Networkable PDF Publications Terms and Conditions
Standards New Zealand's Networkable PDF Publications Terms and Conditions
Networkable PDF Terms and conditions / legal notice
You are about to enter into a Standards New Zealand Network Licensing Agreement with Standards New Zealand over electronic access to a standard or standards belonging to Standards New Zealand, and which are subject to strict conditions of use. Please read the terms and conditions below carefully, as by confirming the placement of your application you have deemed to have read and agreed to be bound by these terms and conditions.
1. DEFINITIONS AND INTERPRETATION
In these terms and conditions:
- 1 Application means an application for a Standards New Zealand Network Licence
- 2 Licensed User means you or a contractor or employee of yours or of a company related to you (as defined in the Companies Act 1993), where you have expressly licensed that contractor or employee to use the licensed standard
- 3 Commencement Date means the date on which Standards New Zealand commences your ability to access the licensed standard
- 4 Licensed Standard means the Standards New Zealand Documents that Standards New Zealand has agreed to provide you with access to under this Standards New Zealand Network Licensing Agreement
- 5 Standards New Zealand Document means any individual, set, or grouping of Standards, handbooks, specifications, manuals or other items published by Standards New Zealand in electronic form
- 6 Licence means a current right of access to the Licensed Standard in accordance with a Standards New Zealand Network Licensing Agreement
- 7 Licence Fee means the fee payable by you to Standards New Zealand to access the Licensed Standard
- 8 Licence Period means the period in which you use the licensed standard, may be perpetual
- 9 You and your throughout these terms and conditions means the party entering into this Standards New Zealand Network Licensing Agreement with Standards New Zealand for access to the Licensed Standard
2. RIGHT OF ACCESS
- 1 Standards New Zealand grants you and your Licensed Users a non-exclusive and non-assignable right of access to the Licensed Standard.
- 2 This right of access is limited, at any one time, to the number of Licensed Users specified by you in your Application.
- 3 The right of access to the Licensed Standard is granted from the Commencement Date.
3. CONDITIONS OF USE
- 1 You have purchased a licence to store this file on your secure server for access by Licensed Users. You may print out and retain ONE printed copy of the PDF file per Licensed User. Standards New Zealand Documents must not be downloaded on to a CD-ROM, data stick, floppy disk, or other portable device.
- 2 All stored Standards New Zealand Documents must be deleted upon expiry or termination of your license agreement.
- 3 The retention of downloaded Standards New Zealand Documents for the purposes of building up an electronic Reference Collection is expressly prohibited. At its sole discretion Standards New Zealand may require you to make a written declaration on behalf of all Licensed Users that destruction of all stored copies of Standards New Zealand Documents has occurred.
- 4 Each Licensed User may print one hard copy of the Licensed Standard for their own temporary internal use. These copies may not be used to build up a hard copy Reference Collection. All hard copies of Standards New Zealand Documents must be destroyed on expiry or termination of the license agreement. At its sole discretion Standards New Zealand may require you to make a written declaration on behalf of all Licensed Users that destruction of all hard copies of Standards New Zealand Documents has occurred.
- 5 You do not own any of the Standards New Zealand Documents, whether in electronic or hard copy form, obtained directly or indirectly through the Network Licensing Agreement. You acknowledge that copyright subsists in each of the Standards New Zealand Documents and that full title to that copyright is at all times retained by Standards New Zealand.
- 6 Except as otherwise may be expressly permitted under the Copyright Act 1994, you undertake not to modify, merge with other software or documents, or circulate including via electronic mail, even for your internal purposes, any part of any Standards New Zealand Document in any form without securing the prior written permission of Standards New Zealand and you undertake to ensure that no Licensed User will engage in such activity.
- 7 Under no circumstances may a Standards New Zealand Document, whether in electronic or hard copy form, in full or in part, be sold, or transferred to a third party.
- 8 Under no circumstances may any Standards New Zealand Document you or any Licensed User downloads be placed on any additional network of any sort without the prior written permission of Standards New Zealand.
- 9 You will not modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on the Standards New Zealand Documents, or any part of them and you undertake to ensure that no Licensed User will engage in such activity without the prior written permission of Standards New Zealand.
- 10 You acknowledge that the right of access to the Licensed Document is personal to you and to each of the Licensed Users and cannot be transferred, sold, leased, licensed, rented or loaned via a timesharing, service bureau or other arrangement, or otherwise transferred, with or without consideration, to a third party.
- 11 You undertake to keep all Licensed User identification information, including any logins and passwords, secret and secure and you further undertake to ensure that each Licensed User does the same. Without limiting the foregoing, you agree:
- 11.1 not to permit any third party to use a Licensed User's login
- 11.2 not to disclose, or provide to any third party, a Licensed User's password or any information that may allow them to gain access to the Licensed Standard using an Licensed User's identification' and
- 11.3 to, at all times, use all reasonable efforts to ensure that no improper or unauthorised use of any Licensed User's identification information is made.
- 1 All prices are exclusive of GST unless otherwise specified.
- 2 Standards New Zealand may, from time to time, alter the price it charges for any Standards New Zealand Document. If the changes relate to any Standards New Zealand Documents that you have licensed prior to the date of the price change, they will only apply to you if you purchase a separate licence in future.
- 1 You must provide at least 30 (thirty) days’ notice in writing informing Standards New Zealand that you wish to terminate your licence.
- 2 If you do not give such notice at least 30 days prior to your requested termination date, you will be deemed to be maintaining use of the Licensed Standard after your requested termination date for the full 30 day notice period.
- 3 You remain obligated to pay your full Licence Fee for the full term of the Licence Period.
- 4 You may terminate your Licence by providing Standards New Zealand with written notice of such.
- 5 At any time, Standards New Zealand may give notice of a change:
- 5.1 to the Licence Fee which will apply to any subsequently purchased licences.
- 5.2 to any of these Terms and Conditions governing access rights to the Licensed Standard which, unless otherwise specified, will be deemed to have effect 7 (seven) days from the date of the notice advising of the change.
- 6 Standards New Zealand shall be entitled to terminate your and your Licensed Users ' access rights to the Licensed Standard without notice if you or any of your Licensed Users fail to comply with any of these terms and conditions.
- 7 Upon termination of your Licence, you and each Licensed User must destroy all copies of the Standards New Zealand Documents in your or their possession, power or under your or their control, including all partial copies, whether in electronic or hard copy form, directly or indirectly provided by Standards New Zealand under the Licence. At its sole discretion Standards New Zealand may require a written declaration from you that such destruction has occurred.
- 8 If, at any time during or after your Licence, Standards New Zealand believes based on reasonable grounds that you or a Licensed User has breached any of these terms and conditions, you shall permit an independent information technology consultant to act as an auditor, within seven days of being provided notice thereof. You shall permit the auditor (or any other independent person appointed jointly by Standards New Zealand and you) at a reasonable time during normal business hours (at Standards New Zealand's expense) to inspect (and hereby permit such person to enter any building for such purpose) your and each of your Licensed Users ' computers and records for the purpose of verifying compliance with these terms and conditions subject to the execution of an appropriate confidentiality agreement. It is also agreed that, for the avoidance of doubt, the auditor can disclose to Standards New Zealand such information as is appropriate to enable Standards New Zealand to have a full understanding of any report being provided by the auditor to Standards New Zealand.
- 9 If as a result of the auditor's inspection any irregularities are found in the manner of compliance with these terms and conditions by any Licensed User, or at any other time Standards New Zealand has factual evidence giving it reason to believe that there are irregularities in the manner of compliance of any Licensed User, and without prejudice to any other rights Standards New Zealand may have, Standards New Zealand shall be entitled, at its discretion:
- 9.1 to undertake a review relating to such irregularities and to impose such further conditions relating to such irregularities as it deems reasonably necessary to ensure the proper performance under these terms and conditions; and/or
- 9.2 to undertake a full review of you and your Licensed Users ' performance under these terms and conditions and to impose such further conditions as it deems reasonably necessary to ensure the proper performance of all obligations under these terms and conditions.
- 1 Standards New Zealand is not aware of any inherent risk of viruses in any Standards New Zealand Document at the time that it is downloaded. Standards New Zealand has exercised due diligence to ensure, so far as practicable, that such Documents do not contain viruses.
- 2 To the maximum extent permitted by law, any and all liability and responsibility of Standards New Zealand to you or any other person under these terms and conditions is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Standards New Zealand's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
- 3 Without limiting clause 6.2 in any way, under no circumstances shall Standards New Zealand be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
- 4 To the full extent permitted by law Standards New Zealand excludes all implied and express terms, conditions and warranties, including warranties as to the fitness of any of the Documents for a particular purpose.
- 1 New Zealand law applies exclusively to the interpretation of these terms and conditions including interpretation of whether there has been compliance or non-compliance with any term or condition by you, a Licensed User or Standards New Zealand, all of whom submit to the exclusive jurisdiction of the New Zealand Courts.
- 2 Regardless of from where in the world the Licensed Standard is accessed, the download of any Standards New Zealand Document is deemed to be reconfirmation of your agreement to these terms and conditions.
Last updated: 26 February 2021