Vic3D End User Licence Agreement

This EULA is a legal agreement between The State of Victoria as represented by its Department of Transport and Planning ABN 69 981 208 782 (DTP) and you (You) a user of Vic3D named by a Vic3D Licensee to use Vic3D. This EULA governs Your use of Vic3D and forms a binding agreement between us.

AGREEMENT
1. By using the VIC3D, You acknowledge and agree that you have had sufficient chance to read and understand these terms and you agree to be bound by them. If you do not agree to the terms of this EULA, do not use Vic3D.
2. The terms of this EULA may be modified from time to time and you should regularly review them. Your continued use of the Vic3D after notification of modified terms constitutes your agreement to the modified EULA.
LICENCE
1. Subject to the terms and conditions of the Master Agreement with the Vic3D Licensee, the Third Party Licences, and this EULA the DTP grants You a non-transferable and non-exclusive licence to use Vic3D during the term for the purposes of the Vic3D Licensee’s internal planning and urban design related tasks.
REGISTRATION
1. You must have and only use your Named User Account in order to use Vic3D.
2. When registering a Named User Account You agree that:
  1. all information provided by You or on your behalf in connection with the account is accurate;
  2. you will limit your account to a single user;
  3. you will keep your account login details confidential and you will not allow any other person to use your account to access Vic3D; and
  4. you will be responsible for any activities conducted via your account.
USE OBLIGATIONS
1. You must only:
  1. access Vic3D in the normal manner using your named user account.
  2. use Vic3D for the Vic3D Licensee’s internal planning and urban design purposes.
2. You are not permitted to commercially exploit Vic3D, including by selling, sublicensing, transferring, distributing, or otherwise using Vic3D in any way for commercial purposes.
3. In using Vic3D, You must not:
  1. commit or encourage a criminal offence;
  2. transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
  3. hack into any aspect of the Vic3D, corrupt data, or cause annoyance to other users;
  4. send any unsolicited advertising or promotional material, commonly referred to as “spam”;
  5. attempt to affect the performance or functionality of any computer facilities of or accessed through the Services;
  6. include any content in Vic3D that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or an interference with a person’s privacy;
  7. use Vic3D in a manner that would bring DTP or Vic3D into disrepute;
  8. copy, alter, modify, reproduce, reverse engineer, decompile, disassemble, or attempt to derive Source Code from Vic3D, including directly or indirectly permitting or causing a third party to do the same; and
  9. use Vic3D in a manner that will infringe upon Intellectual Property Rights, Moral Rights, or any other rights of any third party, or any Laws.
4. You must comply with any terms or restrictions on Your use of Vic3D as required by the Third Party Licences, as notified to you by DTP from time to time. Your continued use of Vic3D after being notified of these terms and restrictions and any changes to them constitutes your acceptance of these terms and restrictions.
SUPPORT AND MAINTENANCE
1. You acknowledge and agree that DTP provides the Vic3D service on an as-is basis and while DTP will use reasonable efforts to keep Vic3D available does not provide any warranties or guarantees around accuracy, being error-free, support, uptime or performance.
2. The DTP may perform scheduled maintenance, update, modify, or replace Vic3D from time to time, including by adding or removing any features and functionalities. Access to Vic3D may be restricted temporarily during that time.
WARRANTIES
1. You represent and warrant to us that you have the legal capacity to enter this EULA.
2. Vic3D is provided to You on an “as is” basis without express or implied warranty of any kind.
3. DTP does not warrant:
  1. that access to or use of the Vic3D will be uninterrupted or error free or that Vic3D or any material on or accessible through the Vic3D is free from errors or viruses, Trojan horses or other harmful components; or
  2. anything about the reliability, ownership, accuracy, completeness, timeliness, quality or suitability for any purpose of any information or material on or accessible through the Vic3D.
LIABILITY
1. This clause does not exclude or limit the application of:
  1. any terms of any other agreement between Vic3D Licensee and DTP regarding Vic3D; and
  2. any statutory provision, including the Australian Consumer Lawset out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), where to do so would:
    1. contravene that statute; or
    2. cause any part of this clause to be void.
2. Subject to clause 7.1, to the fullest extent permitted by law:
  1. DTP excludes all representations, warranties or terms (whether express or implied) other than those expressly set out in this EULA. In particular, DTP exclude all terms, conditions and warranties implied by custom, the general law or statute relating to the supply of goods and services; and
  2. DTP excludes all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
3. Our liability to You for breach of a statutory provision under clause7.1(2) as it relates to the supply of goods and services is limited, at our option, to:
  1. in the case of goods:
    1. the replacement of the goods;
    2. the repair of the goods;
    3. payment of the cost of replacing or repairing the goods; and
  2. in the case of services:
    1. the supply of the services again; or
    2. payment of the cost of having the services supplied again.
4. You accept all risks and responsibility for all loss, damages, costs and other consequences resulting from using Vic3D or material generated on or accessible through Vic3D.
TERMINATION
1. This EULA terminates automatically if, for any reason, DTP cease to operate Vic3D.
2. DTP may otherwise terminate the EULA immediately, with notice to you, if you have breached any provision of this EULA.
3. DTP may in their sole discretion revoke or suspend your access to Vic3D or otherwise may permanently ban and delete your Named User Account if in DTP’s reasonable opinion:
  1. You breach any provision of this EULA;
  2. it is necessary to avoid any or prevent ongoing misuse; or
  3. the DTP is required to do so to comply with a legal requirement including a Third Party Licence,
  and You must comply with any reasonable directions of the DTP in order to give effect to this clause.
INDEMNITY
1. You agree to indemnify, defend and hold us, our directors, officers, employees, consultants, agents, and affiliates, harmless from any and all claims, liability, damages, costs and expenses arising from your use of Vic3D, your failure to comply with this EULA or from your violation of any applicable law.
GENERAL
1. You must not assign, sublicense or otherwise deal in any other way with any of your rights under this EULA.
2. If a provision of this EULA is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
3. Each party must at its own expense do everything reasonably necessary to give full effect to this EULA and the events contemplated by them.
4. This EULA is governed by the laws of Victoria and each party submits to the jurisdiction of the courts of Victoria.
DEFINITIONS
1. In this agreement, unless the context otherwise requires or a contrary intention appears:
  1. EULA means this End User Licence Agreement
  2. Intellectual Property Rights means all present and future intellectual property rights including, without limitation, copyright (including Moral Rights), trade marks (including goodwill in those marks), designs, patents, circuit layout rights, trade secrets, the right for confidential information to be kept confidential, domain names, any application or right to apply for registration of such rights and all other rights of a similar nature existing in Australia or elsewhere, whether or not such rights are registered or capable of being registered.
  3. Moral Rights has the meaning given in the Copyright Act 1968 (Cth) and includes a right of a similar nature that is conferrable by statute, and that exists or comes into existence anywhere in the world.
  4. Named User Account means a registered account for You to access Vic3D which is associated with and whose creation is expressly authorised by a Vic3D Licensee.
  5. Third Party Licences means any licences or subscription agreements between DTP and a third party for software or services that are necessary to provide or enable Vic3D.
  6. Source Code means the Source Code of the program(s), expressed in human-readable language, that is necessary for the understanding, maintaining, modifying, correction and enhancing the program(s).
  7. Vic3D means DTP’s 3D planning-focused web-based viewer that provides a range of tools to support 2D and 3D spatial analysis and visualisation.
  8. Vic3D Licensee means the entity that has a licence agreement to Vic3D with DTP and who has authorised You to use Vic3D in connection with their operations.