End User License Agreement
This license agreement (the "Agreement") is entered into between you, as a
private person or a company (the "Licensee") and Callaghan Innovation, a Crown
agency of the New Zealand government, having its registered address at
69 Gracefield Road, Lower Hutt, New Zealand ("CI"). By installing,
copying or otherwise using all or any portion of the GUM Tree Calculator
you ('the Licensee') agree to be bound by the terms of the Agreement.
If you do not agree to the terms of this Agreement do not install or
use the Software Product.
The Software Product is protected by Copyright and other intellectual property
laws and treaties. CI reserves all of its rights in the Software Product that
are not expressly granted under the terms of this Agreement.
Subject to the terms of this Agreement, CI hereby grants to Licensee a non-
exclusive, non-transferable, non-sublicensable and limited license only to
install and use one copy of the Software Product.
"Software Product" means (a) the GUM Tree Calculator included third party
software files and other information and (b) upgrades, updates and additions to
such provided to you by CI, to the extent not provided under a separate
3. LIMITATIONS AND RESTRICTIONS
The following shall apply in addition to the limitations and restrictions set
forth elsewhere in this Agreement:
Licensee shall not modify, adapt, translate or create derivative works based
upon the Software Product. Licensee shall not reverse engineer, decompile,
disassemble or otherwise attempt to discover the source code of the Software
Product except to the extent permitted by law.
Licensee shall not use, distribute, rent, lease, disclose or license out the
Software Product to its own end users or third parties.
Licensee shall not transfer any of its rights under this Agreement without the
express written consent of CI.
Licensee shall ensure all processing performed by the Software Product is
initiated by a local human user only. The Software Product may not be used as
part of a Web application or other server software.
4. SUPPORT AND MAINTENANCE
E-mail support: CI will attempt to respond to technical questions made by the
Licensee by email within a reasonable period of time.
Upgrades: CI will attempt to distribute upgrades to the Software Product on a
regular basis. Installation and use of such upgrades will be governed by the
terms of this Agreement.
5. THIRD PARTY RIGHTS
Any software provided along with the Software Product that is supplied under the
terms of a separate license agreement is subject to the terms of that license
agreement. This license does not apply to those portions of the Software
Product. Copies of those third party licenses are included in all copies of the
The Licensee grants CI the right to store contact details and other related
information in order for CI to contact the Licensee occasionally regarding the
Software Product. CI will not use contact details and other related information
for any other purpose.
7. TERM AND TERMINATION
The Agreement and the licensing rights provided to the Licensee shall continue
until terminated. Without prejudice to any other rights, CI may terminate the
Agreement if the Licensee fails to comply with the terms and conditions of this
8. NO WARRANTY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CI DISCLAIMS ANY WARRANTY FOR
THE SOFTWARE. THE SOFTWARE, THE SERVICES AND ANY RELATED DOCUMENTATION
IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CI BE LIABLE
FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PERSONAL
INJURY, LOSS OF PRIVACY OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
10. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with New Zealand
law and shall be subject to the non-exclusive jurisdiction of the New Zealand