NIEIR : State of the Regions

Username		Choose a username
First name(s)		Please enter your first name
Surname		Please enter your given name
Email address		Please enter a valid e-mail address
Organisation		Please enter the name of your organisation
Position		Please enter your position within the organisation
Business Phone
Mobile Number
Address

- End user license agreement -
- State of the Regions (SOR) software and database -
  
This is the end user license agreement (EULA) for SOR online database created by the National Institute of Economic and Industry Research (NIEIR).

Copyright: The SOR online database allows the user to access SOR data at the local government area level. The data can provide a useful picture of the state of an LGA. The data provided can be used by the purchaser to inform reports and plans and for any analysis. The license however does not allow for the data to be resold or for large data sets to be reproduced in other forms such as on web sites or in commercial consultants' reports and additional permission should be sought from NIEIR if users wish to make commercial use of the data provided.

You must read this carefully, by using the NIEIR database and specifically in the case of this end user license agreement, the SOR database you agree to be bound by the terms of this EULA. The EULA is a legal agreement between you (either an individual or a single entity) and NIEIR for database product identified in this  EULA, which includes all associated data and other product including guides, reports and other written analysis provided by NIEIR whether electronic or otherwise.  It must be understood that if you do not agree to the terms of this EULA, you may not use NIEIR's SOR products. Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the SOR database.

The database product is licensed, not sold.     NIEIR own all intellectual property in the database provided to you. NIEIR permits you to use the software and database only in accordance with the terms of this agreement.  
 
1. Definitions " database" means (a) all of the contents of the files, in this case web based, including but not limited to (i) NIEIR information or data; (ii) related explanatory written materials or files ("Documentation"); and (iii) upgrades, modified versions, updates, additions, of the database, if any, licensed to you by NIEIR. Use is defined as access, downloading, copying or otherwise benefit from using the functionality of the contents of the database. 
"Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.   
2. SOR database License As long as you comply with the terms of this EULA (this "Agreement"), NIEIR grants to you a non-exclusive license to use the database for the purposes described to you in the marketing and / or product documentation.  
2.1 General Use. You may use the database on your compatible computer. 
2.2 Downloads. You may download data through the mechanisms provided in the database product to create tables and graphs etc.  
2.4 Using the database on a website for broad dissemination of information contained in the SOR product is not allowed under this agreement. Any such use should be agreed with NIEIR separately.  
2.5 Indemnity. You agree to hold NIEIR harmless from any and all liabilities, losses, actions, damages, or claims (including all expenses, costs, and legal fees) arising out of or relating to any use of, or reliance on, including, without limitation, information contained in any NIEIR database product. 
 
3. Intellectual Property Ownership, Copyright Protection The SOR database provided to you belong to NIEIR and any authorized copies that you make are the intellectual property of and are owned by NIEIR. The structure, organization and code of the software and the economic data and analysis including text, tables, maps and diagrams are valuable intellectual property and are the property of NIEIR. The database is protected by law, including without limitation the copyright laws of Australia. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the database and all rights not expressly granted are reserved by NIEIR.   
 
4. Restrictions 
Transfer. You may not, rent, lease, sublicense, assign or transfer your rights in the database, or authorize all or any portion of the software or database. You may, however, transfer all your rights to use the software to another person or legal entity provided that: (a) you also transfer (i) this EULA, and (ii) the database, including all updates, to such person or entity;(b) the receiving party accepts the terms and conditions of this EULA and any other terms and conditions upon which you legally purchased a license to the database. 
  
5. Updates It may be that from time to time during the year of your subscription that data is updated. Other products will also be added to the SOR online database and you will be advised of the cost of such new products which can be purchased online.
  
6. NO WARRANTY The database is being delivered to you as is and NIEIR makes no warranty as to its use or performance. NIEIR DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE DATABASE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, NIEIR AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of Section 6 and Section 7 shall survive the termination of this EULA, howsoever caused, but this shall not imply or create any continued right to use the SOR database after termination of this EULA. 
 
7. LIMITATION OF LIABILITY IN NO EVENT WILL NIEIR OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A NIEIR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. NIEIR'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE DATA, IF ANY.
   
8. Export Rules You agree that the database will not be shipped, transferred or exported into any other country.
    
9. Governing Law This Agreement will be governed by and construed in accordance with the laws of Victoria.

10. General Provisions If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified in writing and authorized by an officer of NIEIR. Updates may be licensed to you by NIEIR with additional or different terms. This is the entire agreement between NIEIR and you relating to the SOR database and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the database.