Unless otherwise agreed in writing the following licence is an agreement between NZ Aerial Mapping Limited (NZAM) and the Customer for any data sold or supplied by NZAM to the Customer.
NZAM is the owner of the copyright in certain original works (the Data) and NZAM has agreed to license the Customer to use the Data on the following terms which the client hereby acknowledges and accepts:
1. The Customer will pay the fee agreed between the parties on the date payment falls due.
2. The Customer will in return receive a non-exclusive licence to use, copy, transmit and distribute the Data for Internal Business Purposes on any GIS or image server platform. Internal Business Purposes means use only on the customer’s own local or wide area network but does not include use on the public Internet or any other network accessible by any person who is not an employee, contractor or business client of the Customer. NZAM must approve any use that is not clearly for Internal Business Purposes.
3. The Customer may make one digital copy of the Data for use as a backup only in the event the original Data is lost, stolen or damaged.
4. The Customer may use, display and adapt the Data and merge it with other material only for the Customer’s own internal use and any material merged with the Data will be subject to this agreement.
5. The Customer may not resell, redistribute, rent, lease or in any way transfer the whole or any part of the Data or any work derived from the Data to any third party and this includes updates, documentation and related material.
6. The Customer must ensure that the Data is always accompanied by a copyright notice in the following form: Copyright NZAM (Year Supplied) and must also ensure that the copyright notice is never deleted or obscured.
7. If the Data was produced using materials that NZAM has permission to use but not copyright in, the Customer must ensure that the Data is always accompanied by an additional copyright notice that acknowledges copyright holder. NZAM will inform the Customer of any such additional requirements when supplying Data. An example of such a requirement is when Crown Aerial Photography materials have been used, and the additional copyright notice would read: Sourced from Aerial Photography: Crown Copyright Reserved
8. NZAM will use its best endeavours to ensure that the Data in the format in which it is delivered to the Customer is error-free and accurate but accepts no liability for any loss arising from use of the Data by the Customer, the Customer’s employees, assignees or clients. The Customer acknowledges and accepts that disclaimer.
9. The Customer acknowledges and accepts NZAM’s ownership of copyright in the Data and agrees to respect NZAM’s rights.
10. This licence runs from the date on which the Customer receives the Data. NZAM may terminate the licence in the event the Customer fails to comply with any term of this Agreement. As soon as reasonably practicable following termination, the Customer must at its own cost return to NZAM all copies of the Data within its possession or control, remove any of the Data held in digital format on local or wide area networks and erase all backup copies of the Data.
11. This agreement represents the entire agreement between the parties, supersedes any earlier agreements relating to use of Data and may be varied only by written agreement signed by the parties. The parties will attempt to resolve any dispute regarding this agreement by good faith negotiation and, failing that, by binding arbitration by an arbitrator appointed by the Chief Executive of the Arbitrators and Mediators Institute of New Zealand.