Westlaw NZ

The terms of this Addendum and the Conditions of Sale (Conditions) govern your relationship with Thomson Reuters (Professional) Australia Limited ABN 64 058 914 668 ("us") in relation to the provision of goods and services. Unless the terms of this Addendum expressly provide otherwise, the terms of the Addendum take precedence over the Conditions in relation to the provision of products and services delivered electronically.

1. Supply and Grant of Licence
1.1 Subject to the further provisions of this Addendum, we grant to you a non-exclusive, non-transferable limited licence to:
(a) access and use data made available on the online service operated by us that you have chosen to subscribe to in your Order (the service);
(b) download and temporarily store insubstantial portions of such data to a storage device under your exclusive control (your network);
(c) internally display such downloaded data; and
(d) reproduce such data subject to the further limitations set out in this Addendum.
1.2 You are licensed to access and make use of such data in Australia only, unless specified otherwise in your Order.
1.3 Where you have purchased access to data on a transactional basis, that data will be made available to you on a single subscriber basis only for a period of 24 hours. You may not distribute that data to other users or third parties unless you have obtained an express licence from us for that purpose.

2. Access Security
2.1 We will provide access to the service to the number of users specified on your Order who have been issued by you with a user name and password to access your network (authorised users).
2.2 If required, we will provide a user name and password (logon id) to authorised users who need to have access to the service other than through your network.
2.3 If you want to use an IP authentication regime, you must ensure that the IP address you use is unique to your organisation. If not, we will issue logon ids to enable your authorised users to access the service.
2.4 You must use reasonable endeavours to:
(a) ensure that only authorised users access the service through your network or a logon id;
(b) ensure that authorised users comply with the terms of this Addendum;
(c) ensure that only the number of users specified on your Order have access to the service;
(d) ensure that authorised users do not disclose their logon id or network password to a third party;
(e) promptly cancel the network password of any user who ceases to be registered with, employed by or contracted to you; and
(f) disable the ability of any user to access the service who breaches or fails to observe any provisions of this agreement where such breach is not remedied within 14 days of our notifying you and the user of such breach.
2.5 You must notify us immediately if you suspect that the security of a logon id or of your own network has been compromised or if the service is being used in an unauthorised manner.
2.6 If you are a faculty within an academic institution, you must ensure that only staff and students of your faculty are permitted to access the service and that students and staff of other faculties within the institution are expressly excluded from accessing the service, unless you have obtained a campus wide licence for that purpose.
2.7 If you are a public library, you may not grant users remote access to the service and users may only use the service for private individual use.

3. Use of the Publications
3.1 The publications appearing on the service are not a substitute for legal or other professional advice.
3.2 Information appearing in the publications available on the service may only be used by authorised users in the ordinary course of business and expressly for;
(a) the purposes of research, study, supplying educational services or the giving of professional advice; or
(b) inclusion in essays, theses, professional advices, papers, submissions, communications to and publications for students, clients and potential clients, the preparation of tenders, reports, submissions and other like documents (work product), provided:
(i) reproduction of content in work product does not represent a substantial proportion of the content of any single publication accessed via the service;
(ii) users may not undertake these activities for or on behalf of a third party unrelated to your organisation;
(iii) the work product is not made available for sale;
(iv) where you have subscribed to a news service, you may not communicate, download or reproduce any content from that service at all without first obtaining our express prior written permission; and
(v) recipients of the work product are not permitted to make further reproductions of such material.
3.3 Notwithstanding sub-clauses 1.2 and 3.2(b)(i), if the service to which you subscribe is a service that contains or comprises precedent forms or agreements, you may download a precedent in whole or in part and merge it with your work product, provided that you nevertheless comply in all other respects with the provisions of the Conditions and this Addendum.
3.4 Certain software you use may not be capable of supporting the service and the performance of the service will vary with the hardware on which it is used. You must check that your network is capable of supporting the service before completing your order.

4. Intellectual Property Rights
4.1 All intellectual property rights in the software and the publications available on the service are and remain the exclusive property of ourselves or third party suppliers as the case may be. When using the publications and the service, you must comply with the law including, without limitation, copyright laws.
4.2 Unless permitted by law or as otherwise expressly permitted in this Addendum, you must not, nor must you authorise any third person to:
(a) reproduce, copy, download, scrape, store, publish, transmit, transfer, communicate, distribute, disseminate, sell, rent, lend or otherwise use the publications or the service, or any part of the publications or service, in any form or by any means;
(b) modify or make any alterations, additions or amendments to any part of the publications downloaded from the service;
(c) make the service available to any person other than an authorised user;
(d) convert material downloaded from the service into an electronic format other than the one in which it was supplied;
(e) reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the service or reproduce all or any portion of the said components;
(f) remove, alter, circumvent or tamper with any trademarks, copyright notices, copyright protection devices, disclaimers or other legal notices;
(g) combine the whole or any part of the data available on the service with any other software, data or material; or
(h) store or use any part of such data in an archival database or other searchable database except as forming part of any work product.

5. Suspension or Modification of the Service
5.1 We may discontinue or revise any or all aspects of the service or publications appearing on the service (including, without limitation, the supply of any publication through the service) at our sole discretion and without prior notice to take account of (for example but without limitation) changes in law or circumstance relating to the publication of that service.
5.2 We may suspend access to the service, in whole or in part, until further notice, with immediate effect:
(a) to periodically maintain or improve the publications or the service and related systems;
(b) to comply with any order, instruction or request of any government, any emergency services organisation, or other competent judicial, administrative or regulatory authority;
(c) if we believe that the service or the publications may be used in such a way as may constitute a breach of any provision of the Conditions or this Addendum; or
(d) if you fail to pay all or part of any fee by the due date.
5.3 We will endeavour, where possible to provide you with reasonable notice of such suspension.
5.4 Whilst we will use our best endeavours to minimise disruption to the service, unscheduled outages may occur from time to time.

6. Consequences of Suspension and Termination
6.1 This clause 6 is to be read subject to the Non-excludable Rights referred to in clause 13.1 of the Conditions.
6.2 Upon termination or suspension of your subscription for any reason, we may immediately disable access to the service and neither you nor your authorised users will be entitled to access the service.
6.3 If we have suspended your service for failure to pay all or part of the subscription fee by the due date, we will, at our sole discretion (unless required otherwise by law), reconnect the service to you for the remainder of your subscription period, provided you pay the full amount for which you have been invoiced.
6.4 If we remove or modify any or all publications from the service (in accordance with clause 5.1 of this Addendum), your remedy is limited to a pro-rata refund of the subscription fee provided you have already paid for access to the relevant publication.

7. Hypertext Links
The service contains hypertext reference links and other pointers to internet websites operated by third parties. These linked websites are not under our control and we are not responsible for the contents of any linked website or any hypertext reference link contained in a linked website. We provide these links to you as a convenience only, and the inclusion of any link does not imply any sponsorship or endorsement of the linked website, or approval of any material on the website, by us. Subject to clause 13.1 of the Conditions, we make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on other websites to which content is linked. You link to any such website entirely at your own risk. When visiting other websites you should refer to each such website's individual terms of use and not rely on these Conditions.

8. Using our RSS Feed Functionality
8.1 If you use our RSS Feed Functionality to download data from the service for display on a site under your organisation's control, such use is subject to the terms of this Addendum and, to the extent not already covered elsewhere in this Addendum, these following conditions:
(a) you can only use that content in the ordinary course of your business;
(b) you may not charge third parties either directly or indirectly for access to that data;
(c) you must include an acknowledgment that the data is "published by and reproduced with the permission of Thomson Reuters";
(d) you must not suggest any endorsement by or association with Thomson Reuters;
(e) where possible, you must provide a link back to the publications from which the summary information originated, or display the url at which they can be accessed; and
(f) you acknowledge that we have absolute control over the data that you have chosen to include within the display via the RSS Feed and that that data may be withdrawn from publication at any time at our sole discretion.

9. Alert24 Service
� 2011 Australian Associated Press Pty Limited (AAP) or its licensors.
If you subscribe to the Alert24 service, the service includes content provided by AAP. AAP reserves all rights, including copyright, in services provided by it. The information, text and images in the service are for personal use only and may not be re-written, copied, re-sold or re-distributed, framed, linked or otherwise used whether for compensation of any kind or not, without the prior written permission of AAP.
This service is published for information only without assuming a duty of care. AAP is not in the business of providing professional advice and gives no warranty, guarantee or other representation about the accuracy of the information or images contained in this service. AAP is not liable for errors, omissions in, delays or interruptions to or cessation of the services through negligence or otherwise.
The globe symbol and "AAP" are registered trade marks.

October 2011