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mXrap End User Licence Agreement (EULA)

This EULA​

  1. mXrap is maintained by UWA through its Australian Centre for Geomechanics and is a platform for providing certain geotechnical data analysis, monitoring and investigation tools. mXrap may include apps developed by your organisation or third parties (Apps).

  2. This EULA is an agreement between you and UWA about how you use mXrap. You must read this EULA before accessing or using mXrap. By using mXrap, you accept this EULA in full.

  3. UWA may change the terms of this EULA at any time. If it does so, it will bring those changes to your attention by updating and displaying this EULA when you next access mXrap. If you do not agree with the updated EULA, you must cease using mXrap.

  4. This EULA is governed by the laws of Western Australia and is the entire agreement as and between you and UWA governing your use of mXrap. You may not assign the benefit of this EULA to any other person.

Your use of mXrap​

  1. If you use material prepared using mXrap in any publication, you must clearly acknowledge and reference mXrap in the format and with such wording as available on the mXrap website.

  2. You must only use mXrap if you have been authorised to use it by an organisation that has entered into an agreement with UWA allowing for your use. If you are not authorised, or are not sure, you must not use mXrap. You must not permit any person who is not authorised to access mXrap.

  3. You must ensure that you have all licences, authorisations, consents, approvals and permits required by any lawto use mXrap for the purposes for which you will use it.

  4. You must comply with all laws in using mXrap and must not, in your use of mXrap, any App or any content you upload, infringe any person's rights, including intellectual property, privacy or confidentiality obligations. You must not use mXrap to harm another person in any way or to engage in any conduct that is misleading or deceptive.

  5. You must not use mXrap to transmit unsolicited messages, delete any attributions or legal or proprietary notices on mXrap, reverse engineer, copy, modify or create derivative works of any part of mXrap or redistribute mXrap.

No reliance on mXrap​

  1. mXrap is provided as a set of tools to assist in geotechnical data analysis, monitoring and investigation and cannot, and is not intended to, replace the comprehensive review, professional judgement or decision making.

  2. You must verify any mXrap Information you intend to use for any purpose. You must not, and warrant that you will not, rely on mXrap or any outputs of mXrap to determine any course of action.

  3. UWA does not warrant that that mXrap or any outputs of it will be free from errors, accurate or complete. In particular, UWA disclaims all responsibility for any Apps you use with mXrap, which may be developed by your organisation or third parties.

  4. By using mXrap you acknowledge that mXrap may not be available, functional or useable at all times or at any time.

Intellectual property​

  1. You or your organisation own all intellectual property in data you input into or generate from mXrap and any Apps you solely develop (Your Material). You consent to UWA using Your Material for providing mXrap.

  2. If you use any Apps developed by UWA or third parties, intellectual property in those Apps remains with UWA or those third parties, including in any modifications, derivates or improvements of those Apps.

  3. All intellectual property in mXrap and any App other than Your Material, including any derivative works or modifications made by you or your organisation are owned or licenced by UWA. To the extent that you create or contribute to any mXrap or any App (other than Your Material) you hereby assign to UWA (or the owner of any relevant App) all rights, title or interest in respect of that contribution.

Liability​

  1. By using mXrap or any App, you indemnify UWA and its personnel against any loss or damage suffered or incurred due to any claim by a third party arising out of or in connection with your use of mXrap or any App.

  2. You may have rights under the Australian Consumer Law or other laws which cannot be excluded, modified or restricted (Consumer Rights). Nothing in this EULA excludes, modifies or restricts any Consumer Rights.

  3. Without affecting any Consumer Rights, to the fullest extent permitted at law, UWA disclaims all express, implied and statutory warranties with regard to mXrap, including any Apps used with mXrap, whether provided by UWA or otherwise.

  4. As and between you and UWA, UWA's liability to you in respect of any Consumer Rights is limited, at UWA's option, to resupplying mXrap to you, paying the cost of having mXrap resupplied to you or refunding any amounts paid by you in respect of your access to mXrap.

  5. Other than liability for a failure to comply with any Consumer Rights, UWA's liability to you is limited to the aggregate of all amounts paid by you to UWA in respect of your access to mXrap in the 12 months preceding the events giving rise to the claim.

Term and termination​

  1. This EULA commences upon your initial access of mXrap and continues to apply each and every time you access mXrap in any way unless terminated by us earlier. Upon termination of this EULA by UWA, you must cease using mXrap.

  2. If we reasonably suspect that you have breached this EULA in any way, we may send one or more formal warnings to you via email, temporarily or permanently suspend your access to mXrap, or permanently prohibit you from accessing mXrap.

  3. If the agreement between UWA and your organisation is terminated or expires, or if we discontinue or cease publishing or maintaining mXrap, we may immediately terminate this EULA and your access to mXrap.