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Licencing Agreement

Please read this Licence Agreement before you use the Product.

Rodger Barrington Haworth (trading as The Miramar Ship Index) (“MSI”) licenses the Miradata CD-ROM (“Product”) to you subject to the following terms and conditions. If you do not agree or cannot comply with these terms and conditions you must return the package containing the Product to MSI’s address within ten working days and the payment you have made for it will be refunded.

MSI address: The Miramar Ship Index, 49 Strathavon Road, Miramar, Wellington 6022, New Zealand.

  1. MSI hereby grants to you a non-transferable, non-exclusive licence to use the Product subject to the terms and conditions of this Agreement. The licence granted is on a single user basis.
  2. You may use the Product only for processing your own data and for your own purposes. You are not permitted to copy, modify, or transfer the product, including, but not limited to creating derivative works of the Product.
  3. All copyright, trademarks and other intellectual property rights in the Product shall remain the property of MSI.
  4. MSI warrants that the CD-ROM disk on which the Product is distributed shall be free from defects in materials and workmanship for a period of 90 days from the date of delivery. If the media on which the Product is stored is found to be defective within this warranty period your sole remedy is for MSI to replace the Product.
  5. To the extent allowable by law in no event will MSI be liable for direct, indirect, special, incidental, punitive, exemplary or consequential damages arising out of the use of or inability to use the Product or any related documentation, or any material contained therein, even if advised of the possibility of such damages. Specifically, MSI is not responsible for any costs including, but not limited to, those incurred as a result of lost profits or revenue, loss of use of the computer program, loss of data, the costs of recovering such programs or data, the cost of any substitute program, claims by third parties, or for other similar costs. To the extent allowable by law, in no event shall MSI’s liability under this Agreement exceed the amount of the licence fee or fees actually received by MSI under this Agreement.
  6. This Agreement shall continue in force unless and until terminated immediately in the event of a party committing any breach of this Agreement and not remedying the same within 14 days notice in writing from the other party specifying such breach.
  7. This licence shall be governed and construed in accordance with New Zealand law. The parties hereby submit to the non-exclusive jurisdiction of the New Zealand courts.

© Rodger Barrington Haworth trading as The Miramar Ship Index. All rights reserved. Except as permitted under current legislation no part of the Product may be photocopied, published, adapted, broadcast, transmitted, recorded or reproduced in any form or by any means, without the prior permission of the copyright owner. Enquiries should be addressed to The Miramar Ship Index, 49 Strathavon Road, Miramar, Wellington 6022, New Zealand.