Evaluation terms

Offshore Environment Reference Case (OERC) - beta evaluation terms
Version beta-v1-YYYY-MM-DD. DRAFT - pending solicitor review.
Supplier: Ambidex R&D Pty Ltd (ABN 16 696 857 995).

These are the terms on which Ambidex R&D Pty Ltd ("we", "us") gives you free access to the Offshore
Environment Reference Case ("OERC", "the service") during its beta. "You" means the named person a
key is issued to and, where you use it for your employer, that organisation. You accept these terms
when you request a key or use one. If you do not agree, do not use the key.

1. What you get. A free, two-week evaluation of the service. No fee is payable and nothing
   here obliges either of us to enter a paid arrangement afterwards.

2. Licence. We grant you a personal, non-exclusive, non-transferable, revocable licence to use the
   service and its outputs to evaluate them and to give us feedback, for the length of your key. No
   other right is granted.

3. Keys. A key is issued to one named person, expires two weeks after issue and may be revoked by
   us at any time; we will tell you when we revoke a key. Keep it confidential. Do not share it, and
   do not use a key issued to someone else.

4. Beta - not for use in a regulatory submission. Every response carries a beta notice saying it
   is not for use in a regulatory submission. During the beta you must not put an output, or
   anything derived from it, into an environment plan or other submission to a regulator, or rely
   on it for a commercial, operational or safety decision. Check anything you intend to act on
   against the source records each response links to. The service is not an environment plan writer
   and produces no ALARP, acceptability or adequacy determination.

5. What the outputs are. Outputs are rows reported from the NOPSEMA EP register and intersects
   computed against DCCEEW protected-matters layers, served from a snapshot taken on a stated date,
   with our normalisation, provenance fields and a hashed cite receipt. They report what the source
   said at that date; they are not our determination, opinion or advice about anything. Provenance
   fields show you where each row came from and when; a cite receipt lets you prove later what a
   response contained. Neither turns a beta output into something you may rely on.

6. Commonwealth data. The NOPSEMA EP register and the DCCEEW protected-matters layers are
   Commonwealth of Australia material licensed under Creative Commons Attribution 4.0 International
   (CC BY 4.0). That portion of each output remains subject to CC BY 4.0, including its attribution
   condition (section 3(a)). Nothing in these terms restricts, or is intended to restrict, any right
   you have under CC BY 4.0 in that Commonwealth material (see section 2(a)(5)(C) of that licence).

7. No redistribution of the rest. Apart from the Commonwealth material under CC BY 4.0, you may not
   publish, redistribute, sell, sublicense or make available to anyone outside your organisation the
   outputs, our normalisation, provenance fields, cite receipts, schemas or the service itself, or
   any collection built from them. Internal circulation for evaluation is fine.

8. How you may use the service. You must: use it lawfully; use only your own key; not query in bulk,
   scrape or export beyond what a genuine evaluation needs; not try to defeat rate limits, key
   expiry, logging or any other control; not probe or test the security of the service without our
   written consent; and not, during the evaluation, use our normalisation, provenance fields, cite
   receipts or schemas to build or train a dataset or service that competes with OERC. Nothing in
   this clause restricts your use of the Commonwealth material under CC BY 4.0.

9. Ownership. The service, its software, schemas, normalisation, provenance fields, cite receipts
   and the way the outputs are compiled and presented are owned or controlled by us and stay ours.
   The Commonwealth material stays the Commonwealth's. You keep whatever rights you have in your own
   material, including any polygons or queries you submit.

10. Feedback. If you give us feedback, suggestions or bug reports, you grant us a perpetual,
    irrevocable, royalty-free licence to use them for any purpose without attribution or payment.
    You keep ownership of your own intellectual property; this clause does not transfer it.

11. Confidentiality. Anything we tell you about unreleased features, roadmap or pricing is
    confidential until we make it public. Do not disclose it outside your organisation. This does
    not cover information you already had, that is public through no fault of yours, or that the
    law requires you to disclose.

12. Independent reference layer. OERC is an independent reference layer. It is not endorsed by,
    affiliated with or reviewed by NOPSEMA or DCCEEW. It is not a substitute for the environment
    plan content requirements or for your own assessment, and nothing in an output means a
    regulator has accepted or would accept anything.

13. Consumer guarantees and liability. The Australian Consumer Law may give you guarantees,
    including that services will be supplied with due care and skill (section 60) and that
    services will be fit for a purpose you make known (section 61), and rights that cannot
    be excluded, restricted or modified (section 64). Nothing in these terms excludes them. Subject
    to that:
    (a) The service is a beta supplied free of charge and otherwise without any warranty as to
        accuracy, completeness, currency or fitness for any purpose.
    (b) We supply the outputs as reference data only. We have not been engaged to, and do not,
        assess whether the service or its outputs suit any purpose or result you have in mind,
        including one you mention when requesting a key, and it is not reasonable to rely on our
        skill or judgment for that. Check outputs against the linked source records before acting.
    (c) Where the Australian Consumer Law applies and the service is not of a kind ordinarily
        acquired for personal, domestic or household use, our liability for a failure to comply
        with a consumer guarantee is limited, at our option and as section 64A permits, to
        supplying the service again or paying the cost of having it supplied again, unless it is
        not fair or reasonable for us to rely on this limitation (section 64A(3)).
    (d) To the extent the law allows, neither of us is liable to the other for loss of profit,
        revenue, business, data or opportunity, or for indirect or consequential loss, arising from
        the beta.
    (e) Nothing in this clause limits liability that the law does not allow to be limited,
        including for misleading or deceptive conduct (section 18) or false or misleading
        representations (section 29).

14. Privacy and logging. We handle personal information as described in the privacy notice at
    oerc.com.au/privacy/. For each call the gateway logs the key id, the tool used, timing and
    content hashes only; it does not log names, email addresses or the text of your queries beyond
    what is needed to compute those hashes.

15. Suspension and ending. Either of us may end the evaluation at any time for any reason. You end
    it by stopping use and telling us; we end it by revoking or letting your key expire. We may
    suspend a key immediately if we reasonably believe these terms have been breached or the
    service is at risk. Clauses 6, 7, 9, 10, 11, 12, 13 and 16 survive the end of the evaluation.

16. Changes, entire agreement and law. We may issue a new version of these terms. Each response
    states the version and a hash of the terms text that applied to it; a new version applies only
    to responses served after it is published and never changes a cite receipt already issued. A
    new version does not apply to a key already issued unless you accept it; the version in force
    when your key was issued governs that key until it expires. These terms, the privacy notice
    and CC BY 4.0 for the Commonwealth material are the whole agreement between us for the beta
    and replace any earlier discussion. These terms are governed by the law of Western Australia
    and the Commonwealth of Australia. Each of us submits to the courts of Western Australia and
    the courts that hear appeals from them. The Australian Consumer Law applies in any event.