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Software to download:    Howwet? HowOften? HowMuch? Choices,Choices Perfect Browser HowLeaky? APSoil

License agreement:

Carefully read all the terms and conditions of this agreement before installing the software. Installation of the software indicates your acceptance of these terms and conditions. If you do not agree to these terms and conditions, do not install the software. SOFTWARE LICENCE AGREEMENT BETWEEN: COMMONWEALTH SCIENTIFIC AND INDUSTRIAL RESEARCH ORGANISATION a body corporate established by the Science and Industry Research Act 1949 whose head office is at Limestone Avenue, Campbell, Australian Capital Territory, Australia, through its DIVISIONS OF SUSTAINABLE ECOSYSTEMS and LAND & WATER (“CSIRO”) AND : THE STATE OF QUEENSLAND, through its DEPARTMENT OF PRIMARY INDUSTRIES AND FISHERIES whose head office is at 80 Ann Street, Brisbane, Australia (“DPI&F”) AND: THE STATE OF QUEENSLAND, through its DEPARTMENT OF NATURAL RESOURCES, MINES AND ENERGY whose head office is at 41 George Street, Brisbane, Australia (“NRM&E”) AND: THE UNIVERSITY OF QUEENSLAND, whose head office is at St Lucia, Australia (“UofQ”) (CSIRO, DPI&F, NRM&E and UofQ collectively referred to herein as “APSRU” The Agricultural Production Systems Research Unit) AND The Software User (collectively referred to as “Licensee”) WHEREAS: A. CSIRO, NRM&E, DPI&F and UofQ have formed an unincorporated joint venture known as APSRU. B. APSRU has developed a range of software products including HowWet; HowOften; HowMuch; Choices,Choices; Perfect; Browser and HowLeaky. C. The LICENSEE wishes to obtain a licence to the software. D. APSRU has agreed to grant such a licence on the terms and conditions of this Agreement. E. This Licence excludes APSIM, WhopperCropper and other derivative software. NOW IT IS AGREED: 1. DEFINITIONS AND INTERPRETATION 1.1 In this Software Licence Agreement, the following definitions shall apply, except where the context otherwise requires: "Agreement" means this Software Licence Agreement and any amendment to it agreed to by the Parties in writing; “Software” means those software products available for downloading free of charge from the APSRU website (including HowWet; HowOften; HowMuch; Choices, Choices; Perfect; Browser and HowLeaky) for which APSRU has the authority to license pursuant to this Agreement, but excludes APSIM , WhopperCropper and other derivative software; “Commencement Date” means the date that the software is downloaded; “Intellectual Property Rights” means all statutory and other proprietary rights in respect of all intellectual and industrial property including in respect of (without limitation) all trademarks, patents, circuit layouts, copyrights, Confidential Information and all other intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation of July 1967; “Parties” means the parties to this Software Licence Agreement and "Party" means any one of them; “Purpose” means non-commercial use including educational and research purposes; “Software Licence” means the licence to use the Software granted by APSRU to the Licensee in clause 2 of this Agreement; "Third Party Claims" means any claim by, or judgment or award in favour of, a third party arising directly or indirectly out of the use of the Software or Software by the Licensee; 2. GRANT OF LICENCE 2.1 In consideration of the Licensee agreeing to comply with the terms and conditions of this Agreement, APSRU hereby grants the Licensee and the Licensee hereby accepts a non-transferable, non-exclusive licence to use the Software for the Purpose. 3. LICENSEE’S COVENANTS 3.1 The licensee shall not: (a) market, distribute or transfer all or any part of the Software or any copy thereof to any person or electronically transfer the Software from one computer to another directly or over a network, either on its own or with or as part of any other product or equipment, without the prior written consent of APSRU; or (b) modify, adapt, translate, rent, lease, loan, sell, distribute or network the Software or any part of it, without the prior written consent of APSRU. 3.2 The benefit of the rights granted to the licensee by this use agreement shall be personal to the licensee and the licensee shall not mortgage, charge, assign, rent, lease, sell or otherwise dispose of or transfer the same or any part to any third party. 4. COPYRIGHT AND TRADE MARK OWNERSHIP 4.1 The licensee acknowledges that: (a) it owns no copyright or other Intellectual Property Rights in the Software and obtains no such rights by virtue of this use agreement; (b) APSRU is the owner of all copyright and other Intellectual Property Rights subsisting in the Software or any developments of or enhancements or improvements to the Software by APSRU after the date of this use agreement; 5. LIMITATION OF LIABILITY 5.1 To the full extent permitted by law, APSRU excludes any and all liability in respect of loss or damage, whether personal (including death or illness) or of property and whether direct, consequential or special (including consequential financial loss or damage) of the Licensee, its officers, agents and employees or any third party however caused, which may be suffered or incurred or which may arise directly or indirectly out of the Licensee's use or inability to use the Software or the failure or omission on the part of APSRU to comply with the conditions and warranties of this Agreement. 5.2 APSRU makes no warranties, express or implied, and exclude all warranties, representations, terms or conditions, whether express or implied, oral or written, statutory or otherwise, relating in any way to the Software or this Agreement, including any implied warranty of merchantability or of fitness for a particular purpose to the full extent permitted by the laws in force in Australia or the laws in force in any State or Territory of Australia. 6. TERMINATION 6.1 This Agreement including the Software Licence shall terminate immediately upon written notice specifying the Termination Date, if the Licensee breaches any term or condition of this Agreement, whether or not APSRU are aware of the occurrence of the breach at the time that it happens. 6.2 APSRU may terminate this Agreement or the Software Licence on sixty (60) days written notice to the other Party. 7. ASSUMPTION OF RISK 7.1 The Licensee acknowledges and agrees that: (a) the Software was developed for research purposes and may have inherent defects, errors or deficiencies; (b) the Licensee uses the Software and any advice, opinions or information supplied by APSRU, its officers, employees or agents concerning the Software at the Licensee's own risk; (c) it is the responsibility of the Licensee to make its own assessment of the suitability of the Software for any purpose and any information or management advice generated from it; (d) the Software is supplied on the understanding that the Licensee will not hold APSRU, their officers, employees or agents liable for any loss or damage resulting from the use of the Software; and (e) the licensee accepts this Software Licence on the condition that APSRU give no warranty, whether express or implied: (i) as to the merchantable quality of the Software; (ii) that the Software or any part of it does not infringe Intellectual Property Rights of any third party although as of this date, APSRU are not aware of any such infringements; (iii) that the Software will be suitable for a particular purpose; (iv) that use of the Software for any purpose will provide any financial or monetary advantage; (v) that the Software is or will be error free; or (vi) that the Software will not fail to operate or operate without error. 8. LICENSEE'S INDEMNITY 8.1 The Licensee shall indemnify APSRU, their officers, employees and agents and keep APSRU, their officers, employees and agents indemnified in respect of any non-compliance by the Licensee of its obligations under this Agreement or any Third Party Claims. 8.2 The Licensee's obligation to indemnify APSRU and their officers, employees and agents set out in clause 8.1 is a continuing obligation separate and independent of the Licensee's other obligations and shall survive expiration or, where relevant, earlier termination of this Agreement. 9. GOVERNING LAW AND DISPUTES 9.1 This Agreement shall in all respects be construed as an agreement subject to the laws in force in the State of Queensland. Each Party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland and courts of appeal from them for determining any unresolved dispute concerning this Agreement. 10. AMENDMENT AND WAIVER 10.1 No amendment of any provision of this Agreement will be valid or binding on a Party unless in writing and signed by or on behalf of all Parties. 10.2 No failure to exercise or delay in exercising any right, power or remedy by a Party will operate as a waiver, nor will any single or partial exercise of any right, power or remedy preclude any other or further exercise of that right, power or remedy. 11. PUBLICATION 11.1 The Licensee agrees to consult APSRU prior to publication of reports and papers concerning work in which the Software is used. 12. ACKNOWLEDGEMENT 12.1 Installing the software indicates that the user has read and understood this agreement, and agrees to be bound by its terms and conditions. 12.2 Should you have any questions concerning this agreement, please contact in writing: The Business Development Manager APSRU PO Box 102 Toowoomba Qld 4350 Australia apsru@apsru.gov.au

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