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DENTON CORKER MARSHALL PTY LTD - ELECTRONIC DOCUMENTS AND DATA: CONDITIONS OF USE
© Denton Corker Marshall Pty Ltd (“DCM”) July 2008
All documents and data issued electronically by any means of transmission (“Data”) are provided in each case to nominated parties for the sole purpose of use by them and expressly nominated third parties (each a “User”) for the purposes and in the course of relevant project (“Project”), strictly in accordance with both the terms and conditions of DCM’s relevant consultancy agreement (“Consultancy Agreement”) and, save to the extent expressly provided otherwise by the Consultancy Agreement, as set out below.
1. DCM retains ownership of the Data; of all materials which embody the Data; and of all intellectual property and related rights in or relating to the Data including without limitation copyright (including future copyright); confidential information, and all other rights conferred by statute, common law or equity in or in relation to the results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields.
2. The Data issued has been created by DCM solely for the stage of the Project and such purpose and at the status that DCM has indicated on the Data (“Intended Use”).
3. DCM and the User acknowledge and agree that subject to these terms and conditions and the Client’s consent, the Data may at the User’s sole risk be otherwise used by Users for other reasonable purposes of the Project (“Other Use”) but that the Data may not be changed, used, copied, reproduced, provided or disclosed by or to any other person or for any purpose other than the Intended Use or Other Use (“Unauthorized Use”) without the written consent of DCM.
4. Without limitation the User is warned that the degree of accuracy and/or scale of a document within the Data may be intrinsically linked to the document’s nature and the Intended Use and may not be suitable for producing drawings of greater scale and or more finite dimensioning than the scale and dimensioning within the Data.
5. All rights of use are strictly subject to payment to DCM in full and without deduction or set off of all fees invoiced by it in connection with its services provided in connection with the Project (including but not limited to those relating to the preparation or delivery of the Data) in accordance with DCM’s terms for payment.
6. Any change in the Data must be made in a way to clearly distinguish those changes from the original Data and any reproduction of the Data must also reproduce these Conditions of Use, DCM’s name as author and owner of copyright in the Data and the date of creation by DCM of the Data.
7. DCM is not responsible for the integrity of the Data or accuracy or quality of the information contained within the Data after it leaves the possession of DCM.
8. The User is responsible for making its own virus and integrity checks on the Data, ensuring the system on to which the Data is to be transferred is in good working order and able to properly accept the Data transfer, and for maintaining the integrity of the Data.
9. DCM will maintain a copy record of the Data issued (“Reference Documents”) and is not responsible or liable for or in connection with the Data beyond such responsibility or liability as attaches to the Reference Documents.
10. The User must ensure that the Data is used:
– in accordance with any user instructions provided by DCM; and
– appropriately and only for such uses for which the User is appropriately insured; and
– not used, accessed, operated or copied by or provided to any persons other than the officers, employees or agents of the User who are aware of and have agreed to be bound by these Conditions of Use.
11. Save only so far as arises under the Consultancy Agreement or at law in respect of any Intended Use of the Reference Documents, to the extent permitted by law:
– all conditions and warranties concerning the Data (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded;
– DCM’s liability for breach of any warranty or express or implied condition will be limited, at the option of DCM, to the replacement or repair of the Data or the payment of the cost of replacing or repairing the Data.
12. The User indemnifies and will keep indemnified DCM against all claims, liabilities, loss, costs and expenses DCM may incur arising out of the provision to the User of, and any use, reproduction or disclosure of or change to, the Data by the User or any other person claiming through the User, which is in any way connected with or arises from any Other Use or any Unauthorized Use.
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