LicenseΒΆ

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.

1. LICENSE

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. 

2. DEFINITIONS

"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 
agreement.

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 
Software Product. 

6. PRIVACY

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 
Agreement.

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.

9. EXCLUSION

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 
Courts.