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1 | NICTA Public Software Licence | ||
2 | Version 1.0 | ||
3 | |||
4 | Copyright © 2004 National ICT Australia Ltd | ||
5 | |||
6 | All rights reserved. | ||
7 | |||
8 | By this licence, National ICT Australia Ltd (NICTA) grants permission, | ||
9 | free of charge, to any person who obtains a copy of this software | ||
10 | and any associated documentation files ("the Software") to use and | ||
11 | deal with the Software in source code and binary forms without | ||
12 | restriction, with or without modification, and to permit persons | ||
13 | to whom the Software is furnished to do so, provided that the | ||
14 | following conditions are met: | ||
15 | |||
16 | - Redistributions of source code must retain the above copyright | ||
17 | notice, this list of conditions and the following disclaimers. | ||
18 | - Redistributions in binary form must reproduce the above copyright | ||
19 | notice, this list of conditions and the following disclaimers in | ||
20 | the documentation and/or other materials provided with the | ||
21 | distribution. | ||
22 | - The name of NICTA may not be used to endorse or promote products | ||
23 | derived from this Software without specific prior written permission. | ||
24 | |||
25 | EXCEPT AS EXPRESSLY STATED IN THIS LICENCE AND TO THE FULL EXTENT | ||
26 | PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS-IS" AND | ||
27 | NICTA MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY | ||
28 | KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY | ||
29 | REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE CONTENTS | ||
30 | OR ACCURACY OF THE SOFTWARE, OR OF TITLE, MERCHANTABILITY, FITNESS | ||
31 | FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, THE ABSENCE OF LATENT | ||
32 | OR OTHER DEFECTS, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR | ||
33 | NOT DISCOVERABLE. | ||
34 | |||
35 | TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL | ||
36 | NICTA BE LIABLE ON ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, | ||
37 | NEGLIGENCE) FOR ANY LOSS OR DAMAGE WHATSOEVER, INCLUDING (WITHOUT | ||
38 | LIMITATION) LOSS OF PRODUCTION OR OPERATION TIME, LOSS, DAMAGE OR | ||
39 | CORRUPTION OF DATA OR RECORDS; OR LOSS OF ANTICIPATED SAVINGS, | ||
40 | OPPORTUNITY, REVENUE, PROFIT OR GOODWILL, OR OTHER ECONOMIC LOSS; | ||
41 | OR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR | ||
42 | EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS LICENCE, | ||
43 | THE SOFTWARE OR THE USE OF THE SOFTWARE, EVEN IF NICTA HAS BEEN | ||
44 | ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. | ||
45 | |||
46 | If applicable legislation implies warranties or conditions, or | ||
47 | imposes obligations or liability on NICTA in respect of the Software | ||
48 | that cannot be wholly or partly excluded, restricted or modified, | ||
49 | NICTA's liability is limited, to the full extent permitted by the | ||
50 | applicable legislation, at its option, to: | ||
51 | |||
52 | a. in the case of goods, any one or more of the following: | ||
53 | i. the replacement of the goods or the supply of equivalent goods; | ||
54 | ii. the repair of the goods; | ||
55 | iii. the payment of the cost of replacing the goods or of acquiring | ||
56 | equivalent goods; | ||
57 | iv. the payment of the cost of having the goods repaired; or | ||
58 | b. in the case of services: | ||
59 | i. the supplying of the services again; or | ||
60 | ii. the payment of the cost of having the services supplied | ||
61 | again. | ||