General

National ICT Australia Limited (NICTA) is hosting these materials for the ELEFANT open source initiative.

These terms, together with any additional terms, notices and disclaimers (together these Terms of Use) contained elsewhere on this website (the Website), comprise the conditions on which you may have access to the Website and use of content and other services on the Website. Your access and use of the Website constitutes your acceptance and acknowledgment of these Terms of Use, as amended from time to time. If you object to any of these conditions, you must immediately discontinue your access to and use of the Website.

These Terms of Use are governed by the law in force in New South Wales, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them.

Disclaimers

NICTA is not liable to you or anyone else for any loss in connection with use of the Website or a linked website.

This disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

NICTA is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of the Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from the Website is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems.

NICTA may, from time to time, change or add to the Website (including these Terms of Use) or the information, products or services without notice. However, NICTA does not undertake to keep the Website updated. NICTA is not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.

To the extent permitted by applicable law, all representations, warranties and other terms are excluded. You must ensure that your access to the Website is not illegal or prohibited by laws which apply to you or in your location.

Linked web sites

The Website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained.

Links to linked websites should not be construed as any endorsement, approval, recommendation, or preference by NICTA of the owners or operators of those sites, or for any information, products or services referred to on those sites.

In providing such links, NICTA does not accept responsibility for, or endorse the content or condition of, any linked site.

Use of Software

Your use of and contributions to software available from or posted to the Website is subject to the terms of any license or agreement associated with that software. Some of these licenses or agreements incorporate the terms of the BSD, MPL or other open source licenses. Please read these licenses or agreements before installing, using or contributing to the software; by installing, using or contributing to the software, you will have accepted the terms of the licenses or agreements.

Copyright

Certain materials may be made available under a "Creative Commons license:"http://creativecommons.org" in which case its availability will be restricted in accordance with the Commons Deed associated with those materials.

The Website and the materials in it (excluding software to the extent which it is subject to the above Use of Software section) is the copyright property of NICTA or applicable third parties.

You must retain copyright and other notices on any copies or printouts you make.

Except as permitted herein or under a Commons Deed or open source agreement or license, you may not, in any form or by any means:

• adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of the Website; or
• commercialise any information, products or services obtained from any part of the Website,

without the written permission of an authorised representative of NICTA.

Trademarks

Any trademarks, logos and service marks (“Marks”) displayed on the Website are the property of their owners, whether NICTA or third parties.

Privacy

Your use of the Website is subject to the terms and conditions of NICTA’s Privacy Policy published here. However, you should note that chat rooms, forums and/or news groups are available to our community. Any information that you disclose in these areas becomes public information. Please exercise caution when deciding to disclose any personal information in those areas.

Member Account, Password and Security

You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password and account.

You agree that NICTA may, in its sole discretion, terminate your password or account for any reason.

Member Conduct

You agree not to use the Website to:

1. upload, post or otherwise transmit content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, sexually, ethically or otherwise objectionable or vilifying;
2. upload, post or otherwise transmit any content that is confidential or which you do not have the right to transmit under any law or under contractual or fiduciary relationships;
3. upload, post or otherwise transmit any content that knowingly infringes any patent or infringes any trademark, trade secret, copyright or other proprietary rights of any party;
4. upload, post or otherwise transmit any material that is spam or contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

You acknowledge that NICTA does not pre-screen content on the Website but that NICTA shall have the right (but not the obligation) in its sole discretion to delete or move any content that is available via the Website.

You agree to notify NICTA of any content you believe infringes sections 1 to 4 above or is otherwise inconsistent with these Terms and Conditions by contacting the webmaster at admin@elefant.developer.nicta.com.au.