The End-User Licence Agreement ("EULA") is a legal agreement between you (the "Recipient") and the National Institute of Water and Atmospheric Research Ltd ("NIWA") for any data, information, or other intellectual property you obtain from NIWA, whether directly or indirectly (the "Data"). Data is licensed by NIWA to you for use only on the terms set out below. Please read this EULA carefully. By downloading or using the Data or making or using any copy of the Data, you agree, and are deemed, to be bound by the terms of the EULA.
GRANT OF LICENCE:
1. NIWA grants to the Recipient a two (2) year non-exclusive, non-transferable licence to the Data, upon the terms of this Agreement.
TERMS OF THE LICENCE:
2. The Recipient acknowledges and agrees that:
2.1 the Data shall only be used for lawful purposes, and shall not be used for any purpose(s) that NIWA may from time to time exclude;
2.2 all proprietary rights (including all intellectual property rights) in, or associated with the Data are, and shall remain, vested solely in NIWA (or any other relevant third party who has contributed data for which NIWA acts as custodian). The licence to use the Data contained within this EULA does not give the Recipient any right to, or interest in, the Data other than the limited licence contained within this EULA;
2.3 it will ensure that any party to whom it discloses the Data is aware of the Recipient's obligations, and agrees to be bound by terms equivalent to those in this Agreement; and
2.4 it shall not use the Data to host all, or part(s), of any database via a non-NIWA website unless the Recipient receives NIWA's express written permission (through the General Manager of Environmental Information).
3. NIWA does not make, and the Recipient acknowledges that NIWA has not made, any representation or warranty (express or implied) as to:
(i) the accuracy or completeness of the Data;
(ii) the use to which Data may be put; or
(iii) the results or outcomes which may be obtained from using the Data.
The Recipient agrees and acknowledges that it is solely responsible for its own assessment and evaluation of the Data.
4. NIWA accepts no liability for any loss or damage (whether direct or indirect) incurred by any person through the use of or reliance on the Data. The Recipient agrees it shall indemnify, and hold NIWA harmless, from and against all damage, loss, claims, cost or expense (including legal fees on a solicitor client basis) in connection with, or resulting from, the Recipient's access to, or use of, the Data.
5. The relevant NIWA database or archive is to be appropriately acknowledged in publications (relating to the Data) produced by the Recipient, or any third party to whom the Recipient discloses the Data.
6. NIWA reserves the right to recover any costs for staff time associated with the extraction of Data, where the request requires the use of non-automated means of provision.
7. NIWA may terminate this EULA:
(i) at any time upon 30 days written notice; or
(ii) immediately if the Recipient breaches any of the terms of this EULA.
The Recipient shall deliver up to NIWA or destroy on oath, within seven (7) days of termination or expiration of this EULA any copies of the Data (in any form) within the Recipient's power, possession or control.
8. This Agreement inures to the benefit of, and binds, any successor in title of a party, including a third party to whom a party's rights and obligations are assigned.
9. This Agreement shall be governed by and construed in accordance with the law of New Zealand and the parties submit to the exclusive jurisdiction of the Courts of New Zealand.