Terms and Conditions

END USER AGREEMENT TERMS, 10 August 2012

Thanks you for your interest in the RAV RAT Software, this document sets out the terms for the use of the service.

This Agreement is not for the sale of RAV RAT Software but a Licence Agreement between you and ARRB for access to the RAV RAT Software. The RAV RAT Software remains the property of ARRB.

ARRB will treat you using the RAV RAT Software as acceptance of these terms. If there is a disagreement with any part of this Agreement, do not use the RAV RAT Software.

Definitions

The following definitions apply to the terms as they appear in this Agreement.

ARRB shall mean ARRB Group Ltd registered at 500 Burwood Hwy, Vermont South VIC 3133 Australia.

You or Your shall refer to any employee of the organisation that uses the RAV RAT Software.

RAV RAT Software shall mean all coded programs, website, applications, and related content downloaded from the Internet, together with all codes, techniques, RAV RAT Software expert tools, formats, concepts, methods and ideas associated with the RAV RAT Software, in whole or in part. The term shall also include all copies of any part of the RAV RAT Software, as well as RAV RAT manuals, and other printed material provided by ARRB or downloaded by the user.

Permitted Uses

ARRB grants you a non-exclusive, non-transferable Licence to use the RAV RAT Software according to the terms set forth below.

You may:

  • Access and use the RAV RAT website via ARRB's nominated web site address and a secure login for the sole purpose of managing road routes within the local government sector of Australia.

Prohibited Uses

You may not:

  • Make the RAV RAT Software available (including providing your login details) to any person or entity other than other employees or your organisation, who must use the RAV RAT Software as specified above under Permitted Uses.
  • Reverse-engineer, disassemble, decompile, or make any attempt to discover the source code to the RAV RAT Software.
  • Translate or create derivative works based on the RAV RAT Software.
  • Remove, obscure, or alter any notice of copyright, or other proprietary rights related to the RAV RAT Software.
  • Sub-Licence, transfer, assign, sell, lend, rent, lease or otherwise make available any portion of the RAV RAT Software to any third party.
  • Copy any portion of the RAV RAT Software.

The RAV RAT Software involves valuable intellectual property rights of ARRB and others. ARRB retains title to and ownership of the RAV RAT Software and all copyright, trade secret, trade name, trademark, and other intellectual and proprietary rights related to the RAV RAT Software. You may not violate these rights, and you must take appropriate steps to protect ARRB's rights. ARRB may at any time replace, modify, alter, improve, enhance, or change the RAV RAT Software.

Both the Licence and your right to use the RAV RAT Software terminate automatically if you violate any part of this agreement. In the event of termination, you must immediately case use of the RAV RAT Software.

Data Ownership and Privacy

The data and information you enter into the RAV RAT Software shall be owned by You.

ARRB is a not for profit organisation that acts on behalf of Australian Road authorities to undertake and conduct research activities on behalf of such road authorities and its members; You grant a license to ARRB to make use of User data stored by the system for the purpose of undertaking research, published or otherwise, provided that:

  1. The data is aggregated with the states user data in any publication or release of the data; and
  2. Specific organisations or users cannot be identified explicitly or implicitly from any published or released documents; and
  3. Individual User data is not accessed or used by ARRB for commercial gain.

You also acknowledge that ARRB or its representatives may need to access your data to undertake system maintenance and support.

You acknowledge that your specifically published data (only through the publish function within the RAV RAT Software) may be monitored by other organisations (such as the relevant state or national road authority).

Limited Warranty

ARRB does not warrant that the RAV RAT Software is free from all bugs, errors and omissions.

ARRB shall have no liability or responsibility to you or any third party with respect to any loss or damage caused by the RAV RAT Software including, but not limited to any interruptions of service, loss of business, or anticipatory profits, special, indirect or consequential damages resulting from the use of the RAV RAT Software.

ARRB will not be liable for any:

  • Bug, error, omission, defect, deficiency, or nonconformity in any RAV RAT Software.
  • Implied warranty relating to course of performance, course of dealing, or usage of trade.
  • Claim of infringement.
  • Claim in tort, whether or not arising in whole or in part from ARRB's fault, negligence, strict liability, or product liability.
  • Claim or any indirect, incidental, special, consequential damages, cover, or loss of data, revenue, or use.
  • Any written or oral information or advice by ARRB's dealers, distributors, agents, or employees will in no way increase the scope of this warranty. Nor may you rely on any such oral or written communication.

Other Licenses

The RAV RAT Software may contain within or link to software and/or services from other parties (for example Google Maps). You agree to abide to the "Terms of Use" particular to these other services. A link to the Google maps Terms of Use is provided at the bottom of the maps within the RAV RAT Software.

General

ARRB shall not be held responsible for any delay in performance arising out of causes beyond its control. Such causes may include, but are not limited to, fires, strikes, embargoes, acts of God or inability to secure transport facilities.

The failure of ARRB in any one or more instances to insist upon the strict performance of any of the terms or provisions of this agreement shall not be construed as a waiver or relinquishment, to any extent, of the right to rely on any such terms or provisions on any future occasions.

This agreement constitutes the entire agreement and supersedes any prior agreement, between ARRB and you concerning the contents of this package. ARRB is not bound by any provision of any purchase order, receipt, acceptance, confirmation, correspondence, or otherwise, unless ARRB specifically agrees to the provision in writing. This agreement cannot be amended, modified, or waived, unless the change is written and signed by an authorised ARRB representative.