Downloads – SMARTS

END-USER SOFTWARE TERMS

BY USING THE FOLLOWING SMARTS SOFTWARE and associated source code, software, function libraries, applications, user manuals and documentation (SOFTWARE), YOU (AS AN INDIVIDUAL USING THE SOFTWARE AND ANY SINGLE LEGAL ENTITY FOR WHICH YOU REPRESENT) (YOU) ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH THE UNIVERSITY OF MELBOURNE (UNIVERSITY). IN CONSIDERATION OF YOU USING THE SOFTWARE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND HAVE AGREED TO BE BOUND BY, AND TO ABIDE BY, THESE TERMS AND CONDITIONS.

Ownership. You acknowledge and agree that the University is the sole owner of the Software and, all intellectual property rights subsisting in the Software, and that the Licence does not transfer or assign to You (or any other person) any copyright or other intellectual property rights subsisting in the Software. You further acknowledge and agree that the University will own any and all modifications, adaptations and alterations to the Software, or derivative works or functionally equivalent software created from the Software and that You assign to the University all copyright (including future copyright) and other intellectual property rights subsisting in any such modifications, adaptations, alterations, derivative works or functionally equivalent software to the University created by You,
irrespective of whether the University’s prior written agreement was obtained.

Disclaimers. The Software is licensed to You on an “as is” basis and without any representation as to functionality, performance, suitability or fitness for purpose. You acknowledge and agree that, to the extent permitted under law, and subject to clause 5, the University makes no representations, warranties or guarantees:

in relation to the functionality, performance, availability, suitability, continuity, reliability, accuracy, currency or security of the Software; or
that the Software is free from computer viruses or any other defect or error which may affect Your software or systems or third party software or systems.

You further acknowledge and agree that the University has no obligation to (and makes no representation that it will) maintain or update, or correct any errors or defects in, the Software.

Consumer guarantees. To the extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on the University are excluded under these terms. However, if a supply under these terms and conditions is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time), nothing contained in these terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits the University to limit its liability, then the University’s liability is limited to (at its option):

in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
in the case of software or other goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

Exclusion of liability. Subject to clause 5 and to the extent permitted by law, the University, and (where applicable) its distributor disclaim liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses (including, without limitation, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data or loss of anticipated savings or benefits), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by any person in connection with the Software (including Your downloading and/or use of the Software).

Indemnity. You indemnify the University (and its subsidiaries, employees and agents) and (where applicable) its distributor against all loss, actions, proceedings, costs and expenses (including legal fees), claims and damages of any kind whatsoever caused directly or indirectly by, or arising directly or indirectly out of or in connection with, Your downloading and/or use of the
Software or any breach by You of these terms.

Termination. Without prejudice to any other rights or remedies that the University may have against You under the agreement formed by these terms or at law, if You breach any of these terms, the University may, by giving You written notice, terminate this agreement without any liability to You. The termination of this agreement will result in the immediate and automatic revocation of the licence. If the University terminates this agreement (and revokes the Licence), You must immediately cease using the Software and (at the University’s option) delete or otherwise destroy all copies of the Software in Your possession.

General. These terms constitute the entire agreement between You and the University in relation to their subject matter and supersede and cancel all prior understandings, negotiations and agreements in connection with that subject matter, and may only be varied by a written agreement between You and the University. If any of provision of these terms is invalid or unenforceable, it may be severed from these terms and the remaining provisions of these terms continue in force. These terms are governed by the laws in force in Victoria, Australia, and You unconditionally submit to the exclusive jurisdiction of the courts of Victoria, Australia.

We provide two versions of SMARTS. One is the standalone version. Another is the distributed version. The standalone version is a single jar file. The distributed version contains two jar files, one for server and another for worker. The programs are compiled with Java SE Development Kit 8 (JDK 8) so you may want to install Java Runtime Environment 8 (JRE 8) or a higher version of JRE before running the programs.

To download SMARTS, please check the file(s) that you would like to download. You will then be asked to fill in a simple form that contains some basic information, such as your email address. Click SEND after the form is filled. The download links to the selected files will be emailed to you. The links will be valid for one day.

The binary files were updated on 01 December, 2022.

END-USER SOFTWARE TERMS

Copyright © 2018, The University of Melbourne.

END-USER SOFTWARE TERMS