LINZ Licence for Pending Approval Data 1.0

Effective Date: April 2016

The data being licensed under this Licence (the ‘Pending Approval Data’) is protected by copyright and/or other applicable law. Any use of the Pending Approval Data other than as authorised under this Licence or copyright law is prohibited. When you download Pending Approval Data, or exercise any rights to the Pending Approval Data provided here, you accept and agree to be bound by the terms of this Licence. All rights, including all intellectual property rights in the Pending Approval Data, not expressly granted under this License are hereby reserved. LINZ grants you the rights contained here in consideration of your acceptance of such terms and conditions.

1 Licence Grant

1.1 LINZ hereby grants to the you a worldwide, royalty-free, non-exclusive, non-transferable licence for the duration of copyright in the Pending Approval Data to use the Pending Approval Data subject to the following terms (‘Licence’):
a You must not share the Pending Approval Data outside your organisation (except for contractors performing work for your organisation, in which case you will obtain all necessary warranties from such contractor to give effect to the terms of this Licence). You must not publish, distribute, or otherwise disseminate the Pending Approval Data in a way that would allow third parties to access it.
b You must not transfer, sub-license or assign your rights to use the Pending Approval Data under this Licence.
c You must not incorporate the Pending Approval Data into any work which will be shared outside your organisation.
d You must not use the Pending Approval Data for any unlawful purpose and must comply with all laws.
e You must not rely on the accuracy of the Pending Approval Data.

2 No Warranty

2.1 Except as required by law or otherwise agreed in writing between the parties, you agree that the Pending Approval Data is licensed by LINZ on an “as is” basis without any warranty of any kind, express or implied or other assurance as to accuracy, quality, completeness or fitness for any particular purpose of the Pending Approval Data.

3 Limitation of liability

3.1 To the fullest extent permitted by law, LINZ excludes all responsibility for any damages or losses (including, without limitation, financial loss, damages or loss of business, loss of profits or savings, direct, indirect or consequential damages or losses) arising in contract, tort (including negligence) or otherwise from the use of, or inability to use, the Pending Approval Data, or from any action or decision taken as a result of using the Pending Approval Data. If LINZ becomes liable to you for any form of loss or damage, LINZ’s liability to you arising out of all claims for loss or damage under these terms will not exceed NZD$1.

4 Termination

4.1 The rights granted to you under this Licence shall terminate if a breach of the terms of this Licence is failed to be remedied with 30 days from the date of your discovery of the breach or immediately if a breach of this Licence occurs that is deemed to be a material breach (determined at the sole discretion of LINZ). In the event that LINZ exercises its rights under this clause 4 you must immediately return the Pending Approval Data and destroy all copies of the Pending Approval Data that are in your possession or control. You must also provide a written undertaking that no further copies of the Pending Approval Data are or will be used or retained by you for any reason.

4.2 Clauses 2, 3, 4 and 5 will survive any termination of this Licence.

5 General

5.1 The validity or enforceability of the remaining terms of this agreement is not affected by the holding of any provision of it to be invalid or unenforceable.

5.2 These terms constitute the entire agreement between you and LINZ and supersede and extinguish all prior agreements and understandings between the parties relating to the Pending Approval Data.

5.3 You agree that this Licence is subject to the laws of New Zealand and you submit to the non-exclusive jurisdiction of the New Zealand courts.

5.4 All references to legislation or documents in these amendments, includes that legislation or those documents as amended or replaced from time to time.

5.5 This licence does not affect any rights that you might have under any applicable law, including fair use, fair dealing or any other legally recognised limitation or exception to copyright infringement.