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The National Archives of Australia (Archives) is committed to enhancing and sharing Material that is collected by and cared for by Archives for the benefit of all Australians. The Archives digitises and electronically stores a vast range of material about people – from the ordinary to the famous – and their interactions with the Australian Government.

To enable Cultural Institutions to access this material, Archives has developed an Application Programming Interface (API). The API is designed to allow Cultural Institutions the opportunity to access and use a broad range of carefully digitised and catalogued materials to build upon their own collections of information and records and to provide that material to Users of their websites. To access the API, a Cultural Institution will first need to be issued with an API Key and agree to abide by the terms and conditions set out below.

Definitions

API means an Application Programming Interface which allows an API User to search for and retrieve available information contained within a range of searchable fields.

API Users means collectively, the Cultural Institution and Users.

API Key means a unique identifier issued by the Archives to enable an authorised Cultural Institution to access the API.

API User Account means an electronic account to facilitate the Cultural Institution to access the API through a password protected electronic account that is maintained by the Archives.

Archives Website means the internet address or sub-domain of www.naa.gov.au which provides access to the API and includes all related web applications, databases and catalogues made available or accessible via the website.

Cultural Institution means a public art gallery, public museum or public library.

Harmful Code means any virus, disabling or malicious device or code, worm, Trojan, time bomb or other harmful or destructive code, but does not include any software lock or other technical mechanism that is include to manage the proper use of the API.

Loss means loss, damage, cost or expense (to any person or property) including consequential or indirect loss of any profits, data or revenue.

Material means material of the Archives as defined under section 3 of the Archives Act 1983.

The Archives means the National Archives of Australia.

Nominated User means any person selected by a Cultural Institution to be the point of contact between the Cultural Institution and the Archives regarding the API.

User means an end user of the Cultural Institution's website.

1. Changes or amendments to the terms and conditions

The Archives reserves the right to update or amend these terms and conditions from time to time. Any changes made to these terms and conditions will become effective immediately and will be notified on the Archives' Website. If a Cultural Institution continues to access and use the API, or allow its Users to access and use the API through its website, after a change to the terms and conditions has been made, the continued access to and use of the API by the Cultural Institution will mean that the Cultural Institution has agreed to continue to be bound by the terms and conditions as amended.

2. Registration and issue of API Key

Before a Cultural Institution can access and use the API, it must create an API User Account by completing and submitting the online application form and be issued with an API Key by the Archives.

The API Key is free but it is non transferable and must only be used by the Cultural Institution to which the API Key is issued. If a Cultural Institution permits or facilitates any other person or party to access or use the API Key (except where the access and use is required to install or downloaded the API on the Cultural Institution's website), then that use will constitute a breach of these terms and conditions and result in an automatic termination of this agreement and access to the API including the cancellation of the API Key by the Archives.

At the time of submitting a request for an API User Account, a Cultural Institution will need to provide the details of a Nominated User who will be responsible for the care and use of the Cultural Institution's API Key by that Cultural Institution. The Nominated User is required to supply the following details to enable the Archives to contact the Nominated User (as a contact point for that Cultural Institution) should the Archives have any questions about the use of the API User Account by that Cultural Institution:

  1. first name
  2. last name
  3. name of Cultural Institution
  4. Cultural Institution contact email address

The Archives will only use the Nominated User's personal information to contact the Nominated User about the Cultural Institution's use of the API from time to time. The Archives will not use or disclose the Nominated Person's personal information for any purpose except as described in these terms and conditions.

The Archives reserves the right to terminate the API User Account and API Key if the Cultural Institution in the opinion of the Archives has breached any part of these terms and conditions.

3. General Obligations of the Cultural Institution

If the Cultural Institution is issued with an API User Account, then it may implement the API on its website and distribute all Material accessible via the API to its Users. By installing the API on its website, the Cultural Institution agrees that:

  1. it must not access the source code of the API or the Archives' Website including distribute or on-supply (whether for value or not) the API, or the source code for the API to any person without the express written consent of the Archives;
  2. it must not retain any copies of the Material and is only permitted to cache it for a maximum of 30 days;
  3. its rights to the Material is strictly limited to making direct server calls to the API (using the API Key) for the Material and to provide a the link to the Material on the Archives Website to Users immediately upon receipt of the link to the Material by its server or website;
  4. if any Material is removed from the Archives' Website or is no longer able to be viewed by a User including the Cultural Institution, then the Cultural Institution must also remove that Material from its website;
  5. it must not violate or seek to violate the security of the Archives Website or the API;
  6. the API User Account or API Key must not be shared with any person or third party outside of the Cultural Institution;
  7. the Archives may from time to time monitor access and use of the API by the Cultural Institution to ensure compliance with these terms and conditions;
  8. it must provide to the Archives free access to any applications or websites that use or store the Material to enable Archives to ensure these terms have been complied with;
  9. ensure that the Nominated User's details are correct and up to date and that the details are provided with the full and informed consent of the Nominated User; and
  10. it will comply with and will ensure its Nominated User and other officers, employees and agents as permitted under these terms and conditions comply with all relevant Australian laws and regulations concerning the use of copyright material which is accessed, downloaded and used through the API and the Archives Website.

4. Call Limit

A Cultural Institution may be subject to a limit on the number of free API calls it is permitted to make per day or per month. The Archives will notify the Cultural Institution through its Nominated User of any limits applicable to a Cultural Institutions API User Account.

If a Cultural Institution wishes to increase the number of API calls it is permitted to make on a per day or per month basis, it must contact the Archives accordingly. Any increase in the API call limit may be subject to payment of a fee to be agreed between the Archives and that Cultural Institution. The application of a fee for additional or further access above the daily or monthly call limit is to be determined in the sole discretion of the Archives.

5. API as an Information Source

For all Material that is made available by the Archives via the API is done so in good faith and in accordance with these terms and conditions. While the Archives derives Material from a range of sources which the Archives believes to be accurate and up to date, the Archives reserves the right to remove, correct or update any Material that is accessible via the API or the Archives Website at any time and without notice to the Cultural Institution or its Users.

The Archives does not make any representation or give any warranty that the Material is reliable, accurate or complete or that access to the API is free from interruptions, time delay or secure.

6. Intellectual Property Acknowledgement

The Cultural Institution agrees to acknowledge the Archives as the source of the API and any Material derived from the API through the Cultural Institution's website and must include a link to the Archives Website:www.naa.gov.au. If the Cultural Institution presents the content of individual items it must include a link back to the item on the Archives’ Website and display its persistent identifier (eg. http://discoveringanzacs.naa.gov.au/browse/person/89559 )

7. No Technical Support Provided

The API may be subject to version updates from time to time. The Archives may notify a Cultural Institution of an update to the API by contacting the Cultural Institution's Nominated User. The Cultural Institution acknowledges that it is responsible for ensuring that it is using the latest API version as it is made available by the Archives and the Archives will not be responsible for or liable to the Cultural Institution, including any of its Users for any Loss that may arise out of, or in connection with the use of any superseded versions of the API.

The Archives is under no obligation to provide any technical support to a Cultural Institution or any of its Users for the API. The Archives does not warrant or represent any particular performance characteristics or general availability of the API. The Archives will however provide API troubleshooting guides through a separate electronic account (with login and password) that will be issued to the Nominated User for use by a Cultural Institution only at the time that the API User Account and API Key is issued.

The Archives endeavours to provide reasonable notice to a Cultural Institution through its Nominated User of any planned outage of the API.

8. Security of Information

The Archives does not guarantee that the API is totally secure. While the Archives strives to protect information contained in the API, Archives does not warrant or provide any assurance that the security of any Material accessed via the API is free of Harmful Code and any Material accessed by a Cultural Institution or its Users via the API is at its own risk.

The Archives will take reasonable steps to protect Material stored on the API so that it is not compromised however, the Archives does not provide any assurance that no Harmful Code will enter the API.

9. Indemnity

The Cultural Institution indemnifies the Archives including its officers, employees and agents against all Losses sustained or incurred by the Archives as a result of actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against the Archives arising out of or in connection with a failure by a Cultural Institution, its Nominated User or its Users to comply with these terms and conditions.

10. Copyright Licence

All API Users are granted a licence to copy, reproduce, publish, download and communicate the Material made available via the API on a fee-free and royalty free basis in accordance with the Creative Commons Attribution Non Commercial-No Derivatives 3.0 Licence (CC BY-NC-ND).

Creative Commons Attribution Non Commercial-No Derivatives 3.0 Licence

The details of this licence may be found at the following link: https://creativecommons.org/licenses/by-nc-nd/3.0/au/legalcode

All Cultural Institution must reproduce the above licence (and its link) as part of its own terms and conditions for use of its website where access to the API is given by that Cultural Institution.

11. Restricted Use and No Sub-licence

In accordance with the copyright licence granted under clause 10of these terms and conditions, the Archives expressly prohibits each and every API User from granting a sub licence to Materials obtained via the API to any third person for use of any Material for a commercial purpose. A commercial purpose includes (but is not limited to) providing any third party with access to the Material, the API (or the API Key) for a monetary fee or any in-kind service.

A breach of this clause will be considered by the Archives to be a material breach of these terms and conditions and will result in the immediate termination or suspension (at the election of the Archives) of the API User Account concerned. The Archives will not have any liability or responsibility to a Cultural Institution or its Users for the termination of the API Key and the API User Account under this clause.

Any request for permission to use the Material (or the API as the case may be) beyond the scope of this licence, including for any commercial purpose should be directed to the National Archives of Australia via Email: websites@naa.gov.au

12. Privacy Policy

For further information about how the Archives treats personal information (in addition to these terms and conditions), please review our privacy policy

13. Breach of the API Terms

If a Cultural Institution becomes aware of any breach of these terms and conditions for use of the API or any Material that is made available via the API, it must immediately notify Archives of the threatened or actual breach upon becoming aware of such a breach by contacting the National Archives of Australia via Email: websites@naa.gov.au

14. Termination of Access

The Archives may, acting reasonably, terminate or temporarily suspend an API Key (and/or an API User Account) without notice to a Cultural Institution and these terms and conditions will survive termination and continue to be in force during a suspension.

15. Disclaimer

This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

The Archives does not accept responsibility for any Loss, however it is caused (including through negligence), which a Cultural Institution or its User may directly or indirectly suffer in connection with or arising from use of the API or the Archives Website (including any applications, links databases or catalogues) associated with the API or the Archives Website including any reliance placed on Material contained in or accessed through the API or the Archives Website by an API User.

The Archives accepts no liability for any failure by it to comply with these terms and conditions where such failure is due to circumstance beyond its reasonable control.

If the Archives’ waives any right available to an API User under these terms and conditions on one occasion, this does not means that those rights will automatically be waived on any other occasion. If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will continue to be in full force and effect.

16. Governing Law

These terms and conditions are governed by the laws in force in the Australian Capital Territory and each API User agrees to submit to the exclusive jurisdiction of the courts of that jurisdiction.