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.
The following definitions apply to the terms as they appear in
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.
ARRB grants you a non-exclusive, non-transferable Licence to use
the RAV RAT Software according to the terms set forth below.
- 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.
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
- 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
- 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:
- The data is aggregated with the states user data in any
publication or release of the data; and
- Specific organisations or users cannot be identified explicitly
or implicitly from any published or released documents; and
- Individual User data is not accessed or used by ARRB for
You also acknowledge that ARRB or its representatives may need
to access your data to undertake system maintenance and
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).
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
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
- 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
The RAV RAT Software may contain within or link to software
and/or services from other parties (for example Google Maps). You
bottom of the maps within the RAV RAT Software.
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