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other infringement of the Licensor's rights in relation to the Whereis Data.The
contact details of the Licensor are as follows: Sensis Pty Ltd, 181-189 Victoria
Parade, Collingwood,Victoria 3066,Australia.
3. PROPERTY AND OWNERSHIP
All intellectual property rights (including copyright and any trade marks used by
the Licensor and Telstra) in and to the Whereis Data are the sole and exclusive
property of, or a use under licence by,the Licensor (or its licensors). Except to
the extent permitted by this Licence, you do not acquire any intellectual property
rights in or to the Whereis Data.
4. EXCLUSION OF LIABILITY
To the extent permitted by law, the Licensor does not make any warranties of
any kind, whether express or implied, including any implied warranty of mer-
chantability or fitness of the Whereis Data for a particular purpose. Licensor's lia-
bility for breach of any condition or warranty implied by statute which cannot be
excluded is (to the extent permitted by law) limited to, in the case of the supply
of goods, the repair,replacement or re-supply of the goods or of equivalent
goods or the payment of the cost of repairing or replacing the goods or of
acquiring equivalent goods; and in the case of the supply of services, supplying the
services again, or the payment of the cost of having the services supplied again,
provided that there shall be no such limitation for breach of such a condition or
warranty where the relevant law prohibits such limitation.
Subject to this clause 4, the Licensor,its employees,agents and contractors will
not be liable (whether in contract, tort or otherwise) to you or any other person
for any loss, costs, damage or injury of any kind whatsoever (including incidental
or consequential loss) wholly or partly arising out of or in connection with the
use of or inability to use the Whereis Data.
5.TERMINATION
The Licensor may terminate the Licence immediately if you are in breach of any
provision of this agreement. Your rights under this agreement cease immediately
upon termination of the Licence and you must immediately cease using the
Whereis Data; and at the Licensor's election,return to the Licensor at the details
described in clause 2.5 or destroy all materials bearing or containing the Whereis
Data and, if required by the Licensor, shall certify that the Whereis Data and all
such copies have been returned or destroyed. Termination of the Licence does
not affect any rights or remedies which accrued prior to termination.
6. GENERAL
You may not assign or sub-licence your rights under this Licence.This agreement
constitutes the entire agreement between the parties.Any previous agreements,
understandings and negotiations cease to have any effect.A provision of, or a
right created under, this agreement may not be waived except in writing signed
by the Licensor.This agreement is governed by the laws in force in the State of
Victoria,Australia. A reference to a person includes a reference to a firm, corpo-
ration or other corporate body.
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