Digital Land Information Licences

Copyright Licence

A Landgate Copyright Licence protects Landgate’s copyright and intellectual property rights over and in respect of all of our land information or products. If you wish to use land information, or part of it, for other than internal use, you must obtain prior written consent from Landgate. If permission is granted, Landgate will issue a copyright licence outlining the terms and conditions that govern the use of the land information data.

Customer Obligations

• Cannot distribute, sell, licence, hire, let, trade or expose for sale or hire the information to another party;
• Cannot use the data for direct marketing and must comply with requirements of the Commonwealth Privacy Act (1988, and as amended 2002);
• Information is not to be altered or overprinted with additional information without permission;
• Vector data cannot be used interactively by third parties for copying, reproducing or downloading;
• A copy of any product compiled from, or including, land information must be forwarded to the Manager, Product Management Section, within Landgate; and
• You must make a new application for a licence if the specified time has expired or you wish to use the information in/for a new product.
• Any product containing copyright information is required to carry a notation: ‘Reproduced by permission of the Western Australian Land Information Authority, CL x/201x.’

Licence Fees
Annual Copyright Licence fees are $129.00 (inc GST) and are payable in advance. Commissions may apply dependent upon the use of the land information.

Copyright Licence Application Form

Shrinkwrap Licence

Shrinkwrap licences govern the use of data purchased once off, with no ongoing updates.

Customer Obligations

• Data can be used for internal business purposes only.
• Provides the right to use/access the information, no ownership rights;
• Allows multiple users internally;
• Cannot copy, reproduce, translate, adapt, vary, modify, decompile or dissemble the land information;
• Cannot use the land information for any form of direct marketing for goods or services and must comply with requirements of the Commonwealth Privacy Act (1988, and as amended 2002);

Licence Fees
There is no fee for the issue of a Shrink Wrap licence. Fees are only payable for the data required.

Sample Shrinkwrap Licence

Land Information Licence

Land Information licences govern the use of data purchased in an annual access arrangement, where data is updated as required. These licences may be issued for End Users or Value Added Resellers (VARs). The licences are renewable on an annual basis.

Customer Obligations

• For internal business purposes only (End User licence).
• Allow distribution of the land information to a consultant, under agreement;
• Provides the right to use the information, not ownership rights.
• Cannot use the land information for any form of direct marketing for goods or services and must comply with requirements of the Commonwealth Privacy Act (1988, and as amended 2002);
• Ensure that all reproductions, adaptations or value added products display the Western Australian Land Information Authority’s proprietary notice;
• Maintain adequate security to ensure the land information is not used or accessed by anyone not entitled to do so;

Licence Fees
An annual access licence preparation fee of $308.00 commercially (inc GST).

Sample Land Information Licence

Value Added Reseller(VAR) Licence

The Value Added Reseller(VAR)Licence enables an organisation to use, value add and on sell land information to third party end users. Prospective VAR's are required to submit an Expression of Interest to become an approved Landgate VAR.

Customer Obligations

• Create new products for distribution to a third party end user;
• Value Added Resellers must not change the coordinates or spatial integrity of the land information;
• Provide Landgate access to, or a copy of, any service or product incorporating any part of the land information;
• Provides the right to use the information, not ownership rights;
• Cannot use the land information for any form of direct marketing for goods or services and must comply with requirements of the Commonwealth Privacy Act (1988, and as amended 2002);
• Ensure that all reproductions, adaptations or value added products display the Western Australian Land Information Authority’s proprietary notice;
• Will not distribute, sell, licence, hire, let, trade or expose for sale the value added product unless specified in licence agreement.

Licence Fees
$10,875.00(excl GST) per annum for each Land Information dataset onsold plus a royalty of 27c(excl GST)royalty for each unique hit of a land record Or $667,280(excl GST) per annum Annual Royalty Cap for unlimited unique hits.

Sample VAR Licence

Broker Licence Agreement

A Brokers licence provides access and authority to onsell Landgate Title Products(Certificates of Title, Check Searches, Survey Documents and Transfer of Land Act Documents).

Customer Obligations

• Prospective Brokers are required to submit an Expression of Interest to become an approved Landgate Broker;
• Brokers access Landgate's Title Products via a dedicated Landgate Web Service using a unique Broker ID;
• Brokers are required to pay Landgate the regulated fee for all Title Products ordered and inturn receive a commission of 15% of the value of products onsold;

Licence Fees
A Broker Network Access Charge of $13,776.00(excl GST), together with the current regulated fees for Title products. A 15% commission will be paid monthly in arrears to the Brokers for the value of products onsold.

Sample Broker Licence

Sample Data Licence

A Sample Data Licence grants you access to samples of land information data products for activity related to evaluation or testing purposes, or for possible inclusion in existing or development of new value added products or services.

Customer Obligations

• Data is only to be used for developing, testing and evaluation purposes, and demonstrating value added products to third parties;
• Data is to be kept confidential and not commercialised;
• Will not distribute, sell, licence, hire, let, trade or expose for sale the data to a third party;
• Cannot use the land information for any form of direct marketing and must comply with requirements of the Commonwealth Privacy Act (1988, and as amended 2002);
• Ensure that all reproductions, adaptations or value added products display the Western Australian Land Information Authority’s proprietary notice;
• Maintain adequate security to ensure the land information is not used or accessed by anyone not entitled to do so.

Licence Fees
Dependant on the size of the sample supplied Landgate may charge the cost of Extraction and Provision of the Land Information.

Consultants Confidentiality Deed

A Consultants Confidentiality Deed governs the use of digital land information provided under a Land information licence, which is passed to a consultant for a specified purpose.

• Use of land information is limited to the specified purpose outlined in the Deed;
• Consultants will not release any land information without the prior written consent of Landgate;
• Consultants will not alter the coordinates or spatial integrity nor obtain updates of the land information;
• Once the consultant has completed the specified work, the consultant will return to the licensee all records and materials containing the land information and expunge all land information from their system.

SLIP Commercial Licensee (Internal Use) Agreement

The SLIP Commercial Licensee (Internal Use) Agreement provides conditions of use of Subscription services available through SLIP Enabler for commercial use within an organisation. Presently SLIP subscriptions are available only for Landgate datasets – however, this agreement can be used for the sale of SLIP data from other agencies, for which Landgate will impose an administrative surcharge. As a standard form agreement, this agreement is individualised through a schedule which outlines items such as commencement; term; Specific datasets or data products required and costs; and any special conditions negotiated between the parties.

Customer Obligations:

• Internal Business use is defined as being for the licensee’s own internal business purposes or personal use; and does not include any use for the purposes of further display, distribution, sale, license, hire, let or trade of datasets or derived products to a third party;
• This agreement is intended to be legally binding between the parties;

Other Obligations:

• To keep a register of customers and transactions specifying whenever data or products are utilised, transferred, licensed or on-sold to a customer. The form of this register is stipulated in the agreement;
• Pay fees and charges within 30 days;
• Nominate a person to manage the licensee’s users;
• Notify Landgate of any performance issue;
• Notify Landgate of any service changes or incidents;

SLIP Commercial Licensee (Consultant) Agreement

The SLIP Commercial Licensee (Consultant) Agreement provides conditions of use of Subscription services for commercial use by consulting companies. Similarly to the internal use agreement, the consultant’s agreement employs a schedule to individualise the agreement to the requirements of particular licensees; stipulate the data required and the subscription costs payable. The schedule also contains provision for details of royalty payments required in relation to consultancy services provided by the subscriber.

Customer Obligations:

• Business Use is defined as being for the licensee’s own internal or business use; and for single or multiple customers who are the final recipients of the data or derived product; and to whom the licensee (Subscriber) acts as a Consultant. Business Use does not include any use for the purposes of further display, distribution, sale, license, hire etc to a third party other than as above;
• This agreement is intended to be legally binding between the parties;

Other Obligations:

• To keep a register of customers and transactions specifying whenever data or products are utilised, transferred, licensed or on-sold to a customer. The form of this register is stipulated in the agreement;
• Pay fees and charges within 30 days;
• This agreement is intended to be legally binding between the parties;
• Notify Landgate of any performance issue;
• Notify Landgate of any service changes or incidents;
• Ensure the security of datasets from unauthorized use;

SLIP Service Level Memorandum of Understanding

The SLIP Service Level Memorandum of Understand (SLMoU) covers the use of SLIP subscription datasets by State Government Department users. A series of schedules (A to G) supplement the agreement with general details including customer information; responsible persons; data services required and fees payable; and any special conditions.

Customer Obligations:

• This agreement is not intended to be legally binding between the parties;

Other Obligations:

• Nominate a person to be responsible for the organisation’s users;
• Provide support activities (Servicedesk availability) during business hours;
• Notify Landgate of any performance issue.
• Notify Landgate of any service changes or incidents.
• Adhere to any WALIS policies as outlined in the WALIS Charter.
• Pay any charges to Landgate within 30 days.

SLIP Developers Agreement

This agreement has been developed to formalize the participation of identified commercial developers in the SLIP program. Participation in the Developers Program provides 12 Months access to SLIP data services including predefined restricted services; Technical and Business Support for SLIP; Promotion on SLIP Enabler Portal; Training on SLIP Enabler; and ongoing promotion through SLIP Enabler marketing activities. This program is presently under review by Business Development, with a new agreement likely to be developed for any future version of the program.

SLIP Data Services Trial Agreement

The SLIP Data Services Trial Agreement provides limited access to the use of Subscription services available through SLIP Enabler. The consumer will have limited access to SLIP Data Services for a trial period of 6 weeks commencing on the Commencement Date.

Customer Obligations:

• The Consumer is not required to make any payment to Landgate in connection with the Trial;
• Nominate a person to manage the consumer’s users over the trial period;
• Notify Landgate of any performance issue.
• Notify Landgate of any service changes or incidents.
• At the conclusion of the Trial, provide feedback on SLIP and the SLIP Data Services. This feedback will be used by Landgate to improve the service and products offered by SLIP and SLIP Data Services.
• Should the consumer wish to have access to SLIP Data Services following the end of the trial, then, at least 2 weeks prior to the end of the Trial, the Consumer and Landgate will meet to discuss the terms and conditions on which the Consumer will continue to have access to SLIP Data Services.