| Our free community licence applies to: | |
|---|---|
| individuals who use our PhotoMaps for their own personal, non-commercial purposes. |
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| What you can do with our PhotoMaps | Using our PhotoMaps to derive information |
You can, without charge: (a) use, copy, modify and distribute our PhotoMaps; and (b) use, copy and distribute our APIs to facilitate such use of our PhotoMaps. |
If you derive information from observing our PhotoMaps, and include that information in a work, you will own that work, and may distribute it to others under a Creative Commons Attribution Share Alike (CC-BY-SA) licence. |
| If you distribute our PhotoMaps | |
| You must do so only under the terms of this free community licence or the terms of our free commercial licence. Our PhotoMaps are generally available to everyone for personal, non-commercial, and incidental commercial use. |
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If you are an individual, you may Use, Copy, modify and distribute the Licensed PhotoMaps, and Use, Copy and distribute the APIs, for your own personal, non-commercial Use, without charge, on the following licence terms.
In this licence:
APIs means any application programming interfaces for accessing the NearMap PhotoMaps and associated documentation that are made available by NearMap from time to time.
Copy means to download or otherwise copy.
Derived Work means any copyright work in which you include information derived from observing the Licensed PhotoMaps or Modified PhotoMaps, such as the existence or location of geographical features.
Licensed PhotoMaps means any NearMap PhotoMaps or modified NearMap PhotoMaps that we distribute to you.
Modified PhotoMaps means any Licensed PhotoMaps that you modify, including through combining or overlaying Licensed PhotoMaps with any other information.
NearMap means NearMap Pty Ltd (ACN 120 677 250) of PO Box 1926, West Perth, Western Australia, 6872, Australia.
NearMap PhotoMaps means all of the PhotoMaps and associated images (including terrain maps, 3D images and similar matter) and all associated content on our website. The NearMap PhotoMaps do not include any overlaid street map information, or PhotoMaps or other images used under licence from third parties, as described in Copyright and credits.
Use means to view, link to or otherwise use.
we, us or our means the person who distributes the Licensed PhotoMaps to you, which will be NearMap if you access the Licensed PhotoMaps from the NearMap website.
Subject to all of these licence terms, we grant you a non-exclusive, royalty-free licence to carry out the following activities for your own personal, non-commercial purposes:
(a) Use, Copy, modify and distribute the Licensed PhotoMaps; and
(b) Use and Copy the APIs to facilitate your Use, Copying, modification and distribution of the Licensed PhotoMaps.
Such rights are granted to you, and you may not assign or sublicence such rights other than the distribution rights stated below.
Without affecting our rights in the Licensed PhotoMaps, you will own any modifications you make to the Licensed PhotoMaps to produce Modified PhotoMaps (to the extent any rights exist in those modifications).
(a) You may sublicence your rights to the Licensed PhotoMaps, Modified PhotoMaps or APIs to others on the same terms as this licence or our free commercial licence.
(b) You must expressly acknowledge NearMap, in a reasonably prominent manner, as the source of any Licensed PhotoMaps, Modified PhotoMaps or APIs that you sublicence or otherwise distribute to others.
We invite you to Use the Licensed PhotoMaps or Modified PhotoMaps to derive information. You will own all Derived Works that you create. However, you may only distribute Derived Works to others on the terms of a Creative Commons Attribution Share Alike (CC-BY-SA) licence (and you may use any version of that licence you wish, whether localised for a particular country or not). For example, you may Use the Licensed PhotoMaps or Modified PhotoMaps to obtain information which you can then use, under the Creative Commons Attribution Share Alike (CC-BY-SA) licence, to populate or update community street mapping projects.
You may only exercise your rights in the Licensed PhotoMaps Modified PhotoMaps and APIs for lawful purposes. For example, you must not Use them to unlawfully stalk, harass or intimidate any person.
(a) If you access the Licensed PhotoMaps or APIs via our website, we will try to ensure that our website remains available but cannot guarantee that this will be the case at all times. This includes where planned or unplanned maintenance occurs, or there are difficulties in internet communications.
(b) We try to ensure that the Licensed PhotoMaps and APIs are free of viruses and other harmful code. It is not possible to detect all such viruses and harmful code, so we strongly recommend that you install and use anti-virus and anti-spyware software updated with the latest definitions at all times.
(c) If you download a large amount of Licensed PhotoMaps from our website, please respect our resources and restrict your rate of download. If you don’t, we may need to restrict your download speed in order to accommodate other users.
Photographic images and PhotoMaps are subject to inaccuracies and distortions, including as discussed in the NearMap FAQs and PhotoMap Quirks. Electronic files may also become corrupt, and we may not be able to detect such corruption. So, before taking any action based on the Licensed PhotoMaps, it is important that you independently check the information observable in the Licensed PhotoMaps. We are not liable for the consequences of your failure to do so, including for any wasted expenditure, personal injury or loss of, or damage to, tangible property that result from your reliance on the Licensed PhotoMaps.
Either party may terminate this licence with immediate effect if the other party breaches this licence. Upon any such termination:
(a) your right to Use, Copy, modify and distribute the Licensed PhotoMaps and to Use, Copy or distribute the APIs immediately ceases, and you must delete or destroy any copies of the Licensed PhotoMaps and APIs you have made other than Licensed PhotoMaps and APIs you have already distributed to others under clause 4; and
(b) if any modifications you have made in the Modified PhotoMaps:
(i) are separable from the Licensed PhotoMaps, you may continue to exercise any rights you have in those modifications, subject to your obligations in relation to Derived Works under clause 5; or
(ii) are not separable from the Licensed PhotoMaps, you must immediately cease Using, Copying, modifying and distributing those Modified PhotoMaps, and you must delete or destroy any copies of the Modified PhotoMaps you have made, other than Modified PhotoMaps you have already distributed to others under clause 4.
(a) All express or implied warranties, representations, statements, terms and conditions relating to this licence or its subject matter, not contained in this licence, are excluded to the maximum extent permitted by law.
(b) Nothing in this licence excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by any legislation which cannot lawfully be excluded, restricted or modified.
(c) If any condition or warranty is implied into this licence by legislation and cannot be excluded, and we are able to limit your remedy for a breach of such a condition or warranty, then our liability for breach of the condition or warranty is limited to one or more of the following at our option:
(i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
(ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
(d) Subject to our obligations under the implied conditions and warranties referred to in paragraph (b), and to the maximum extent permitted by law:
(i) our maximum aggregate liability for all claims under or relating to this licence or its subject matter, is limited to $1,000; and
(ii) we are not liable for, and no measure of damages will, under any circumstances, include special, indirect, consequential, incidental or punitive damages, or damages for loss of profits, revenue or goodwill.
(e) The exclusions and limitations in this clause 10 apply regardless of whether a claim is in contract, tort (including negligence), in equity, under statute or on any other basis, and whether or not any loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
(a) The Licensed PhotoMaps and APIs are licensed and not sold. Except for the rights expressly granted in this licence, we reserve all rights in relation to the Licensed PhotoMaps and the APIs.
(b) Neither party is liable for any failure to comply with this licence, where that failure is beyond the reasonable control of that party.
(c) Each party’s liability under this licence is reduced to the extent that the acts or omissions of the other party contribute to or cause such liability.
(d) Where either party provides the other with a physical address or email address, notices may be given by sending the notice to that physical address or email address.
(e) This licence is governed by the laws of Western Australia, and each party irrevocably submits to the non-exclusive jurisdiction of the courts of Western Australian and the Commonwealth of Australia.
(f) In this licence:
(i) a reference to a thing includes a reference to any part of that thing; and
(ii) the words “including” and “for example” are not terms of limitation.
(g) Any provision of this licence which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of this licence is not affected.
(h) This licence is the entire agreement between the parties about its subject matter and replaces all previous agreements, understandings, representations and warranties about that subject matter.
(i) The rights of a party under this licence are in addition to and do not exclude or limit any other rights or remedies provided by law.
This licence was last updated on 19 August 2010. We might change this licence from time to time. When we make changes, we will put a notice on our website and make a new copy of the updated licence available here. If you continue to Use our website after we do so, you will be taken to have accepted the new licence.
