Interclue User Licence Agreement, 5 June 2007

1. 1. Interpretation
   1. 1.1 In this Agreement, unless the context otherwise requires:
      1. a) Proprietary Rights means all property in the Software and rights to patents, trade marks, service marks, trade names, inventions, trade secrets, copyright, moral rights, rights in a design, look and feel, know-how, confidential information and all or any other intellectual property rights whether or not registered relating to the origin, manufacture, programming, operating and/or servicing of the Software and any related enhancements or modifications;
      2. b) Software means the Interclue browser add-on.
   2. 1.2 In this Agreement:
      1. (a) clause and other headings are for ease of reference only and will not be deemed to form any part of the context or to affect the interpretation of this Agreement;
      2. (b) the word person includes a corporation; and
      3. (c) words importing the singular include the plural and vice versa.
2. 2. Licence
   1. 2.1 Interclue Ltd grants to the End User a non-exclusive, non-transferable licence to
      1. (a) Use the Software / browser add-on.
      2. (b) Look at, but not alter or allow to be altered, the source code of the add-on.
3. 3. Intellectual Property
   1. 3.1 The End User acknowledges that the Proprietary Rights in the Software belong to Interclue Ltd and the End User will not dispute such ownership.
   2. 3.2 The End User undertakes that they will:
      1. (a) not reproduce, translate, reverse-engineer, adapt, vary or modify the Software nor communicate the same to any person except as expressly permitted by this Agreement;
      2. (b) maintain all copyright notices on the Software and manuals relating to the Software and not remove the same;
   3. 3.3 Trademarked and/or copyrighted content shown within the Interclue addon remain the property of their respective owners.
   4. 3.4 The End User's obligations under this clause 3 will survive termination of this Agreement.
4. 4. Liability
   1. 4.1 Except as expressly provided in this Agreement, all representations or warranties (statutory, express or implied), except any which may not lawfully be excluded, are expressly excluded, including without prejudice to the generality of the foregoing, the implied warranties of merchantability and fitness for a particular purpose.
   2. 4.2 The End User acknowledges that the Software is not fault-tolerant and is not designed, manufactured or intended for the use or resale in environments requiring fail-safe performance, in which the failure of the Software could lead directly to death, personal injury or physical or environmental damage (High Risk Activities) (such as the operation of aircraft navigation or communication systems, life support machines, or weapons systems). Accordingly, Interclue Ltd, disclaims any warranty (whether implied or otherwise) for High Risk Activities.
   3. 4.3 Notwithstanding anything in this Agreement to the contrary, Interclue Ltd will not be liable under the law of tort, contract or otherwise for any loss of profits or any indirect or consequential loss or damage, however caused, arising out of or in connection with the use of the Software.
5. 5. Miscellaneous
   1. 5.1. Licensor reserves the right to modify the Agreement at any time by providing such revised Agreement to End User or by publishing the revised Agreement on the website. The continued use of the add-on shall constitute acceptance by End User to be bound by the terms and conditions of such revised Agreement.
   2. 5.2. Author is allowed to at its sole discretion assign the Agreement or any rights here under to any third party, without prior notice.
   3. 5.3 No waiver of any breach of this Agreement will be deemed to be a waiver of any other or any subsequent breach. The failure of any party to enforce any provision of this Agreement will not be interpreted as a waiver of the provision.
   4. 5.4 If any provision of this Agreement is invalid or unenforceable, the remaining provisions of this Agreement will not be affected and will continue in full force.
   5. 5.5 This Agreement is subject to the laws of New Zealand and the parties submit to the exclusive jurisdiction of the New Zealand courts. In addition to any other rights and remedies available to Interclue Ltd for breach of this Agreement, Interclue Ltd will be entitled to enforcement by court injunction or restraining order.