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PAL CX PAL CX 1.0

 1.                      Licence

 1.1.                  Your rights and key obligations

 1.1.1.               You may:

a.      use the material for any lawful purpose

b.      copy the material in any format or medium

c.      change the material, and

d.      supply the material to any person,

provided that you comply with all terms of this licence, including:

e.      all special conditions

f.       that you retain the licence statement on copies of material that you make

g.      that you include the source statement and special conditions, but not the licence mark or attribution statement, on copies of material that you have changed, and

h.      that you accept the disclaimers of liability in clauses 5 and 7.4.

 1.2.                  Licence scope

 1.2.1.               This licence is non-exclusive, non-transferable, world-wide and perpetual for the duration of the copyright in the material.

 1.2.2.               This licence is not intended to limit any rights otherwise available to you under the Copyright Act 1968.

 2.                      Licence statement

 2.1.                  Unchanged material

 2.1.1.               You must not remove or alter the licence statement on copies of the material that you make.

 2.2.                  Changed material

 2.2.1.               If you change the material, you must remove the attribution statement but must keep the source statement on all changed material. The source statement must be included with the same prominence on your changed material as it has on the material we supplied to you.

 2.2.2.               You must not include the licence mark on items of the material you have changed.

 3.                      Supply of material

 3.1.                  Supplying unchanged material

 3.1.1.               When you supply the material unchanged to another person, we directly licence that person to use the material under the terms of this licence.

 3.2.                  Supplying changed material

 3.2.1.               When you supply the material, which you have changed, to another person (recipient) you may sub-licence our material as part of the changed material under any terms you wish provided that you either:

a.      give recipients no broader rights than are granted to you under this licence, or

b.      supply the material under an equivalent Creative Commons Attribution licence,

and that you also:

c.      ensure that the recipient agrees that their rights in respect of our material may be terminated in the event we exercise our rights under clause 6 of this licence,

d.      include a prominent statement on the changed material identifying the changes that you have made

e.      legally oblige each recipient to include the source statement and special conditions on the changed material they copy or supply (whether they make further changes or not) and where they do make changes, include a prominent statement on the changed material identifying the changes that they have made, and

f.       legally oblige each recipient to impose, on persons they supply the changed material to, the same obligations as are imposed on the recipient in clause 3.2.1(c)-(f).

 4.                      No endorsement

 4.1.1.               Except as required by this licence, you agree not to represent or imply in any way that we or any person named in the licence statement supports or endorses, or are connected with, you or any use you make of the material.

 4.1.2.               You agree not to do anything with the material or licence mark that breaches this licence, a law or is likely to mislead or deceive another person.

 5.                      Disclaimer of liability

 5.1.1.               We provide the material 'as is' and use is at your own risk. Unless otherwise expressly set out in this licence, and to the maximum extent permitted by law:

a.      we make no representation and give no warranty of any kind, whether express, implied, statutory or otherwise in respect to the accuracy, completeness, currency, merchantability, quality or reliability of the material or that the material will be fit for any particular purpose, and

b.      our liability to you or any other person for any loss, damage, cost or expense resulting from your use of the material or exercise of rights under this licence is entirely excluded.

  6.                      Termination

 6.1.1.               The licence, and your rights under it, automatically terminates if:

a.      you do not comply with the terms and conditions of this licence; or

b.      we notify you that we have terminated your licence, in which case any sub-licences of our material that you have provided also terminate, unless we notify otherwise.

 6.1.2.               We may only terminate this licence if we determine, acting reasonably that:

a.      the material is inaccurate

b.      in your use of the material you have breached, or we reasonably suspect you have breached, a law, or

c.      there is another genuine reason to support termination.

 7.                      Interpretation

  7.1.                  Glossary of terms

 7.1.1.               Where a word used in this licence is included in the glossary, that word has the meaning set out in the glossary.

 7.2.                  Guidance on construction of licence

 7.2.1.               This licence records the entire agreement between the parties in relation to its subject matter. Any variation must be in writing signed by the parties.

 7.2.2.               As far as possible all provisions of this licence will be construed so as not to be void or otherwise unenforceable. If anything in this licence is void or otherwise unenforceable then it is severed and the rest of the licence remains in force.

 7.2.3.               This licence is to be construed in accordance with, and any matter related to it is to be governed by, the law of the Australian Capital Territory.

 7.3.                  Applicability to Australian Government Agencies

 7.3.1.               If you are an Australian Government agency subject to the Financial Management and Accountability Act 1997 our exclusion of liability in clause 5.1.1.b does not apply.

 7.4.                  Commencement of the licence contract

  7.4.1.               The terms of this licence, in the form of a contract between you and us, apply on and from the date on which you first exercise a right granted by this licence which, but for this licence, would constitute an infringement of the copyright of the rights holder(s) for the material (for the purposes of the Copyright Act 1968).

 7.4.2.               Your exercise of such a right indicates your acceptance of the terms and conditions of this licence.

 7.5.                  PAL attribution and disclaimer

 7.5.1.               The PAL licences are made available by the Australian Government Solicitor and were developed by Adrian Snooks, Senior Executive Lawyer with the support of the Australian Government’s Attorney-General’s Department. These persons:

a.      are not parties to the licence as a result of this involvement, and

b.      disclaim all warranties and liability relating to any person’s use of the licences or any material to the maximum extent permitted by law.

              GLOSSARY

The terms used in the PAL licences have the following meanings:

attribution statement

means the statement marked 'Attribution statement' in the licence statement

Australian Government agency

means an agency of the Australian Government that is regulated by either the Financial Management and Accountability Act 1997 or the Commonwealth Authorities and Companies Act 1997

change

means any modification of the material (which could include without limitation: altering, enhancing, translating, adapting, reducing or combining with other material)

copy

means to reproduce the material, whether or not in a different physical or electronic format or medium (and would include for example, digitising the material)

equivalent Creative Commons Attribution licence

means the Creative Commons Attribution 3.0 Australia licence - where changes are permitted under this licence; or the no-Derivatives option of the Creative Commons Attribution 3.0 Australia licence - where changes are not permitted under this licence

law

means an Act made by a parliament (or legislative assembly) of the Commonwealth, or a State or Territory, of Australia, or an instrument made under such an Act

licence mark

means the specific PAL design that is applied to the material

licence statement

means the statement included on the material that incorporates the attribution statement, source statement and licence mark (whether visible or not) and the special conditions (if any)

material

means a work or subject matter capable of protection under the Copyright Act 1968, that is offered under the terms of this licence and on which the licence mark has been applied by us

person

means a natural person (i.e. an individual) or corporate person (i.e. a company) and may include an Australian Government agency as the context requires

purpose

means any purpose, including purposes that are commercial in nature

source statement

means the statement marked 'Source statement' in the licence statement

special conditions

means the terms or conditions (if any) marked 'Special conditions' in (or linked from) the licence statement

supply

means to make available by any means to another person including through provision of a physical copy or communication by electronic means (for example online or by e-mail) or broadcast

us, we

means the Australian Government agency specified in the attribution statement or source statement as making the material available

use

means either:

i.       in clause 1.1.1(a): to read, view, play, perform, operate or execute the material (depending on its nature or format) except to the extent that you have these rights otherwise than under this licence, or

ii.      in all other clauses: the exercise any of the rights granted in clause 1.1.1(a)-(d)

you

means the person who exercises a right granted by this licence in respect of a legitimately obtained copy of the material (i.e. where the person has not obtained the material unlawfully) and the person has not previously had their licence to the material terminated (unless the licence is subsequently reinstated by us in a written notice to you)