YOU ARE GRANTED A NON-EXCLUSIVE, NON-TRANSFERABLE LICENSE TO USE THE RATINGS CALCULATOR
("THE SOFTWARE") IN ACCORDANCE WITH THESE TERMS AND CONDITIONS. USE OF THE SOFTWARE
SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS:
The Software is patent pending and is subject to copyright under the Copyright Act
1968 (Commonwealth of Australia) and through various international treaties and
agreements under the laws of other countries. Unless expressly stated, the Office
of Environment and Heritage ("OEH"), acting for and on behalf of the Crown in right
of the state of New South Wales and acting as administrator of the National Australian
Built Environment Ratings System ("NABERS") and the Australian Building Greenhouse
Rating scheme ("ABGR"), owns the copyright and any patent rights in the Software.
The Software is made available free of charge for the sole purpose of non-commercial,
private use in carrying out unofficial ratings for your information only. It is
not to be reproduced, modified, sold, let for hire, sub-licensed or otherwise distributed,
and is available "AS IS" without any warranty of any kind.
To the fullest extent permitted by law, OEH expressly disclaims all warranties,
whether express or implied. In no event will OEH be liable for any indirect, special,
incidental, tort, economic or consequential damage or damages for negligence or
any loss of profit, whether arising out of the use or inability to use the Software,
any outcome produced by the Software or any reliance thereon, or otherwise.
OEH does not warrant or represent that any outcome produced as a result of the use
of the Software is accurate, or will be the same as, or is indicative of the outcome
of any official rating by OEH. You must not make any representation to third parties
based on any outcome produced as a result of the use of the Software, and no license
is granted to the use or reproduction of any logos, trade marks or names of OEH,
NABERS or ABGR.
OEH does not warrant that the Software is free of computer viruses or other conditions
that could damage or interfere with data, hardware or software with which it might
be used. The Software is made available on the strict condition that the user assumes
all risk of use and absolves OEH of all responsibility for any consequence of its
Nothing in this disclaimer operates to exclude, restrict or modify the application
of any provision of the Trade Practices Act 1974 (Cth) or any equivalent State or
Territory legislation, or any rights conferred or liability implied by such provisions.
To the extent that it is able to do so, OEH expressly limits its liability for any
breach of any condition or warranty (whether implied by legislation or otherwise)
to one of the following, the choice of which is to be at the sole discretion of
- the replacement of the Software; or
- the payment of the cost of replacing the Software or of acquiring equivalent software.