Download Area: Terms and Conditions
This Licence is between THE BREEN CONSTRUCTION LTD of 56 RUSSELL STREET PO BOX 97 ALEXANDRA, NEW ZEALAND and you the subscriber (“You” hereafter) and sets out the terms and conditions upon which You may access any Breen Material from the breen.co.nz site. THE BREEN CONSTRUCTION LTD owns and/or controls the copyright and all other rights in the Breen Material. By clicking on the “I Accept” button below, You agree to comply with the terms and conditions of this Licence. If you do not so agree, you must not access or use any of THE BREEN CONSTRUCTION LTD Material.
“Breen Material” means any film or video clip, sound recording, artwork and photographic or other image and/or any accompanying press or publicity material or other assets owned or controlled by THE BREEN CONSTRUCTION LTD accessible from the Breen.co.nz website;
1. LIMITED USE LICENCE
1.1 In consideration of the benefit to You of accessing the Breen Material, THE BREEN CONSTRUCTION LTD grants You a non-exclusive licence to use and reproduce the Breen Material in New Zealand subject to the following restrictions:
(a) You may reproduce the Breen Material solely for distribution via print-based media;
(b) You may not sell or supply copies of the Breen Material for money or money’s worth;
(c) You may only use the Breen Material in the context of the promotion, marketing, criticism or review of the relevant THE BREEN CONSTRUCTION LTD products;
(d) Save only for the customary extraction or quotation from any press or publicity material forming part of the Breen Material You may not alter, edit, adapt or otherwise tamper with the Breen Material, and You must not remove or alter any copyright or other notice, or associated names, logos or trademarks included in the Breen Material;
(e) You may not store any Breen Material in your own databases;
1.2 All rights not expressly granted to You hereunder are reserved to THE BREEN CONSTRUCTION LTD and You agree not to use the Breen Material in any way not authorised by and set out in this Licence. You further acknowledge and agree that THE BREEN CONSTRUCTION LTD shall own and retain all right, title and interest in each and every copy made of all Breen Material by You or on Your behalf. For the avoidance of doubt this Licence does not permit You to display or transmit the Breen Material from a website or any other electronic platform. If You wish to obtain a licence for this you must first enter into a separate written licence agreement with THE BREEN CONSTRUCTION LTD.
The Breen Material is licensed to You on an “as is” basis without warranty of any kind. Save as cannot otherwise be excluded or restricted by law THE BREEN CONSTRUCTION LTD (and its parents, affiliates, subsidiaries, licensors and assigns) shall have no liability, whether in contract, tort (including negligence) or otherwise for any damage or loss of any kind arising from your possession or use of the Breen Material (including without limitation damage or loss arising as a result of viruses in the Breen Material).
3.1 THE BREEN CONSTRUCTION LTD may terminate this Licence at any time on notice to you either directly to You by post, telefax or electronic mail or by including such notice on to the breen.co.nz website.
4.1 THE BREEN CONSTRUCTION LTD may at any time alter or modify any of the Terms of Licence by either notice to You by post, telefax or electronic mail or by including such notice on the breen.co.nz website.
4.2 This Licence contains the entire agreement between the parties in relation to its subject matter and supersedes and cancels all prior agreements and arrangements between them, whether written or oral, pertaining to the subject matter hereof.
4.3 You may not assign or sub-license this Licence to any third party.
4.4 This Licence shall be governed by and construed in accordance with the laws of New Zealand and the parties hereby consent to the exclusive jurisdiction of the New Zealand courts.
4.5 You acknowledge and agree that THE BREEN CONSTRUCTION LTD shall own and retain all right title and interest in each and every copy made of all Breen Material by you or on your behalf.
Should you require any assistance on this section, please contact our Head office on 0800 1 BREEN I 03 440 0190.