Data License Agreement

The QuickMap data is sourced from Land Information New Zealand’s (“LINZ”) Core Record System (Landonline) and Topographical database. Please read these disclaimers, notices and cautionary notes carefully. They contain important provisions relating to your use of the Topographic and Cadastral dataset “The Data”, and the liability of Custom Software Ltd “Custom Software” and LINZ to you (in each case), to the extent that the data is derived or procured from Custom Software and LINZ or LINZ copyright. In using the data, you are deemed to be bound by the disclaimers and notices, and to be aware of the cautionary notes.

Note: References in these disclaimers, notices and cautionary notes to “LINZ” are references to Her Majesty The Queen in right of New Zealand acting by and through Land Information New Zealand.

Data may be stored or installed on a storage device such as a network server, used only to install or access the Software or Data on your other computers over an internal network; however, you must have acquired a license for each separate computer on which the Data and Software is installed or accessed from the storage device.

You have the right to use, modify, copy, create derivative works from, on-supply and otherwise deal with the data, subject always to the terms of this Agreement, where that data was exported from QuickMap using the Export utility (Under “File” menu “Export”)

You have the right to print maps from QuickMap, subject always to the terms of this Agreement, provided that the QuickMap logo remains a visible part of the printed copy.

You will not make copies of the data for the purpose of updating existing versions of QuickMap software or data, unless you have acquired a QuickMap Maintenance license for each separate computer on which the Software or Data is installed or accessed from the storage device.

You agree to indemnify Custom Software and LINZ, and hold Custom Software and LINZ harmless against all losses, demands, costs and liabilities suffered and incurred by Custom Software and LINZ resulting from any claim by any third party which claim arises from or in connection with any copying of, modification to, creation of compilations or derivative works from/using, and/or on-supply of the data by you or by any third party receiving the data from you.

Without limiting any other disclaimers, notices, and cautionary notes set out in this work:

While all reasonable efforts have been made by LINZ and Custom Software to ensure that the data is as accurate as practicable within the bounds of those specifications and tolerances published on the LINZ web site, Custom Software and LINZ makes no representations and gives no warranties that the Data is free from errors, omissions or other inaccuracies. You agree to release Custom Software and LINZ from all liability, including any consequential losses (whether in contract, tort (including negligence), equity or any other basis) for any errors, omissions or other inaccuracies in the Data.

4.1	Custom Software does not have any obligation for training you or your personnel in the use of the Data. Further, you acknowledge that the only technical documentation Custom Software is obligated to supply to you is that contained with the software.

4.2

Custom Software gives no warranty that the Data will be free from infection, viruses or destructive code. Custom Software and LINZ shall not be liable, including any consequential losses (whether in contract, tort (including negligence), equity or any other basis) for any damage to, or viruses that may infect, your computer equipment or software due to your use, installation or conversion of the Data; No liability, including any consequential losses for loss or damage arising from use.

4.3

Custom Software and LINZ shall not be liable (whether in contract, tort (including negligence), equity or on any other basis) for any loss or damage, sustained by you or any other person, directly or indirectly from any use whatsoever of the Data (even if LINZ or Custom Software has been advised of the possibility of such loss or damage). Such loss/damage includes, without limitation, damage to property, injury to persons, loss of profits, business interruption loss and loss of data. In particular, but without limiting the foregoing provision, Custom Software and LINZ will not be liable (whether in contract, tort (including negligence), equity or on any other basis) for any loss or damage whatsoever arising from any modification or amendment made to the Data or any compilation or derivative work created from or using the Data, in each case whether made by you or by any other person.

In the event that any exclusion of Custom Software and LINZs liability set out in these disclaimers, notices, and cautionary notes is held inapplicable or unenforceable, Custom Software and LINZs liability, including any consequential losses under or in connection with, or arising out of any use, reproduction, modification, or creation of compilations or derivative works of or from the Data (by you or by any other person), whether that liability arises in tort (including negligence), contract, equity or on any other basis, shall be limited to the GST exclusive fees (if any) paid by you directly to Custom Software for the Data which gave rise to the said loss or damage.

Custom Software may require you to delete the data (or any part of the data), including any data supplied by you to a third party (whether or not supplied by you in a modified form or compilation), at any time and provide evidence satisfactory to Custom Software that the data has been so amended or deleted.

6.2	If with regard to Data supplied by you to a third party, the third party does not comply with a request made by Custom Software pursuant to clause 5 within 10 business days of such a request (whether or not that request is made to you and/or the third party),

(a) demand the immediate return of all Software and Data from you (including all copies of the Data and Data supplied by you to third parties);

7.1

ensure that such supply is on terms replicating clause 5 so that any Data supplied by you to a third party (whether or not supplied by you in a modified form or compilation) will be amended or deleted at the request of Custom Software and that evidence will be supplied to Custom Software by you and/or the third party (at Custom Software’s election) that the Data has been so amended or deleted;

7.2	use your best endeavours to ensure such supply is on terms that exclude and/or limit (as the case may be) Custom Software’s liability to the extent set out in this Agreement;

7.4	ensure that such supply is on terms under which you and the third party agree that, for the purposes of the Contracts (Privacy) Act 1982, the terms replicating clause 5 and this clause 7 have been included for the benefit of Custom Software.

8.1	include, for Custom Software’s benefit, in any compilations, derivative works, modified versions, copies or reproductions that you make of or from the Data, all disclaimers contained on or within the packaged media containing the Data and/or contained in any of the Data itself; and

8.2

use your best endeavours to ensure that all third parties to whom you directly or indirectly supply such compilations, derivative works, modified versions, copies or reproductions also include, for Custom Software’s benefit, those disclaimers in any further compilations, derivative works, modified versions, copies or reproductions they make of or from the Data. Where derived products are in the form of published work, and it is not possible to reproduce the disclaimers within the publication, the following acknowledgment note shall be shown: “Sourced from Land Information New Zealand data. Crown Copyright Reserved”