which succeeds to the functions of that agency;

"the Data" means the Commonwealth Electoral Boundaries (various dates);

"Derivative Product" means a distinct product in which the Data is altered, abridged or supplemented, and/or which incorporates additional functionality;

"End-user" means a third party to whom the Licensee supplies the Data or a Derivative Product;

"Intellectual Property" includes all copyright, and all rights in relation to registered and unregistered trademarks (including service marks), registered designs and confidential information (including trade secrets and know-how), and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields;

"Licensee" means you, or the organisation (if any) on whose behalf you are taking the Licence;

"Parties" means the Australian Electoral Commission and the Licensee;

Submit Licence

I agree to the terms of the AEC Spatial Data Download Data Licence