By completing this order and clicking the “I Accept” check box and downloading relevant Material, you are accepting that the following terms and conditions apply in respect of the Material provided. If you do not accept these terms, you are not authorised to download or use the Material.
1. DEFINITIONS AND INTERPRETATION
1.1 Definitions: In these Terms and Conditions, unless the context otherwise requires:
“Customer” means the person wishing to access the Material in accordance with these terms and conditions.
“Intellectual Property Rights” means any rights attaching to copyright, trade and business names, design, trademarks, patents, trade secrets or confidential or other proprietary information.
“Licensor” means Aeropath Limited.
“Material” means the material specified in the sale invoice.
“Out of Date Material” means any Material that has been superseded by an Update.
“Update” means an update to the Material.1.2 Interpretation: In these Terms and Conditions, unless the context otherwise requires:
(a) an obligation not to do anything includes an obligation not to suffer, permit or cause that thing to be done;
(b) the word “including” and similar words do not imply any limitation;
(c) a reference to dollars or $ is a reference to New Zealand currency; and
(d) references to a “person” includes references to an individual, company, corporation, partnership, firm, joint venture, association, trust, organisation, governmental or other regulatory body or authority or other entity in each case whether or not having separate legal personalities.
2. LICENCE OF THE MATERIAL
2.1 Use:(a) Subject to the terms of these Terms and Conditions, the Licensor grants to the Customer a non-exclusive, non-transferrable licence to use the Material.
(b) The Customer agrees that the Customer’s use, manner of use and ability to use the Material is the Customer’s responsibility. Any use or reliance upon the Material is at the Customer’s absolute discretion and risk.
(c) THE CUSTOMER ACKNOWLEDGES AND ACCEPTS THAT DIGITAL DATA (INCLUDING THE MATERIAL) IS NOT PART OF THE AERONAUTICAL INFORMATION PUBLICATION OF NEW ZEALAND (AIPNZ) AND ANY USE OF THIS MATERIAL MUST COMPLY WITH CURRENT NEW ZEALAND CIVIL AVIATION RULES AND REGULATIONS.2.2 Licence limitations: The Customer:
(a) has no right, and must not purport or attempt, to sub-license or otherwise make available all or any part of the Material to any other person unless expressly provided in these Terms and Conditions;
(b) must not copy, reproduce, modify, adapt, distort or vary the Material by any means or in any form without the Licensor’s prior written consent;
(c) may only print a copy of the Material for record keeping purposes;
(d) must not allow the Material to be stored for multiple use, or to be concurrently used, or be capable of being concurrently used, by multiple users except as expressly provided in these Terms and Conditions;
(e) must not format or merge the whole or a substantial or material part of the Material so that it ceases to be readily identifiable as that of the Licensor; and
(f) do or suffer any act in respect of the Material which it is not expressly licensed to do under these Terms and Conditions.
2.3 Ownership: All Intellectual Property Rights and other rights in and to the Material, including all modifications, adaptations and developments of the Material, remain the property of the Licensor or the Licensor’s suppliers and licensors (as the case may be). The Customer agrees to indemnify the Licensor in respect of any loss, action, claim or demand where the Customer’s use of the Material in a manner not permitted under these Terms and Conditions leads to infringement the rights of any third party.
2.4 Expiry: The validity period for Material varies depending upon its nature. Details of specific validity periods are identified on the Material.
3. UPDATES
3.1 The Licensor generates regular Updates in accordance with its publication schedule and may generate unscheduled Updates from time to time.
3.2 As soon as an Update is available the Customer must cease using and destroy all copies of any Out of Date Material (provided that a single copy may be retained for recordkeeping purposes only).
3.3 Unless the Customer has purchased a subscription (in which case Updates will be provided automatically during the period of the subscription), it is the Customer’s responsibility to monitor for the release of Updates and download Updates when available.
4. WARRANTIES
4.1 No implied warranties: The Licensor’s warranties are limited to those expressly set out in these Terms and Conditions and any implied condition or warranty (including any warranty under the Sales of Goods Act 1908) is hereby excluded. Without limitation, the Licensor does not warrant the accuracy and completeness of the Material, that the Material is suitable for any particular use nor that the Material will meet the requirements of the Customer.
5. INDEMNITY AND LIABILITY
5.1 Customer indemnity: The Customer agrees to indemnify and hold the Licensor and its licensors, employees and agents harmless from and against any and all claims, damages, liabilities, costs and losses arising out of or in connection with these Terms and Conditions or the Customer’s use or handling of the Material.
5.2 Exclusion of consequential loss: The Licensor shall not be liable to the Customer in connection with these Terms and Conditions for any claim for any loss of profit, loss of revenue or other form of economic loss, or for any form of indirect, consequential or special loss or damage. This limitation of liability applies however liability arises, whether in contract, tort (including for negligence), breach of statutory duty or otherwise.
5.3 Exclusion of liability: The Licensor will not be liable to the Customer in any way whatsoever for any claim made by the Customer or any third party under or in connection with these Terms and Conditions, whether the claim is made in contract, tort (including negligence), or otherwise.
5.4 Limitation of liability: To the fullest extent permitted by law, if, notwithstanding this clause 5, the Licensor is held liable under or in connection with these Terms and Conditions, the Licensor’s aggregate liability shall not, in any event, exceed the Fee paid for the relevant Material.
6. TERMINATION
6.1 The Customer agrees that the Licensor may terminate the agreement reflected in these Terms and Conditions and require the Customer to cease use of the Material if the Customer breaches any of the Terms and Conditions.
6.2 The termination or expiry of these Terms and Conditions will be without prejudice to any rights and remedies of the parties to the extent these arise out of the events or circumstances subsisting before that termination or expiry took effect. In addition, clauses 2.3, 5, 6.2, 6.3 and 7.3 will survive any termination or expiry of these Terms and Conditions.
6.3 No refund of the Fee or any part thereof shall be payable by the Licensor on termination.
7. MISCELLANEOUS
7.1 Force Majeure: Neither party shall be liable to the other for any delay or non-performance of its obligations under these Terms and Conditions or, in the case of the Licensor, for any delay or disruption in the provision of the Material or Updates arising from any cause beyond the Licensor’s reasonable control including, without limitation, acts of God or public enemy, national emergencies, insurrection, riot, hostile or warlike action in peace or war, sabotage, government action, acts or omissions of third parties, or industrial disputes.7.2 Waivers: A waiver (whether express or implied) by either party of any provision of these Terms and Conditions or of any breach of or default by the other in performing any provision shall not be effective unless in writing and shall not constitute a continuing waiver and shall not prevent the waiving party from subsequently enforcing any provision of these Terms and Conditions not waived nor from acting on any subsequent breach of or default of the other party under the provisions of these Terms and Conditions.
7.3 Governing Law: These Terms and Conditions is to be governed by and construed in accordance with New Zealand law and the parties submit to the exclusive jurisdiction of the Courts of New Zealand.
7.4 Invalidity/Severability: If any one or more provision of these Terms and Conditions become invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of these Terms and Conditions shall not in any way be affected or impaired by it.