Terranet Terms and Conditions

1 Terms of the User Agreement

1.1 This agreement is made between you (as the user) and Terralink International Limited ("Terralink International") when you click ["I ACCEPT"] at the foot of this page and it constitutes the terms and conditions in respect of your access to and use of the Terranet Web Site ("the Site"). The provisions set out below are the only terms and conditions on which Terralink International will agree to provide the Terranet Property Information Services including the Legal Document Ordering Service, the Summary Hazard Report, the Home Valuer Report and Home Valuer Summary (produced using software designed by and under licence from Valuation Consultants Limited (VCNZ Ltd) and Lenders Index Reports (the "Service"). By accessing the Site you agree to be bound by all these terms and conditions.

2.1 This agreement will continue until either you or Terralink International terminates it. Either party may terminate it at any time by sending notice of termination to the other party. On termination, you will cease to be an authorised user of the Site.

3.1 You may serve a notice on Terralink International for the purposes of this agreement by sending it by e-mail to greg.huddleston@terralink.co.nz or by post to The General Manager, Terralink International Ltd, PO Box 2872, Wellington, New Zealand. Terralink International may serve a notice on you by sending it to your e-mail address or postal address appearing on the User Registration Form. Notices will be deemed to have been served one hour after transmission by e-mail or 3 days after dispatch by post. You are responsible for notifying Terralink International of any change to your e-mail or postal address.

4.1 You are responsible for all use of the Site made using your username(s) and password(s), whether or not the use is made by you or by someone else using your username(s) and password(s). You are responsible for protecting and securing your username(s) and password(s) from unauthorised use. If you believe there has been a breach of security of your username(s) or password(s), such as theft or unauthorised use, you should notify Terralink International immediately by e-mail to info@terralink.co.nz

4.2 If Terralink International has reason to believe that any information you have supplied is not accurate, or if Terralink International considers that you have breached this agreement it may terminate this agreement without liability to you and you will cease to be an authorised user of the Site.

5.1 Terralink International may add to, remove or change the provisions of this agreement from time to time. All additions and changes will be notified to you by being posted on this page. It is your responsibility as a user to refer to these additions and changes. They will come into effect immediately on being posted and you will be deemed to have accepted them if you make access to the Site after that time. If you do not wish to accept them, you must terminate this agreement as described above. You are required to provide Terralink International with complete and accurate registration information and to update your information if it changes. If you fail to do so, you will be in breach of this agreement.

6.1 Terralink International reserves the right to change, modify, suspend or discontinue any or all parts of this Site or Service at any time. Terralink International reserves the right to restrict a user's access to parts or all of the Service without notice or liability.

6.2 Some of the materials in the Site and the Service are sourced from Land Information New Zealand ("LINZ"), PropertyIQ, PropertyInsight and Valuation Consultants New Zealand Limited ("VCNZ"). Terralink International may at any time require you to amend or delete any material (or any part of the material) that you have obtained from the Site and the Service that is sourced from LINZ, PropertyIQ or VCNZ and you must provide satisfactory evidence to Terralink International that such material has been amended or deleted as required by Terralink International.

7.1 The materials contained on this Site are protected under copyright and other laws of New Zealand and under international conventions, and similar laws abroad. Unless otherwise stated, copyright and other intellectual property rights in all material published on the Site, including, but not limited to, the textual material, artwork, photographs, computer software, audio and visual elements, is owned or controlled by Terralink International or its licensors.

7.2 You agree not to remove, cover, overlay, obscure or change any copyright notices, legends, or terms of use which Terralink International may post on the Site.

8.1 All conditions, guarantees and warranties expressed or implied by statute, common law, equity, trade customer usage or otherwise are expressly excluded to the maximum extent permitted by law.

8.2 Without limiting clause 8.1:

(a) the Site and the Service are provided "as is" and "as available", and you use the Site and the Service at your own risk. Access to the Site and the Service may be interrupted, restricted or delayed from time to time without notice. Terralink International does not warrant or guarantee that the Site and the Service will be available continuously or that the operation of the Site and the Service will be error-free. Terralink International reserves the right to change, modify, suspend or discontinue any or all parts of the Site and the Service at any time without notice;

(b) you acknowledge and agree that some of the material on the Site and the Service is sourced from third parties outside Terralink International. Terralink International makes no representations and gives no warranties of any kind whatsoever in relation to any material on the Site and the Service. In particular, Terralink International does not warrant that the material on the Site and the Service is free from errors, omissions, or other inaccuracies, or is fit for any particular purpose. You agree to release Terralink International from all liability (whether in contract, tort (including negligence), equity or on any other basis) for any errors, omissions or other inaccuracies in the material on the Site and the Service;

(c) Terralink International makes no representations and gives no warranties that the material on the Site and the Service, as delivered, (whether or not it is combined with your data) will be capable of being processed on your computer equipment and software or that your data will be compatible with the material on the Site and the Service or work effectively in combination with the material on the Site and the Service;

(d) Terralink International has no obligations to install or convert the material on the Site and the Service for use by you with your computer equipment and software (such installation and conversion being entirely at your own risk), nor does Terralink International have any obligation for training you or your personnel in the use of the material on the Site and the Service; and,

(e) Terralink International does not give any warranty that the material on the Site and the Service will be free from infection, viruses or destructive code. Terralink International shall not be liable (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 material on the Site and the Service.

8.3 You understand and acknowledge that neither the Property Finder Report, Title Report, Title Transaction Report, Survey Report, Summary Hazard Report, Property Boundary Map, Aerial Photo plus Property Boundary Report, Home Valuer Report, Home Valuer Summary or Lenders Index Reports are the Land Transfer Index, Land Transfer Journal or any Landonline document in terms of the Land Transfer Act 1952 or any legislation in substitution thereof.

8.4 You understand and acknowledge that the Home Valuer Report, Home Valuer Summary and Lenders Index Reports:

(a) were developed by VCNZ and are provided to you using software designed by and under license to Terralink International for the purposes of re-sale, and as such are subject in all respects to VCNZ's Terms and Conditions of Use which are detailed in Schedule 2 of this Agreement. In accepting these terms and conditions you are deemed to have accepted VCNZ's Terms and Conditions of Use;

(b) are not registered valuers reports nor a full current market valuation; neither are they intended to replace a registered valuers report nor a full current market valuation. If either a registered valuers report or a full current market valuation report is required you should consult a registered valuer;

(c) are the products of automated valuation technology and not any physical site visit or examination of plans or boundaries. No warranty can be given as to the condition, title, functional or economic obsolescence of a property, or any other matters; and,

(d) are based on the property being freehold and upon on an analysis of statistical property data provided by third parties.

8.5 You acknowledge and agree that the limitations and exclusions of liability contained in:

(a) clauses 8.1, 8.2, 9.1, 9.2 and 9.3 (with all references to Terralink International deemed to be replaced with references to LINZ, PropertyInsight, PropertyIQ and VCNZ) ; and

(b) clause 9.4;

apply for the benefit of and may be enforced by LINZ, PropertyInsight, PropertyIQ or VCNZ in relation to the material on the Site and the Service sourced by Terralink International from LINZ, PropertyInsight, PropertyIQ or VCNZ (as the case may be) for the purposes of the Contracts (Privity) Act 1982. For the avoidance of doubt, this clause shall not in any way limit Terralink International's right to enforce any of the provisions of this agreement in relation to the material sourced by Terralink International from LINZ, PropertyInsight, PropertyIQ or VCNZ.

8.6 Without limiting clause 8.5, you acknowledge and agree that the limitations and exclusions of liability contained in Schedule 1 apply for the benefit of and may be enforced by PropertyIQ in relation to the material on the Site and the Service sourced by Terralink International from PropertyIQ for the purposes of the Contracts (Privity) Act 1982.

9.1 Terralink International shall not be liable (whether in contract, tort [including negligence], equity or on any other basis) for any loss, damage, liability, or expense sustained by you or any other person, directly or indirectly, from any use whatsoever of the material on the Site and the Service or otherwise in connection with this agreement (even if Terralink International has been advised of, or has knowledge of, the possibility of such loss, damage, liability or expense). Such loss/damage includes, without limitation, damage to property, injury to persons, loss of profits, business interruption loss, loss of data, any other loss, damage or expense that arises either as a result of the material on the Site and the Service being shown to be wholly or partially incorrect or unsuitable, or arising from non-delivery or delay in delivery of the material on the Site and the Service and loss as a result of any amendment to or deletion of the material on the Site and the Service in accordance with clause 6.2 of this agreement.

9.2 Without limiting clause 9.1, Terralink International shall not be liable (whether in contract, tort [including negligence], equity or on any other basis) for any loss, damage, liability or expense whatsoever arising from any modification, amendment or deletion (whether pursuant to clause 6.2 of this agreement or otherwise) made to the material on the Site and the Service or any compilation or derivative work created from or using the material on the Site and the Service in each case whether made by you, or by any other person.

9.3 Terralink makes no representations and gives no warranties that any person has consented to the provision of the material on the Site to you or consented to, or approved, any subsequent use or disclosure of the material on the Site by you.

9.4 In the event that any exclusion of Terralink International's, LINZ's, PropertyInsight, PropertyIQ 's or VCNZ's liability set out in the agreement is inapplicable or is held unenforceable, Terralink International's, LINZ's, PropertyInsight, PropertyIQ 's and VCNZ's total aggregate liability, under or in connection with this agreement, or arising out of any use, reproduction, modification, amendment or deletion of the material on the Site and the Service, or creation of compilations or derivative works of or from the material on the Site and the Service (by you or by ant other person), whether that liability arises in tort (including negligence), contract, equity or on any other basis, shall be limited as follows:

(a) Terralink International's total aggregate liability shall be limited to $500; and,

(b) LINZ's, PropertyInsight, PropertyIQ 's and VCNZ's total aggregate liability shall be limited to $1.00 each.

10.1 Material appearing on the Site may include advertising and other material submitted by parties other than Terralink International and the Site may provide links to other sites operated by advertisers and third parties. Those parties (and not Terralink International) are responsible for ensuring that such material and such sites comply with all relevant laws and regulations. To the full extent permissible or law, Terralink International disclaims all responsibility for any error, omission or inaccuracy in such material or its failure to comply with the relevant laws or regulations.

11.1 Terralink International is an Agency for the purposes of the Privacy Act 1993. All personal information you supply to Terralink International will be dealt with by Terralink International in accordance with that Act. Terralink International may from time to time send you information on selected products and services and invite others to do so. Should you not wish to receive this material email your request and contact details to info@terralink.co.nz . You are deemed to have given your permission to Terralink International to convey all or part of your registration information to independent auditors for the sole purpose of verifying site usage statistics. As part of the verification process, you may be contacted by these independent auditors and asked to confirm that you have registered with the Site. Accordingly, you may not register any personal details other than your own.

11.2 You have the right to access your personal profile and correct any of your personal information recorded.

11.3 You will ensure that your use of any material obtained from the Site will be in accordance with the Privacy Act 1993.

12.1 Should any viewer on the Site respond to Terralink International with information including feedback data, such as questions, comments, suggestions, or the like regarding the Site, or the content of any item, such information shall be deemed to be non-confidential and Terralink International shall have no obligation of any kind with respect to such information. In addition, Terralink International shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorise others to do the same. Further, Terralink International shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and other items incorporating such information. This paragraph is not intended to apply to any personal information about you (such as name, mailing address and email address), the use of which will be governed by clause 11.

13.1 Terralink International reserves the right at any time to charge fees for access to any material appearing on the Site. At the relevant time a notice will appear when you visit the Site and will give you the relevant details. You will have the opportunity to restrict your access to material for which no charge is made or to terminate this agreement if you do not wish to continue.

13.2 In the event of non-payment you will pay all of the actual costs of any debt collection incurred by Terralink International. Terralink International reserves the right not to extend further credit. Terralink International has the right to terminate this agreement for any non-payment of fees. Terralink International may charge default interest at its trading bank's standard short term lending rate plus 5% on all amounts not paid by the due date. Default interest is charged on a daily rate from the due date to the date payment is actually made. Interest shall be compounded on a monthly basis.

13.3 Corporate users will be invoiced at the end of each month, for all transactions incurred in the preceding month. Invoices will be payable within 10 days of the invoice date. Corporate Users will incur a minimum charge of $25 excl GST per calendar month, unless usage for that month is nil.

13.4 For Casual Users, each time you register, you will receive an account which remains open for a minimum of 10 days depending on your usage, after which time you will need to re-activate or you may cancel your account. When you register, or re-activate your account you will be asked to provide your credit card details. At this point, your credit card will be automatically 'authorised' for a sum of $100, to confirm to Terralink International that funds are available for purchases from Terranet. This authorisation process will cause your credit card's available funds limit to be reduced by $100 for up to 5 days, however no actual monetary charge will be processed to your credit card, except for actual purchases you make through Terranet. In the event that your purchases total more than $100 your credit card will be re-authorised for an additional $100 at that time.

13.5 All prices are exclusive of GST unless expressly stated otherwise.

14.1 Terralink reserves the right (and you consent) to instruct a credit reporting service to carry out a credit check on you to establish creditworthiness. You agree to co-operate to the fullest extent possible with any reasonable request made in relation to a credit check under this clause. You acknowledge that information sourced from you regarding credit checks, including but not limited to a default in your payment obligations, may be held by Terralink's credit reporting service and such information may be provided to the credit reporting service's other customers. In the collection and storage of such information both Terralink and its credit reporting service are bound by the Privacy Act 1993 and the Information Privacy Principles that are set out within that Act.

15.1 The name and logo of Terralink International and Terranet are registered trade marks. You are not permitted to use or reproduce or allow anyone to use or reproduce these trade marks for any reason without our express written permission. The software which operates the Site is proprietary software and you are not permitted to use it except as expressly allowed under the terms of this agreement. Any other use or purported licensing, modification, enhancement or interference is strictly prohibited.

16.1 This agreement is deemed to have been made in New Zealand and is governed by New Zealand Law. Any dispute relating to this agreement shall be referred to the New Zealand courts and the New Zealand courts shall have jurisdiction to hear and determine such dispute.

1.1 PropertyIQ has agreed to make available to Terralink International, data relating to property and consumer information in New Zealand ("PropertyIQ Data"). Terralink International has agreed to make certain material available to you on the Site. The PropertyIQ Data comprises, or may comprise, part of this material. The PropertyIQ Data is made available to you upon terms and conditions, which include those as set out in this Schedule.

2.1 PropertyIQ Data supplied to you is subject to copyright. It is supplied solely for the purposes of your own use.

2.2 You are expressly forbidden to use the PropertyIQ Data to:

(a) create any mailing or address databases of persons or properties;

(b) generate statistics of any type for general release to the public; or

(c) to sell the PropertyIQ Data to others;

(d) add to an existing or new database for whatever purpose;

(e) further disseminate the PropertyIQ Data supplied; or,

(f) publish it by written, broadcasting, videotext, electronically on computer encoded mediums or by other means without the written consent of PropertyIQ.

2.3 The PropertyIQ Data and all copies and compilations of the PropertyIQ Data must acknowledge the source of the PropertyIQ Data and any rights notice on the original PropertyIQ Data must be reproduced on all copies and compilations.

3.1 The Privacy Act 1993 limits the use of personal information from public registries. You are responsible for ensuring PropertyIQ Data is used within the requirements of the Act.

4.1 The PropertyIQ Data supplied:

(a) is made available on an "as is" basis;

(b) is not a certified copy of any district valuation roll entry;

(c) is not provided for lending purposes;

(d) is not a valuer's report for the purposes of the New Zealand Trustee Act 1956; and,

(e) is not provided exclusively to Terralink International or to you.

5 Exclusion of Liability

5.1 PropertyIQ:

(a) makes no representations as to the completeness, correctness, currency or fitness for any purpose of the PropertyIQ Data supplied;

(b) will not be responsible for any damage to or loss suffered by you arising from the service provided whether arising from negligence or otherwise beyond:

(i) resupplying the service; or

(ii) refunding the cost of supplying the particular service in issue or the PropertyIQ Data.

6.1 You assume the sole responsibility for all use of the PropertyIQ Data supplied and agree to indemnify PropertyIQ from any liability or claim of any person arising from the PropertyIQ Data supplied. In addition, you agree to indemnify PropertyIQ against the consequences of any failure to carry out effectively your responsibility as provided in these terms and conditions.

7.1 The terms on which the PropertyIQ Data is provided may be changed by PropertyIQ giving thirty days notice in writing to Terralink International of:

(a) changes to terms and conditions;

(b) changes in PropertyIQ Data available.

7.2 No provision shall be waived and no change will be binding unless in writing signed by PropertyIQ.

8.1 You may not assign this agreement.

9.1 PropertyIQ may require Terralink International to terminate or suspend the supply of PropertyIQ Data to you at any time by notice to you. All copyright, data privacy and use of PropertyIQ Data obligations remain in effect after termination for all PropertyIQ Data, copies and compilations retained by you.

SCHEDULE 2 VALUATION CONSULTANTS NEW ZEALAND LIMITED TERMS AND CONDITIONS Valuation Consultants New Zealand Limited (VCNZ) Terms and Conditions

1.1 VCNZ may add to, remove or change the provisions of this agreement from time to time. All additions and changes will be notified to you by being posted on this page. It is your responsibility as a user to refer to these additions and changes. They will come into effect immediately on being posted and you will be deemed to have accepted them if you make access to the Site after that time. If you do not wish to accept them, you must terminate this agreement as described above. You are required to provide Terralink International with complete and accurate registration information and to update your information if it changes. If you fail to do so, you will be in breach of this agreement.

2.1 VCNZ and Terralink International reserve the right to change, modify, suspend or discontinue any or all parts of this Site or Service at any time. VCNZ and Terralink International reserve the right to restrict a user's access to parts or all of the Service without notice or liability.

2.2 Some of the materials in the Site and the Service are sourced from Land Information New Zealand ("LINZ"), Quotable Value New Zealand Limited ("Quotable Value") and Valuation Consultants New Zealand Limited ("Valuation Consultants"). Terralink International may at any time require you to amend or delete any material (or any part of the material) that you have obtained from the Site and the Service that is sourced from LINZ or Quotable Value and you must provide satisfactory evidence to Terralink International that such material has been amended or deleted as required by Terralink International.

3.1 The materials contained on this Site are protected under copyright and other laws of New Zealand and under international conventions, and similar laws abroad. Unless otherwise stated, copyright and other intellectual property rights in all material published on the Site, including, but not limited to, the textual material, artwork, photographs, computer software, audio and visual elements, is owned or controlled by VCNZ or its licensors, including Real Estate Market Intelligence Limited (REMI), the owner of the automated valuation model software.

3.2 You agree not to remove, cover, overlay, obscure or change any copyright notices, legends, or terms of use which VCNZ or REMI may post on the Site.

4.1 All conditions, guarantees and warranties expressed or implied by statute, common law, equity, trade customer usage or otherwise are expressly excluded to the maximum extent permitted by law.

4.2 This is an automated appraisal based on analysis of comparable property data collated from a range of sources and which compares the physical characteristics of a subject property to sales of similar properties within a geographic proximity and within a certain timeframe only. It is not intended to constitute nor should it be considered a valuation.

4.3 All reasonable endeavors will be used to ensure the accuracy of the information used, however the accuracy of data extracted and relied upon and the indicative value range returned is not guaranteed either by VCNZ or REMI. It is expressly noted that there may have been changes to a property over time that have not been notified to the consenting authority, or that there may be errors or omissions contained within the data utilized.

4.4 As this automated appraisal relies on third party information, there are four possible areas from which inaccuracies may result:

a. the property record sourced from a third party may be incorrect. For example the floor area could be incorrectly detailed due to a typographical error or a change to the property itself which has not been recorded and/or the record not amended. Such errors can have a disproportionate effect on the value derived;

b. relevant sales which otherwise would have been used may be missed either due to limitations in the search criteria contained within the software or recent sale data having not yet been updated;

c. objective adjustments due to super adequacy or deductions for deferred maintenance are not included as the property is not physically inspected; and,

d. subjective adjustments are not included as the property is not physically inspected.

4.5 VCNZ will not personally inspect any subject property nor will they research or investigate issues that may affect the property value such as title, planning, resource consent, building consents, Local Authority requisitions or memorials, contamination, hazardous or noxious substances or physical condition of the property. Should any such matters having a valuation significance exist, then the appraisal figure is invalidated.

4.6 It is assumed that there are no outstanding matters that will affect the market value of the property such as Local Authority requisitions; and under no circumstances should this report be relied upon for flood insurance determination or matters relating to 'leaky buildings' No warranties are made whatsoever as to the physical condition of the property and that of any of the properties referred to within the analysis.

4.7 The Certificate of Title will not be searched or reviewed for this appraisal nor will boundaries be surveyed or the survey pegs located. The legal tenure of the property is assumed to be fee simple and it is expressly noted that other forms of title may affect the appraised value of the property. VCNZ makes no warranties that the title is free from defects and assumes that any buildings on the property are built within the legal boundaries of the property.

4.8 This appraisal is made exclusively for the addressee only and the range provided should only be used as an indicative range for marketing purposes or high equity lending.

4.9 This appraisal does not purport nor is it intended to be a registered valuers report and as such does not comply with the New Zealand Institute of Valuers practice standards. If a professional valuation is required VCNZ at all times recommend that you contact a registered valuer.

4.10 VCNZ accept no liability or responsibility for any loss or damage suffered by any person which may directly or indirectly result from any person acting or refraining from acting on any information contained herein.

4.11 Without limiting clause 4.1:

(a) the Site and the Service are provided "as is" and "as available", and you use the Service at your own risk. Access to the Service may be interrupted, restricted or delayed from time to time without notice. VCNZ does not warrant or guarantee that the Service will be available continuously or that the operation of the Service will be error-free. VCNZ reserves the right to change, modify, suspend or discontinue any or all parts the Service at any time without notice; and,

(b) you acknowledge and agree that some of the material used for the Service is sourced from third parties outside VCNZ. VCNZ makes no representations and gives no warranties of any kind whatsoever in relation to any material used for the Service. In particular, VCNZ does not warrant that the material used for the Service is free from errors, omissions, or other inaccuracies, or is fit for any particular purpose. You agree to release VCNZ and REMI from all liability (whether in contract, tort (including negligence), equity or on any other basis) for any errors, omissions or other inaccuracies in the material on the Site and used for the Service.

5.1 Neither VCNZ nor REMI shall be liable (whether in contract, tort (including negligence), equity or on any other basis) for any loss, damage, liability, or expense sustained by you or any other person, directly or indirectly, from any use whatsoever of the material on the Site and the Service or otherwise in connection with this agreement (even if VCNZ has been advised of, or has knowledge of, the possibility of such loss, damage, liability or expense). Such loss/damage includes, without limitation, damage to property, injury to persons, loss of profits, business interruption loss, loss of data, any other loss, damage or expense that arises either as a result of the material on the Site and the Service being shown to be wholly or partially incorrect or unsuitable, or arising from non-delivery or delay in delivery of the material on the Site and the Service and loss as a result of any amendment to or deletion of the material on the Site and the Service.

5.2 Without limiting clause 5.1, neither VCNZ nor REMI shall be liable (whether in contract, tort (including negligence), equity or on any other basis) for any loss, damage, liability or expense whatsoever arising from any modification, amendment or deletion) made to the material on the Site and the Service or any compilation or derivative work created from or using the material on the Site and the Service in each case whether made by you, or by any other person.

5.3 Neither VCNZ nor REMI make any representations or give any warranties that any person has consented to the provision of the material on the Site to you or consented to, or approved, any subsequent use or disclosure of the material on the Site by you.

5.4 In the event that any exclusion of VCNZ's, Terralink International's, LINZ's, Quotable Value's or REMI's liability set out in the agreement is inapplicable or is held unenforceable, VCNZ's, Terralink International's, LINZ's, Quotable Value's and REMI's total aggregate liability, under or in connection with this agreement, or arising out of any use, reproduction, modification, amendment or deletion of the material on the Site and the Service, or creation of compilations or derivative works of or from the material on the Site and the Service (by you or by ant other person), whether that liability arises in tort (including negligence), contract, equity or on any other basis, shall be limited as follows:

a. VCNZ's total aggregate liability shall be limited to $500.00; and,

b. Terralink International's, LINZ's, Quotable Value's and REMI's total aggregate liability shall be limited to $1.00 each.

6.1 The name and logo of VCNZ and REMI are trade marks. You are not permitted to use or reproduce or allow anyone to use or reproduce these trade marks for any reason without our express written permission. The software which operates the Site is proprietary software the property of REMI and you are not permitted to use it except as expressly allowed under the terms of this agreement. Any other use or purported licensing, modification, enhancement or interference is strictly prohibited.

7.1 This agreement is deemed to have been made in New Zealand and is governed by New Zealand Law. Any dispute relating to this agreement shall be referred to the New Zealand courts and the New Zealand courts shall have jurisdiction to hear and determine such dispute.