GDA2020 Logo Terms and Conditions of Use
The use of the GDA2020 logo is subject to agreeing with the following terms and conditions:
The GDA2020 logo is owned by the Commonwealth on behalf of the Intergovernmental Committee on Surveying and Mapping (ICSM) for use in connection with and subject to the direction and control of the ICSM.
The ICSM has agreed to these GDA2020 Logo Terms and Conditions of Use.
The Commonwealth, on behalf of the ICSM, is prepared to allow the use of the GDA2020 logo on GDA2020 Compliant or GDA2020 Compatible Products for the purposes of promoting Geocentric Datum of Australia 2020 subject to the terms and conditions stated here.
Agreeing with these terms and conditions grants you a Licence to use the GDA2020 Logos and comes into operation after clicking the “I agree to the GDA2020 Logo Terms and Conditions of Use” button at the end of this page.
Definitions
“Agent” means Geoscience Australia
“Geoscience Australia” means the entity of the Commonwealth of Australia, and includes any entity, which succeeds to the functions of that entity.
“GDA2020” means Geocentric Datum of Australia 2020 as legally defined by the National Measurement (Recognized-Value Standard of Measurement of Position) Determination 2017.
“GDA2020 Compliant” relates to products that:
Are based on positions measured or calculated directly from coordinated positions that are traceable to the National Measurement (Recognized-Value Standard of Measurement of Position) Determination 2017.
Use algorithms that can produce the same results as the GDA2020 Technical Manual examples and sample data and the GDA94 – GDA2020 Online Transformation Service, within the limits of position uncertainties required by the product, and as documented by the product.
“GDA2020 Compatible” relates to products that must:
Use a position uncertainty such that the difference between the datum used and GDA2020 is insignificant.
Contain support material consistent with the technical requirements set out in the Geocentric Datum of Australia 2020 Technical Manual and state the datum or reference frame used, or transformation algorithms used in preparing the product.
“GDA2020 Technical Manual” means the technical manual at http://icsm.gov.au/datum/gda2020-and-gda94-technical-manuals.
“GDA2020 logo” means the logos downloaded under the GDA2020 Logo Terms and Conditions of Use, and which must be displayed in its entirety and on the GDA2020 Logo Terms and Conditions of Use (and in particular in accordance with clause 4).
“Licence”, means the Licence provided for in condition 3.
“Licensee”, is the person or company that agrees to the GDA2020 Logos Terms and Conditions of Use
“Licence Agreement” means the Agreement between the Commonwealth and the Licensee, which comes into force when the Licensee accepts the GDA2020 Logos Terms and Conditions of Use.
“Person” includes a body corporate or incorporate or individual or a body politic.
“Product” means the product on which the GDA2020 logo is to be used by the Licensee, which must relate or pertain to Australian land mass and/or the geographic area that lies within extents of GDA2020 as defined in the Geocentric Datum of Australia 2020 Technical Manual.
Conditions relating to the use of the GDA2020 logo
1. Definitions
1.1 Expressions used shall have the meaning ascribed in Definitions above.
2. Duration
2.1 Subject to these conditions, the Licence Agreement shall take effect upon the Licensee agreeing to the GDA2020 Logo Terms and Conditions of Use, and shall continue unless terminated in accordance with this Agreement.
3. Licence
3.1 The Commonwealth grants to the Licensee a non-exclusive, non-transferable licence to use, reproduce, make available, communicate and display the GDA2020 logo on Licensee Products.
3.2 The rights granted herein are restricted solely to the Licensee and may not be assigned, transferred or sub-licensed.
4. Reproducing and displaying the GDA2020 logo
4.1 The GDA2020 logo must be displayed in its entirety without modification and subject to clause 4.2, may be displayed in colour or in monochrome.
4.2 Where a GDA2020 logo is displayed, reproduced, made available or communicated in colour, it must be displayed using any of the image files provided. If these colours cannot be used, then the GDA2020 logo must be displayed in black monochrome.
4.3 The GDA2020 logo must not be modified, distorted or adapted in any way other than for scaling purposes. Any scaling must be such that both dimensions of the GDA2020 logo are scaled in correct proportion to the GDA2020 logo.
5. Warranty
5.1 The Licensee warrants that it has made prudent inquiry and has conducted necessary testing of the Product and warrants that the Product is GDA2020 Compliant or GDA2020 Compatible.
5.2 The Licensee acknowledges that provision of false or misleading information regarding GDA2020 Compliance or GDA2020 Compatibility of its Product may, in addition to being a breach of the Agreement, and the Licence Agreement also constitute a breach the Competition and Consumer Act 2010.
5.3 The Commonwealth warrants that the grant of the Licence does not infringe the Intellectual Property rights of any person.
5.4 The warranties in this clause 5 survive the expiration or earlier termination of this Agreement.
6. Delivery
6.1 The GDA2020 logos are downloaded online to the Licensee once agreeing to the GDA2020 Logo Terms and Conditions of Use.
7. Ownership
7.1 The Licensee acknowledges that the Commonwealth retains ownership of the GDA2020 logo and of the Intellectual Property rights therein.
8. Security
8.1 The Licensee agrees not to transfer licence rights to any person or use the GDA2020 logo for any purpose other than in accordance with the terms of this Agreement.
9. Release and Indemnity
9.1 The Licensee:
(a) releases the Commonwealth, the Agent, their employees and contractors, and any person claiming under or through those parties, in respect of all liability for loss, damage or injury which may be suffered by it arising from the Licensee’s use of the GDA2020 logo; and
(b) indemnifies the Commonwealth, the Agent, their employees, agents and contractors, and any person claiming under or through those parties (in this clause referred to as “those indemnified”), from and against any loss (including legal costs and expenses on a solicitor/own client basis), or liability, incurred or suffered by any of those indemnified arising from any claim, suit, demand, action or proceeding by any person against any of those indemnified where such loss or liability was caused by any wilful, unlawful or negligent act or omission of the Licensee, its officers, employees, agents or subcontractors in connection with this Agreement including any breach of warranty by the Licensee, or arising from any persons reliance on the GDA2020 logo.
9.2 The Licensee’s liability to indemnify the Commonwealth under this clause 9 shall be reduced proportionately to the extent that any act or omission of the Commonwealth or its employees, agents or contractors contributed to the loss or liability.
9.3 This clause 9 shall survive the expiration or earlier termination of the Agreement.
10. Termination
10.1 The Licence Agreement may be terminated:
(a) if either party breaches any of the terms of the Agreement and fails to remedy the breach within one month of a written notice from the other party specifying the breach and requesting the remedying thereof;
(b) by either party by giving the other party one month’s written notice of termination of the Agreement.
10.2 The Licensee shall cease all use of the GDA2020 logo for any purpose from the date of termination of the Licence Agreement and shall:
(a) delete any digital files of the GDA2020 logo; and
(b) where breach of the Agreement has occurred, destroy items displaying the GDA2020 logo within 30 days of the date of termination, and
(c) provide a written declaration to Geoscience Australia that conditions 10.2 (a) and (where there has been a breach of the Licence Agreement) 10.2 (b) have been complied with.
11. Entire Agreement
11.1 The Licence shall supersede all prior agreements and undertakings between the parties relating to the GDA2020 logo and constitutes the entire agreement between the parties. No addition to or modification of any provision of the Agreement shall be binding upon the parties unless made in writing and signed by both Parties.
12. Law
12.1 The Agreement and the Licence Agreement shall be governed by and construed in accordance with the laws for the time being in force in the Agents State or Territory.
13. Waiver
13.1 No forbearance, delay or indulgence by a party in enforcing the provisions of the Licence Agreement shall prejudice or restrict the rights of that party, nor shall waiver of those rights operate as a waiver of any subsequent breach.
14. Application
14.1 Where the Agent and the Licensee are agencies of the Commonwealth of Australia, such that neither is permitted to enter into a binding legal agreement except as the Commonwealth, then the Licence Conditions stated herein shall be read as giving rise to merely an arrangement.
15. Audits
15.1 The Commonwealth reserves the right from time to time to conduct an audit of the Licensee’s use of the GDA logo and compliance with the terms and conditions of this contract, and to delegate this right to the Agent.
By agreeing with the disclaimer, terms and conditions contained on this site, the logo file will download when accepted.
