Department of Planning and Local Government

Principal Conditions of Use

Data downloaded from the Department of Planning, Transport and Infrastructure Data Download site is subject to a digital license agreement. The principal conditions of the license are:

All intellectual property rights (including copyright) in the Datasets belong to the Crown in right of South Australia.
The Customer is permitted to use the Dataset for the purpose of demonstration, displays, reports and statistical analysis.
Products displaying these data must acknowledge that the data were supplied by the Department of Planning, Transport and Infrastructure, South Australia.
Customers are advised to be aware of any data limitations expressed in the metadata for the specified dataset.
The Customer is not allowed to copy or reproduce the Datasets in any form for the purposes of distribution, (whether for remuneration or otherwise), sale, hire, lease or license or otherwise commercialise the Dataset.
Should the Customer wish to commercialise the Dataset a specific license for this purpose must be sought from the Department of Planning, Transport and Infrastructure.

Definitions

In this Agreement, unless the context otherwise requires:

Commercialise: means in respect of the Dataset or products or services derived from the Dataset, the distribution (whether for remuneration or otherwise), sale, hire or offering for distribution, sale, hire of any product embodying the information contained on the Dataset.
Dataset: means the compilation of information comprised in the Dataset and where relevant the medium upon which it is stored which is the subject matter of the license.
Intellectual Property Rights: means any patent, copyright, trademark, trade name, design, trade secret, know how or other form of confidential information or any right to registration of such rights and any other form of intellectual property right whether arising before or after the execution of this Agreement.
Metadata: means the data to be used as an aid in interpreting the information contained in the Dataset.
The Department: means Department of Planning, Transport and Infrastructure within the Government of South Australia

1. CONFIDENTIALITY

1.1 The Licensee shall subject to Condition 1.2, treat the information contained in the Dataset as private and confidential to the Licensee.

1.2 The Licensee shall take all reasonable steps to ensure that any person, including contractors and consultants employed by the Licensee, keep the information contained in the Dataset confidential and does not disclose the information contained in the Dataset to any person or use the information contained on the Dataset for any purpose other than in accordance with the provisions of this Agreement.

1.3 The Licensee's obligations under this Condition 7 shall survive the termination of this Agreement.

2. DISCLAIMER

2.1 Although every effort has been made to ensure the correctness and accuracy of the information the Dataset, the Department makes no representations, either express or implied, as to the accuracy, currency, completeness or suitability for any particular purpose of the information and accepts no liability for any use of the Dataset or any responsibility for any reliance placed on that information. The Licensee acknowledges that the Dataset cannot be guaranteed error free and that use of the Dataset is at the user's sole risk and that the information contained in the Dataset may be subject to change without notice.

2.2 The Licensee acknowledges that the Dataset is made available by the Department subject to the data limitations expressed in the 'metadata'.

2.3 In the event any statute implies terms into this Agreement which cannot be lawfully excluded such terms will apply to this Agreement save that the liability of the Department for breach of any such implied term will be limited to the replacement of goods to which the breach relates or the supply of equivalent goods (at the discretion of the Department).

2.4 To the extent permitted by law the Department will not be liable for any indirect or consequential damages arising out of a breach of this License or arising out of the supply of defective information.

2.5 The Licensee acknowledges that it has exercised its independent judgment in acquiring the information and has not relied on any representations made by the Department which has not been stated expressly in this Agreement or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by the Department.

3. COPYRIGHT ACKNOWLEDGMENT

3.1 The Licensee acknowledges that the Dataset and where relevant accompanying documentation are the subject of copyright. The Licensee shall not during or any time after the expiry or termination of this License carry out or permit any act which infringes that copyright and without limiting the generality of the foregoing the License specifically acknowledges that it may not copy the Dataset except as otherwise expressly authorised by this Agreement.

3.2 Subject to Condition 3.3 in all circumstances where the Licensee quotes or publishes statistics or records from the Dataset a statement acknowledging that the Dataset was supplied by the Department must be included.

3.3 Any analysis or transformation or reworking of the Dataset shall not be attributed to the Department.

4. INDEMNITY