ASPI Digital Platforms Licence Agreement – Terms of Service
This Licence Agreement ("Agreement" or "Terms of Service") is made effective as of the date of online purchase or access ("Effective Date") between the Australian Strategic Policy Institute Limited (ABN 77 097 369 045), a Commonwealth company governed by the Public Governance, Performance and Accountability Act 2013 ("ASPI", "we", "us", "our"), and the purchasing entity or individual ("Licensee", "you", "your").
BACKGROUND
A. ASPI develops and maintains proprietary digital platforms, databases, and analytical tools designed to assist organisations in conducting due diligence, risk assessment, and strategic analysis ("Licensed Platform(s)").
B. Licensed Platforms include, but are not limited to, the China Defence Universities Tracker (CDUT) and the Critical Technology Tracker (CTT), and any bundle or future digital platforms offered by ASPI.
C. The Licensee agrees to access and use the Licensed Platform(s) subject to the terms and conditions set out in this Agreement, which are accepted through online purchase or access.
IT IS AGREED AS FOLLOWS:
1. Definitions
Term and Meaning.
Licensed Platform(s)
Means the digital platform, database, or tool licensed under this Agreement, including all associated Licensed Material.
Licensed Material
Means all data, text, analysis, visualisations, and other information contained within or generated by the Licensed Platform(s).
Subscription Term
Means the 12-month period commencing on the Effective Date, subject to renewal.
Permitted Use
Means use of the Licensed Material solely for the Licensee's internal research, due diligence, risk management, and strategic analysis purposes.
User
Means an employee or authorised contractor of the Licensee who has been granted access to the Licensed Platform under the terms of this subscription.
2. Grant of Licence
Subject to the terms and conditions herein, ASPI grants the Licensee a non-exclusive, non-transferable, revocable licence to access and use the Licensed Material for the Permitted Use during the Subscription Term. This licence is applicable across all and user tiers.
3. Subscription Term, Fees and Payment Models
3.1. Term and Renewal. This Agreement is for a fixed Subscription Term of twelve (12) months and will automatically renew for subsequent 12-month terms unless written notice of non-renewal is provided at least thirty (30) days prior to the end of the current term.
3.2. Currencies and Payment Obligations. All fees are quoted in AUD, USD, EUR or GBP and are exclusive of Goods and Services Tax (GST) or other taxes, where applicable. If the Licensee is an overseas entity, the sale may be GST-exempt. Payment is payable in one of the above currencies selected by the licensees. The Licensee acknowledges that payment is mandatory for continued access to the Licensed Platform(s).
3.3. Payment Models. The Licensee agrees to one of the following mandatory payment models upon checkout:
Payment Model
Description and Terms.
Annual Upfront (Card)
Full Annual Subscription Fee payable immediately at checkout via a secure card processor (Stripe).
Monthly Instalment (Card)
A 12-month commitment with monthly card payments. This model incurs a premium on the Annual Subscription Fee and is not a month-to-month subscription.
Pay-by-Invoice
Access is granted only post-verification and manual onboarding. Total Annual Subscription Fee payable in full within thirty (30) days of the Effective Date.
3.4. Payment Failure Event. For Monthly Instalment payments, if any scheduled payment fails, ASPI reserves the right to immediately suspend or revoke access to the Licensed Platform(s) until all arrears are settled.
3.5. No Refunds or Early Termination. The Licensee agrees that this Agreement represents a firm, non-cancellable 12-month commitment. ASPI offers no early termination or pro-rata refund for any reason.
4. Permitted Use, Restrictions, and Compliance
4.1. Permitted Actions. The Licensee and its Users may view, query, analyse, and extract reasonable portions of the Licensed Material. Insubstantial portions may be incorporated into internal reports with clear attribution.
4.2. Prohibited Actions. The Licensee and its Users shall not:
- Resell, sub-licence, or distribute the Licensed Material to any third party.
- Create a derivative product for commercial sale or distribution.
- Share login credentials between individuals. Access is strictly limited to named, authorised Users.
- Use any automated data-gathering or extraction tool ("scraping").
4.3. Compliance and Monitoring. ASPI retains the right to monitor compliance with User limits and Prohibited Actions, including auditing access logs and User activity.
5. Intellectual Property and Attribution
5.1. Ownership. All intellectual property rights in the Licensed Material remain the sole property of ASPI.
5.2. Attribution. When citing the Licensed Material, the Licensee must provide clear and prominent attribution in the following format: "Source: [Licensed Platform Name], Australian Strategic Policy Institute (ASPI), [Year of access].".
6. Disclaimer of Warranties and Liability
6.1. Disclaimer. The Licensed Material is provided on an "as is" and "as available" basis. The information is analytical in nature and should not be solely relied upon as a definitive statement of fact for any legal or compliance purpose.
6.2. Limitation of Liability. ASPI, its Council, employees, and agents shall not be liable for any loss or damage suffered by the Licensee arising from the use of, or reliance on, the Licensed Material. The Licensee is responsible for all decisions and conclusions based on the Tracker.
7. Data Security and Privacy
7.1. User Responsibility. The Licensee is responsible for maintaining the confidentiality of all login credentials and must notify ASPI immediately of any unauthorised use of its account.
7.2. Data Processing. ASPI utilises secure payment processing via Stripe and employs industry-standard analytics tools (e.g., Google Analytics) to monitor Platform usage and performance.
8. Acceptance and Governing Law
8.1. Online Acceptance. By completing the purchase, checking the "I agree" box, or accessing the Licensed Platform, the Licensee acknowledges and agrees to these Terms of Service. This action is considered legally equivalent to executing the Agreement by signature.
8.2. Governing Law. This Agreement is governed by the laws of the Australian Capital Territory and the Commonwealth of Australia.
Execution
By accepting these Terms of Service and completing the purchase, the Licensee acknowledges having read and agreed to the terms of this Digital Platforms Licence Agreement.
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