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4. Licencee's Responsibility:
You assume all responsibility for, and ALK shall not be liable for, all action taken, decisions
made, and advice given as a result of your use of the Software.
5. General:
The export or re-export of the Software may be restricted by the laws of the United States
and other countries, and you shall not export this Software in violation of any such applicable
laws. This Licence Agreement is governed by the laws of the State of New Jersey.
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LICENCE AGREEMENT FOR WHEREIS™ DATA
1. GRANT OF LICENCE
Telstra Corporation Limited (ABN 33 051 775 556) ("Telstra") through its agent Sensis Pty Ltd
(ABN 30 007 423 912) ("Licensor") grants you a non-exclusive, non-transferable licence to use
the mapping data ("Whereis Data") contained in this CD-ROM on the following terms
("Licence"). The Licence commences when you click on the "I Agree" button at the end of
these terms and continues until terminated in accordance with this agreement.
2. RIGHTS OF USE
You may only use the Whereis Data for your own personal use. You may only install and use
the Whereis Data on one device at any one time. You must not copy, reverse engineer, adapt,
modify, distribute, publish in any form or permit any other person to use or deal with the
whole or any part of the Whereis Data. You must use reasonable steps to prevent any
unauthorised copying or use of the Whereis Data; and immediately notify the Licensor if you
become aware of any unauthorised copying or use of the Whereis Data by any person or of
any other infringement of the Licensor's rights in relation to the Whereis Data. The contact
details of the Licensor are as follows: Sensis Pty Ltd, 181-189 Victoria Parade, Collingwood,
Victoria 3066, Australia.
3. PROPERTY AND OWNERSHIP
All intellectual property rights (including copyright and any trade marks used by the Licensor
and Telstra) in and to the Whereis Data are the sole and exclusive property of, or a use under
licence by, the Licensor (or its licensors). Except to the extent permitted by this Licence, you
do not acquire any intellectual property rights in or to the Whereis Data.
4. EXCLUSION OF LIABILITY
To the extent permitted by law, the Licensor does not make any warranties of any kind,
whether express or implied, including any implied warranty of merchantability or fitness of the
Whereis Data for a particular purpose. Licensor's liability for breach of any condition or
warranty implied by statute which cannot be excluded is (to the extent permitted by law)
limited to, in the case of the supply of goods, the repair, replacement or re-supply of the goods
or of equivalent goods or the payment of the cost of repairing or replacing the goods or of
acquiring equivalent goods; and in the case of the supply of services, supplying the services
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again, or the payment of the cost of having the services supplied again, provided that there shall
be no such limitation for breach of such a condition or warranty where the relevant law
prohibits such limitation.
Subject to this clause 4, the Licensor, its employees, agents and contractors will not be liable
(whether in contract, tort or otherwise) to you or any other person for any loss, costs,
damage or injury of any kind whatsoever (including incidental or consequential loss) wholly or
partly arising out of or in connection with the use of or inability to use the Whereis Data.
5. TERMINATION
The Licensor may terminate the Licence immediately if you are in breach of any provision of
this agreement. Your rights under this agreement cease immediately upon termination of the
Licence and you must immediately cease using the Whereis Data; and at the Licensor's
election, return to the Licensor at the details described in clause 2.5 or destroy all materials
bearing or containing the Whereis Data and, if required by the Licensor, shall certify that the
Whereis Data and all such copies have been returned or destroyed. Termination of the Licence
does not affect any rights or remedies which accrued prior to termination.
6. GENERAL
You may not assign or sub-licence your rights under this Licence. This agreement constitutes
the entire agreement between the parties. Any previous agreements, understandings and
negotiations cease to have any effect. A provision of, or a right created under, this agreement
may not be waived except in writing signed by the Licensor. This agreement is governed by the
laws in force in the State of Victoria, Australia. A reference to a person includes a reference to
a firm, corporation or other corporate body.