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NZ BSB TEST DATASET

This is a test BSB dataset released to allow users to trial a sample of NZ BSBs in chart viewing software. 

This is a test dataset, therefore:
- Under no circumstances must this dataset be used for navigation purposes;
- It does not contain official New Zealand raster charts;
- It does not meet carriage requirements.

The User Agreement below has been included as a sample only.

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Important

1	NZMariner is the official New Zealand raster chart folio. For compliance with Maritime Safety requirements refer to Maritime New Zealand Rules Part 25. The use of NZMariner does not relieve the user of their obligations under New Zealand law and international convention. If you wish to obtain a paper copy of an Official Chart for navigational purposes, contact your nearest chart retailer.

2	Data contained in NZMariner is believed to be accurate and reliable. LINZ gives no warranty that the data contained in this dataset is free from errors, omissions or other inaccuracies. NZMariner is provided ‘as is’ and without any express or implied warranties except that the Consumer Guarantees Act 1993 applies.

3	No responsibility or liability whatsoever is assumed by LINZ for the use of NZMariner, or for any infringements of patents or other rights of third parties which may result from its use. No licence is granted by implication or otherwise under any patent or patent rights by LINZ.

4	LINZ reserves the right to change the data in NZMariner at any time without notice.

5	LINZ takes no responsibility for the compatibility of NZMariner with any software.


NZMariner User Licence
This licence, when you use this dataset, will constitute an agreement between You and Her Majesty the Queen in right of New Zealand, acting by and through the Chief Executive of Land Information New Zealand (LINZ). 

1	Supply of NZ Mariner

1.1	The Licence is the whole agreement between LINZ and You with respect to NZ Mariner.

1.2	NZ Mariner is supplied by LINZ to You subject to the terms and conditions of this Licence.

2	Definitions

2.1	In this Licence:

‘Licence’ means this licence.

‘NZ Mariner’ means the New Zealand official raster chart folio made by or under the control of LINZ and stored in hydrographic chart raster format.  It includes any Updates provided by LINZ.

‘Update’ means any modified, corrected or updated version of NZ Mariner provided by LINZ.

‘You’ means the person, Department, agency, statutory authority or other entity who will use NZ Mariner, and any NZ Mariner Update file.

‘Your People’ means each and every of your employees, contractors or agents or any other person who is able through You, whether authorised or not to use NZ Mariner, and any NZ Mariner Update file.

3	Grant of Licence

3.1	LINZ grants You a non-exclusive licence to use and display NZ Mariner. The Licence gives You certain limited rights to use NZ Mariner.  You do not become the owner of, and LINZ retains title to, NZ Mariner. All rights not specifically granted in this Licence are reserved by LINZ.

3.2	You agree to use your best endeavours to protect NZ Mariner from unauthorised use, reproduction, distribution or publication.  

4	Transfer of Licence

4.1	You shall not transfer the Licence to a third party unless LINZ is notified of the details of the new User as soon as reasonably practicable. 

5	Copyright Acknowledgement

5.1	You acknowledge that NZ Mariner is a special, unique and valuable product in which the copyright and other applicable intellectual property rights are owned by LINZ.

5.2	NZ Mariner is protected under the Copyright Act 1994 and international convention. You shall not copy, reproduce, adapt change or commercially exploit, in whole or part, NZ Mariner or the format in which it is stored altered, without prior written permission of LINZ. 

6	Uses not Permitted

6.1	You shall not copy, transmit, tamper with, decompile, disassemble, reverse-engineer, or otherwise alter NZ Mariner; or remove or obscure LINZ’s copyright and trademark notices.

6.2	If the equipment used to display NZ Mariner is capable of producing hard copy, You shall not sell, hire or otherwise transfer to any third party such hard copy, or use the hard copy for navigation.  

6.3	You shall not publish, distribute or otherwise exploit NZ Mariner commercially without the prior written approval of LINZ. For LINZ contact details see the LINZ website.

7	Your Obligations

7.1	You are solely responsible for ensuring that You and Your People comply with this Licence.  

7.2	You shall indemnify and hold LINZ harmless for any costs (including settlement and legal fees), damages, losses or expenses that LINZ may incur, suffer or become liable for as a result of or in connection with:
(i)	Your breach of this Licence;
(ii)	Your or any of Your People’s intentional misuse of NZ Mariner;
(iii)	Your or any of Your People’s negligent acts, errors or omissions; or
(iv)	any claim, suit, action or proceeding brought by a third party against LINZ as a result of the matters set out in paragraphs (i)-(iii).

8	User Conditions

8.1	You acknowledge that NZ Mariner is the official New Zealand raster chart folio. For compliance with Maritime Safety requirements refer to Maritime Safety Authority Rules Part 25. The use of NZ Mariner does not relieve the user of their obligations under New Zealand law and international convention. 

8.2	LINZ reserves the right to change and amend the data format in which NZ Mariner is stored at any time.

9	Warranty

9.1	The Consumer Guarantees Act 1993 applies to this licence. 

9.2	Except as provided for in clause 9.1, LINZ makes no express or implied warranty or representation about NZ Mariner and takes no responsibility for the compatibility of NZ Mariner with any software.

9.3	Except as provided in this clause, neither LINZ nor the Crown shall be liable for any loss or damage occasioned by You or Your People in respect of the use of NZ Mariner.

10	LINZ Liability

10.1	LINZ shall not be liable for:
(i)	any damages, losses, liabilities or expenses caused by:
* any exercise of any right, remedy or discretion which LINZ is entitled to exercise.
* anything for which You accept responsibility or liability under this Licence.
* loss or corruption of Your data or records or loss or corruption to Your computing resources, software or other information technology infrastructure.
(ii)	any indirect, special, consequential, incidental, or punitive damages, losses, liabilities, costs or expenses of whatever kind and howsoever arising.
(iii)	loss of revenue, loss of business or business opportunities, profits, anticipated savings, reputation or goodwill.

11	Termination

11.1	This Licence will terminate immediately if You or Your People breach any of these Licence conditions. 

11.2	Upon termination of this Licence for any reason, You agree to return to LINZ or destroy all copies including partial copies of NZ Mariner in Your possession.  If You destroy the copies, You shall provide to LINZ a statutory declaration verifying that the copies have been destroyed.

12	Law

12.1	This Licence shall be governed by and interpreted in all respects with the laws of New Zealand and shall be subject to the jurisdiction of the Courts of New Zealand.

