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TERRITORY: The Application contains information intended for use in New Zealand only. If you use the Application outside New Zealand, you do so at your own risk and, to the extent permitted by law, we will have no liability to you or any third party for such use.

LICENCE: You may: use the Application solely for personal use or for networked use in your practice; copy the Application into any machine readable form for backup purposes in support of your own internal business use of the Application. We, however, may include mechanisms to limit or inhibit copying. To the extent permitted by law, you may not (nor permit any third party to): alter, merge, modify or adapt the Application, including disassembling or decompiling (except as, and only to the extent, expressly permitted by law); loan, rent, lease or licence this Application or any copy; transfer the Application, or any copy, in whole or in part in anyway, including disassembling or decompiling, except as expressly provided for in this licence. If you do any of the prohibited acts, your licence is automatically terminated.

TERM: Your licence to use the Application in accordance with these terms and conditions lasts from the date you receive the application until we release the next updated edition and is effective until terminated. Updated editions will be sent to the registered MIMS New Zealand user at least every three (3) months. This licence is automatically transferred with the receipt by you of each such updated edition (provided you have downloaded that updated edition). You must destroy all previous editions (and all copies) when you receive an updated edition.

TERMINATION: This licence automatically terminates: if you have not downloaded an updated edition, twenty (20) days after the date we release the next updated edition; or if you destroy the Application (in which case you must also destroy all copies of the Application in any form); or if you fail to comply with any term of this Agreement. In addition, we may terminate this licence without fault by you if we provide you with three (3) months prior notice.

INTELLECTUAL PROPERTY: All intellectual property rights and other proprietary rights in or related to the Application are and will remain our exclusive property, whether or not specifically recognised or perfected under local applicable law and you must not take any action that jeopardises our proprietary rights. Subject to the licence set out above, no licence, right or interest in any of our trade marks, service marks or trade names is granted to you under this Agreement. If an action is brought against you claiming that the Application infringes the intellectual property rights of a third party, we will, at our own expense, defend or, at our option, settle the action and, subject to this clause, indemnify you against any loss, cost or expense (including reasonable legal fees and expenses on a solicitor client indemnity basis), demand or liability, whether direct or indirect, arising out of any such claim, but only if: (a) you notify us promptly of any infringement, suspected infringement or alleged infringement; (b) we have sole control over the defence of the claim and any negotiation for its settlement or compromise; (c) you make no admission of liability, do not incur any legal expenses in connection with the claim except as would be reasonable in the circumstances, or agree to any compromise or settlement without our prior written consent, and take no other action that is contrary to our interests; and (d) you provide us with all available information and assistance as we may reasonably require in respect of any proceedings. If a claim described above has been asserted, we will, at our sole option and expense: (a) procure the right for you to continue using the Application; or (b) replace or modify the Application to eliminate the infringement while providing functionally equivalent performance; or (c) accept the return of the Application and refund to you the amount of the fees actually paid to us for such Application, less a reasonable amount for your use of the Application. We will have no obligation to defend and indemnify you for any claims that the Application infringes the intellectual property rights of a third party, to the extent that the claim results from: (a) a correction or modification of the Application not provided by us; (b) use of the Application other than in accordance with the relevant documents or this Agreement; (c) you using an out-of-date edition of the Application; or (d) the combination of the Application with other products that are not owned by us (other than as contemplated by this Agreement). To the full extent permitted by law, the remedies contained in this section constitute your sole and exclusive remedies and our entire liability under this Agreement with respect to infringement of third party intellectual property rights.

LIMITATION OF LIABILITY: To the fullest extent allowed under law, and subject to any terms or conditions implied by legislation which cannot be excluded, we exclude all liability for breach of any other warranty or condition of any kind in respect to the Application, and if such exclusion is not permitted by law, our sole liability for breach of such implied warranty or condition will be limited (at our option) to the replacement or repair of the "Application". To the full extent permitted by law, in no event will we be liable for any indirect, consequential or special damages or any loss of profit or goodwill in connection with or arising out of performance of the Application and in no event will our liability to you for any claim or damage arising out of or in connection with this Agreement exceed the amount paid by you for the Application. Because databases are inherently complex and may not be completely free of errors, you are advised to make backup copies.

INDEMNITY FROM YOU: You agree to indemnify, defend and hold us harmless against any claims, liabilities, proceedings, costs, losses, expenses or damages incurred by us in connection with your use of the Application (including, without limitation, any use by you of an out-of-date edition of the Application or use of the Application outside New Zealand), breach of this Agreement or any other negligent or wrongful act by you.

GENERAL: You may not assign or transfer this Agreement. You agree to comply with all applicable laws.

This agreement is governed by the laws of New Zealand. Should you have any questions concerning this agreement, please write to us at: MIMS (NZ) Ltd, PO Box 31348 (3 Shea Terrace), Milford, Auckland 0741. Phone +64 9 488 4278, http://www.ubmmedica.co.nz.

I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT, UNDERSTAND AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. I FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.