In this agreement, the following definitions apply:
Agreement means this Agreement and any amendments to it.
BRANZ means BRANZ Limited.
Commercial Use includes:
a. copying or downloading any of the eBook for further redistribution, sale or
licensing for a
b. copying, downloading or posting the eBook on a site or service that incorporates
c. the inclusion of or any incorporation of, any of the
eBook in any other works or services
that are available for sale or licensing for a fee, without BRANZ's prior written consent.
d. use of any of the eBook for promotional purposes, whether for a fee or otherwise; and
e. use of the eBook for the purposes of monetary reward by any means.
Fee means payment by you to BRANZ for the eBook as set out on our
Licence means the Licence set out in this Agreement.
eBook(s) means the electronic version of BRANZ's publication(s).
Terms and Conditions means the terms and conditions of the Licence.
Website means www.branz.co.nz and any relevant subdomains.
This Agreement grants you
access to the eBook. At no stage do you become the owner of the eBook
by paying the Fee:
a. you are entitled to access and use the eBook on the Terms and Conditions; and.
b. you accept the Terms and Conditions.
In consideration of receipt of the Fee, BRANZ grants you a non-exclusive and non-transferable Licence to
access the eBook with a password or other necessary authentication as required. How you are provided
access to the eBook shall be determined by BRANZ, but shall be in electronic form.
BRANZ holds the
copyright (or all necessary licences or rights of use) for all works published in the
eBook, as a compilation and as to the individual articles unless otherwise expressly noted.
You must not claim ownership of the eBook, or any intellectual property rights in the eBook.
BRANZ reserves the right at any time to withdraw from the eBook, any item or part of an item it no longer
retains the rights to publish, or which it has reasonable grounds to believe infringes copyright or is
defamatory, unlawful or otherwise objectionable or for any other reason entirely at BRANZ's discretion.
BRANZ reserves the right at any time to modify, add or remove content, features or functionality of the
eBook at its sole discretion.
Reproduction of any portion of the eBook is permitted for personal use only as follows:
a. your access to the site in order to search the eBook, and to view and retrieve small
b. electronically save small portions of the eBook using bookmarks, highlights and notes as
provided for by BRANZ; and
c. print out single copies of portions of the eBook.
You agree that the Licence is personal to you and you:
a. will not access or use the eBook on more than five computer systems or mobile devices concurrently;
b. will not
knowingly permit anyone else to use designated passwords so as to access the
c. will, if you become aware of unauthorised access to the eBook, notify BRANZ
immediately and co-operate in locating and attempting to stop the specific individual(s)
who are accessing the eBook without authorisation. You acknowledge that BRANZ has
the right to withhold, suspend or terminate your access to all or any portion of the eBook
without liability in such circumstances; and
d. will not remove, cover, overlay, obscure, block, or change any copyright notices,
e. will not systematically make printed
or electronic copies of multiple portions of the eBook
for any purpose or create any derivative works from the eBook;
f. will not display or distribute any part of the Licensed eBook on any
including without limitation, an intranet or the internet; or
g. will not make any Commercial Use of the eBook.
intellectual property rights in the software and the eBook are and remain the exclusive property of
BRANZ or third party suppliers, as the case may be.
When using the eBook you must comply
with the law including, without limitation, copyright laws. You
may not remove, delete, transmit or create derivative works from any of the eBook content.
All interfaces, look and feel,
navigation schemes, designs and program features and functionality of the
eBook are the property of BRANZ or a third party, as the case may be, and may not be copied or
reproduced or used in derivative works.
If you breach any of your obligations under this Agreement BRANZ may end the Licence immediately by
notice to you.
Where this Agreement comes to an end for any reason the Licence shall immediately terminate. Any
termination shall be without prejudice to the rights of either party arising prior to termination.
While BRANZ seeks to provide updated and accurate content as part of the eBook, it is supplied on a as
BRANZ does not warrant or guarantee
the accuracy, completeness, merchantability, non-infringement or
fitness for a particular purpose of the eBook or the Website. To the fullest extent permitted by law, in no
circumstances is BRANZ liable to you, or other users acting under you, for any indirect or consequential
losses or expenses, howsoever caused, including without limitation loss of anticipated profits or savings,
goodwill, reputation, business receipts or contracts, or losses or expenses resulting from third party
To the fullest extent permitted by law, in the event BRANZ has
any liability under this agreement, its
aggregate liability for any content, accessibility or problems with the Website or eBook will not exceed the
amount of Fees paid by you for the Licensed eBook during the 12 month period preceding any claim or
notice of damages.
You indemnify BRANZ and its officers, employees and agents against all claims, debts,
expenses, costs, liens, actions and proceedings of any nature whatsoever whether known or unknown by
any person, arising from or incidental to, or by virtue of, the performance or non-performance by BRANZ
under this Agreement.
No party shall be liable for failure, default or delay in performing its obligations under this Licence caused
by a force majeure event, which shall include any Act of God, war or threat of war, act or threatened act
of terrorism, strike, riot, lockout, individual action, fire, flood, drought, tempest or other event beyond the
reasonable control of either party.
BRANZ may assign or transfer any of its rights and obligations under this Agreement. You may not do so
without BRANZ's prior written consent.
In the event that any provision of this Agreement is held to be in valid, the remainder of the provisions
shall continue in full force and effect.
This Agreement constitutes
the entire agreement between BRANZ and you with respect to the eBook.
This Agreement is governed by the laws of New Zealand, and you agree to submit to the exclusive
jurisdiction of the New Zealand courts unless it is necessary for BRANZ to enforce a judgment to bring
proceedings to bring an action in an alternative jurisdiction.
No failure or forbearance by BRANZ to exercise,
or delay in exercising (in whole or in part) any right,
power or remedy under, or in connection with, this Agreement will operate as a waiver of that right, power