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TERMS & CONDITIONS OF USE

END USER LICENCE AGREEMENT
ATTENTION: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE INSUREZE™ SYSTEM (THE “SITE”). THE INDIVIDUAL OR ENTITY USING THIS SYSTEM (THE "END-USER") AGREES TO BE BOUND BY THE TERMS OF THIS LICENCE.

This Site, together with any applications, databases, information and any accompanying documentation are provided to the End-User by Spiderweb Systems Limited, a New Zealand Limited Liability Company ("Licensor") for use only under the following terms. Licensor reserves any right not expressly granted to the End-User. The End-User assumes sole responsibility for the use and results obtained from use of the Site.

1. Licence.
End-User is granted a non-exclusive, non-transferable licence to use the Site for normal business purposes using their designated login and password supplied by Licensor.

2. Passwords.
The End-User is responsible for maintaining the confidentiality of their login and password and agrees not to disclose their login and/or password to any other person. The End-User is responsible for all transactions that occur under their login and password.

3. Internet Connections.
The End-User is responsible for all charges associated with their Internet connection including but not limited to Internet Service Provider charges, line rental charges, telephone and computer maintenance costs, and any other charges payable in order to access the Site.

4. Termination.
This licence is effective until terminated. This licence will terminate immediately without notice from Licensor if the End-User fails to comply with any of its provisions. Licensor may at any time deny access to the Site or terminate logins and passwords, with or without cause, and without liability.

5. Intellectual Property Rights.
The Site and Insureze™ system are trademarks of the Licensor. All other products referred to in the Site are trademarks of their respective owners. The Licensor retains all rights, including copyright, in the content of the Site (the “Information”). All intellectual property rights, including but not limited to trade marks, copyright, confidential information and patents, together with the underlying software source code on the Site, and in the content published on the Site, unless otherwise indicated, are owned by the Licensor. The End-User has no right in any intellectual property rights in relation to the Site and the content published on the Site.

6. Limited Warranty.
Licensor warrants that, for seven (7) days from the date of initial use by the original End User, the Site shall operate substantially in accordance with the published functional specifications current at the time of use. If, during the warranty period, a defect appears, End User shall notify the Licensor and Licensor's only obligation shall be to fix the defective part of the Site. The End-User agrees that the foregoing constitutes the End-User's sole and exclusive remedy for breach by Licensor under any warranties made under this Agreement. Licensor is not responsible for problems associated with or caused by incompatible operating systems or equipment, or for problems in the interaction of the Site with software not authorised by Licensor.

No oral or written information or advice given by Licensor or its dealers, distributors, employees or agents shall in any way extend, modify or add to the foregoing warranty.

THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE END-USER ASSUMES ALL RISK AS TO THE SUITABILITY, QUALITY, AND PERFORMANCE OF THE SITE. IN NO EVENT WILL LICENSOR, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES, BE LIABLE TO THE END-USER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR ACCOMPANYING WRITTEN MATERIALS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LICENSOR'S LIABILITY TO THE END-USER (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLY PAID TO LICENSOR FOR THE LICENCE TO USE THE SITE.

7. Enhancements.
From time to time Licensor may, in its sole discretion, advise the End-User of updates, upgrades, enhancements or improvements to the Site and/or new releases of the Site (collectively, "Enhancements"), and may licence the End-User to use such Enhancements upon payment of prices as may be established by Licensor from time to time. All such Enhancements to the Software provided to the End-User shall also be governed by the terms of this licence.

8. Privacy Statement.
Licensor’s privacy policy is governed by New Zealand's Privacy Act 1993.
End-User can access Licensor’s website home page and browse Licensor’s site without having to disclose personal data. Licensor does not collect or use personal data for any purpose other than: 
- administration of Licensor’s site 
- providing End-User with update information to our website 
- End-User contact information for sending orders received online 
- End-User administration, profiling and preferences 
- further development of Licensor’s website to meet End-Users’ needs 
Licensor does not disclose personal data to other organisations.

9. General.
This licence will be governed by and construed in accordance with the laws of New Zealand, and shall inure to the benefit of Licensor and End-User and their successors, assigns and legal representatives. If any provision of this licence is held by a court of competent jurisdiction to be invalid or unenforceable to any extent under applicable law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this licence will remain in full force and effect. Any notices or other communications to be sent to Licensor must be mailed, postage prepaid, to the following address:

Spiderweb Systems Limited, PO Box 51-784, Pakuranga, Auckland, New Zealand.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior proposals, agreements, representations, statements and undertakings are hereby expressly cancelled and superseded. This Agreement may not be changed or amended except by a written instrument executed by a duly authorised officer of Licensor.

10. Acknowledgment.
BY USING THIS SITE, THE END-USER ACKNOWLEDGES THAT IT HAS READ THIS LICENCE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. Should you have any questions concerning this licence, contact Licensor at the address set forth above.

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