TERMS OF USE

The software called ‘UQ Cases’ as downloaded and updated from time to time (‘the Software’) and any related documentation in the Software or that UQ makes available for use in relation to the Software (if any), is provided free and on an AS IS basis, subject to the following terms (‘Terms of Use’). By installing or using the Software, you personally agree with The University of Queensland ABN 63 942 912 684 (‘UQ’) to these Terms of Use. IF YOU DO NOT ACCEPT THESE TERMS OF USE YOU ARE NOT PERMITTED TO USE, AND SHOULD IMMEDIATELY CEASE ALL USE OF, THE SOFTWARE AND ANY RELATED DOCUMENTATION. UQ may vary (including add to and amend) the Software, documentation and these Term of Use at any time (including via Software updates). Such changes take effect from the time you next use the Software unless UQ notifies to the contrary.

LICENCE

Subject to your ongoing compliance with these Terms of Use, UQ grants you a royalty-free, non-exclusive, non-transferrable and revocable licence to use the Software and related documentation (if any) solely for your participation as a staff member or student in the relevant UQ course(s) for which the Software is being used. You must not use the Software for any other purpose, including any commercial purpose. UQ may cease providing the Software and any related documentation at any time and may revoke this licence, and any related consent granted by UQ, at any time at UQ’s convenience. Except as permitted by any law that cannot be excluded, you must not: • reverse engineer, decompile, disassemble or create derivative works of, the Software or related documentation or modify or distribute the Software or related documentation (if any) or incorporate any of it in any other software or documentation; • copy the Software, in whole or part, except where incidental to loading and executing it as permitted by this licence; or • assist or purport to permit another person to access or use the Software or related documentation. Regarding related documentation and Software outputs, where it is clear UQ intends you to print, copy, add to or otherwise modify or create derivative works from them, then you may do so but only for the purpose of your participation in the relevant UQ course and for retaining records of your work for that course. All other rights are reserved by UQ. You must not use or retain copies of the Software after the course finishes or after UQ notifies you that the licence is revoked.

USER ACCOUNTS

To use the Software you may need to create a user account using your UQ email address and a password. You must not share your account or your password with any other person. You must immediately notify UQ if you become aware or suspect your account or password has been accessed or used by another person.

THIRD PARTY APPLICATIONS

The Software is used in connection with related third party applications. For example, the Software uses Google Fire Bases for user authentication and some of the ‘cases’ in the Software allow for multiplayer sessions which use a multiplayer cloud service called Photon. UQ may use an ‘app store’ to make the Software or updates available. UQ is not the provider of such related third party applications. You must comply with the terms and conditions the provider of any such related third party application imposes on you.

PRIVACY & CONSENTS

UQ may collect personal information in the course of your use of the Software, related documentation, user accounts or related third party applications. UQ manages personal information in accordance with its applicable published policies. Additionally, for the purposes of providing, maintaining (including improving and developing) and administering user accounts, the Software and related documentation, related UQ courses and your participation in and use of the foregoing and any third party applications, you agree UQ may collect, store, use (including modify), transfer and disclose to third parties and related third party applications, and licence them to use, your personal information and any data, content or other information provided to or collected by UQ in connection with your use of your user account, the Software or any related third party applications. You acknowledge and agree such third parties may include UQ staff, contractors and service providers, other students participating in multiplayer sessions and providers of related third party applications and their contractors and service providers. You may withdraw the above consent at any time by written notice to the relevant UQ course lecturer or another appropriate UQ staff member, but thereafter you must not use the Software or any related documentation.

RIGHTS TO CONTENT & OTHER INFORMATION

The Software, related documentation and all data, documentation and other information in user accounts and the Software are UQ’s property. However, you retain ownership of the intellectual property rights in content you create. You must not use your user account or the Software to create, or in connection with, content that infringes another person’s intellectual property rights. You grant UQ an irrevocable, perpetual, royalty free, non-exclusive licence to retain and use (including modify, extract, create derivative works from and sublicense) any intellectual property rights you have in: • records of your user account and your use of the Software, related documentation and related third party applications; and • copies of content (including data, documents and other information) you input into or develop using the Software, your user account or any third party application, for the purposes of using it in UQ courses and for providing, maintaining (including improving and further developing) and administering UQ courses, user accounts, the Software and related documentation and for your use of the foregoing and of any third party applications. You consent to UQ not attributing you as an author of any work.

DISCLAIMER AND LIABILITY EXCLUSIONS AND LIMITATIONS

You acknowledge and agree that, to the full extent permitted by law: • use of the Software, related documentation and related third party applications is at your own risk and you must use your own independent knowledge, skill and judgment in making any use of them; • you must not rely on the Software (including any models, algorithms or outputs used or produced by the Software), related documentation or any related third party applications, as being correct, accurate, current or free of errors or other defects; • UQ is not obligated to provide the Software or documentation or any updates to you; • UQ does not warrant, guarantee or represent: o the Software (including any models, algorithms, data or outputs in or produced by the Software), related documentation or any related third party application, is correct, accurate, up to date or free of errors or other defects; o the Software, related documentation or any related third party applications will be provided, maintained or supported or that they will operate as intended or without causing defects or that any defects will be rectified; or o the Software, related documentation and related third party applications are suitable for any purpose; and • neither UQ, nor its personnel, will be liable under any legal theory (including in contract, tort, including negligence, in equity, under statute or otherwise) to you or to any person claiming through you, for any loss, damage, cost, expense or liability of any kind whatsoever (whether direct, indirect, consequential or otherwise) that you or any other person suffers or incurs in connection with the Software, related documentation or any related third party applications or their use, whether or not it was foreseeable or the risk was known by UQ or its personnel. In the event that UQ has any liability in connection with the Software, related documentation or any related third party applications or these Terms of Use that cannot by law be excluded then, to the extent permitted by law, UQ’s liability is limited (and, to the extent permitted by law, at UQ’s option): • for goods: to replacing or repairing the goods or supplying equivalent goods or paying the cost thereof; or • for services: to re-supplying the services or paying the cost of having the services supplied again. Except in respect of liability that by law UQ is not permitted to exclude, you agree you will not make allegations or claims of any kind whatsoever against UQ or its personnel in connection with the Software, related documentation or any related third party applications or their use by any person.

GENERAL TERMS

These Terms of Use are to be governed by and construed in accordance with the laws in force in the State of Queensland, Australia and you irrevocably submit to the exclusive jurisdiction of the courts of that State (including federal and appeal courts). To the full extent permitted by law, the United Nations Convention on Contracts for the International Sale of Goods is excluded. You must not assign these Terms of Use or rights under them. If any provision of these Terms of Use is void, voidable or unenforceable it is to be read down so as to be valid and if it cannot be so read down then it is to be severed in the relevant jurisdiction (without affecting the remainder of these Terms of Use), unless this would fundamentally alter these Terms of Use or be contrary to public policy. © January 2020. The University of Queensland. All rights reserved.