TERMS AND CONDITIONS FOR USAGE OF PRODUCTS FROM NGĀ WHETŪ RESOURCES
Upon placing an order for any of the resources offered on the Ngā Whetū Resources website, you are agreeing to comply with and be bound by the following terms and conditions of use, which constitute an agreement between Ngā Whetū Resources, hereinafter called "Ngā Whetū”, and you, the recipient whose name, address, and other details are recorded during registration on this web site, hereinafter called "Licensee."
This agreement takes effect from the moment that the registration has been received by Ngā Whetū and, if applicable, the specified License Fee has been received by Ngā Whetū in full.
The materials that are the subject of these Terms and Conditions consist of electronic and/or printed information published by Ngā Whetū and specified on its website (hereinafter specifically referred to as the "Free Resources” or “Licensed Resources" or generally as “materials”). These materials are intended for non-commercial scholarly use by Educational institutions or individuals.
Ngā Whetū has made all reasonable efforts to obtain consent and permission, when pertinent, from copyright holders of printed texts or other materials that have been included in Ngā Whetū products and thus believes that use of these products does not constitute an infringement upon the copyright of any third party. In the event that a claim should be filed for copyright infringement against Licensee, Licensee shall notify Ngā Whetū immediately.
2. Disclaimer of Warranties
Ngā Whetū has used its best efforts to prepare the materials in a standard usable format. Licensee accepts these materials with the understanding that there is no warranty of any kind except as expressly set forth in these Terms and Conditions and is provided to Licensee "as is". More specifically, Ngā Whetū disclaims any and all warranties, conditions, or representations (express or implied, oral or written), with respect to Ngā Whetū materials or any part thereof, including any and all implied warranties or conditions of title, non infringement of any intellectual property rights of a third party, merchantability, or fitness for a particular purpose or suitability for any purpose (whether or not Ngā Whetū knows, has reason to know, has been advised, or is otherwise in fact aware of any such purpose), whether alleged to arise by law, by reason of custom or usage in the trade, or by course of dealing.
Ngā Whetū makes no warranties with respect to any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or any other form of malicious computer program.
3. Exclusion of Liability
Ngā Whetū shall not be liable to Licensee for any incidental, consequential, indirect, special, general, punitive, or any other damages resulting or arising directly or indirectly from or in connection with the usage granted under these Terms and Conditions.
Ngā Whetū reserves the right to amend these Terms and Conditions from time to time without prior notice. Amendments will be effective immediately upon being placed on this website. An order that is placed following such amendments will represent an agreement to be bound by the Terms and Conditions as amended. Such amendments may include replacing these Terms and Conditions in its entirety.
The agreement between Ngā Whetū and Licensee under these Terms and Conditions, is to be governed solely by New Zealand law and parties agree to submit to the exclusive jurisdiction of the New Zealand courts.
B. FREE RESOURCES
The Free Resources as available from this website without payment of any fee, are non-copyrighted. Licensee is free to use these resources in any way they see fit, with the exception that Licensee may not use the Free Resources or derivatives thereof for commercial purposes, including but not limited to the sale, or fee-for-service use, of the Free Resources or derivatives thereof.
Redistribution of the Free Resources, in whole or in part, is permitted only for non-commercial purposes and must be clearly identifiable to originate from Ngā Whetū Resources.
C. LICENSED RESOURCES
1. Grant of Site License
In consideration of the payment to Ngā Whetū by Licensee of the License fee specified on the Ngā Whetū web site, Ngā Whetū grants to Licensee a non-exclusive, non-transferable, and revocable Site License to make permitted use of the Licensed Resources and to provide the Licensed Resources to Authorized Users subject to the provisions of these Terms and Conditions.
“Authorized Users” are: Persons affiliated with the Licensee; full and part-time employees and students of Licensee; and patrons not affiliated with Licensee who are physically present at Licensee’s site (or family members if Licensee is an individual) and have Licensee’s permission to use its resources.
Site Licenses are restricted to institutions or individuals located at a single address. Multi-campus institutions must purchase a Site License for each location separately. Licensee is entitled to install electronic Licensed Resources on individual computers and/or servers solely for access by its Authorised Users. Similarly Licensee is entitled to reproduce and distribute printed Licensed Resources among and to the benefit of its Authorised Users. Licensee and Authorized Users will make use of the Licensed Resources as is consistent with the Fair Use Provision of International copyright laws.
Licensee and its Authorized Users acknowledge that the copyright and title to the Licensed Resources and any trademarks and service marks relating thereto, remain with Ngā Whetū. Neither Licensee nor its Authorized Users shall have right, title or interest in the Licensed Resources except as expressly set forth in these Terms and Conditions.
2. Licensee Performance Obligations
Licensee shall not distribute Licensed Resources or derivatives thereof, or give access to such materials to others than its Authorised Users.
Licensee may modify, manipulate, or create a derivative work of the Licensed Resources, provided that such modified, manipulated or derivative work is for exclusive use by Licensee and its Authorised Users only.
Licensee may not use the Licensed Resources or derivatives thereof for commercial purposes, including but not limited to the sale, or fee-for-service use, of the Licensed Resources or derivatives thereof.
In the event of any unauthorized use of the Licensed Resources by Licensee or any of its Authorized Users, Ngā Whetū may terminate this agreement and/or restrict access of Licensee to other Ngā Whetū resources, providing a seven (7) day written notice to Licensee.
3. Ngā Whetū Performance Obligations
Ngā Whetū will provide the Licensed Resources to the Licensee on optical disk or other mass storage device, in printed form, and/or in digital form accessible from the Ngā Whetū web site. Upon receipt of the agreed upon fee, Ngā Whetū shall dispatch tangible Licensed Resources to the Licensee within a reasonable period of time not to exceed 15 days.
Ngā Whetū shall provide and maintain appropriate user documentation. Ngā Whetū will offer a reasonable level of continuing support by e-mail during regular business hours to assist Licensee and Authorized Users in the use of the Licensed Resources.
Ngā Whetū shall use reasonable efforts to ensure that its servers have sufficient capacity and rate of connectivity to provide the Licensee and its Authorized Users with a quality of service comparable to current standards in the on-line information provision industry.
During the terms of this License but not exceeding a period of three years after establishment of this License, Ngā Whetū may provide upgrades to the Licensed Resources, either adding materials or making other enhancements or improvements, at no additional cost to the Licensee.
Last updated 20 February 2011