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I agree to the conditions set out in the End User License Agreement below. PRINT End User Licence Agreement A printable version of this agreement will also be made available after saving your details. END USER LICENCE AGREEMENT ------------------------------------------ 1.0 BACKGROUND 1.1 This is an End User Licence Agreement made and effective on September 8, 2010. 1.2 This End User License Agreement constitutes a valid and binding agreement between 1001 Properties and You, as a User, for the use of the 1001 Properties website. You must enter into this Agreement by ticking the "I Agree" checkbox on this form. 1.3 1001 Properties Limited is the sole owner of all Intellectual Property encapsulated in the website in which it will license you to use for Your commercial benefit. 1.4 You want to use Intellectual Property encapsulated in the website and owned by 1001 Properties Limited in consideration of which You will provide certain rights and agreements. 1.5 In consideration of the matters described above, and of the mutual benefits and obligations set forth in this agreement, the parties agree as follows: 2.0 PARTIES 2.1 We being 1001 Properties Limited (Licensor, We, Us) of 3049 Great North Road, New Lynn, Auckland, New Zealand. and You being a Licensed Real Estate Agency 3.0 OPERATIVE CLAUSES 3.1 - We agree to publish a public access website for You to use to list Your properties for sale. 3.2 - You hereby agree and acknowledge that this End User Licence Agreement covers all Your use of the Website by You or by third parties which contains the complete terms and conditions that apply to your use of the service. Furthermore You agree to be bound by the terms of this Agreement. 3.3 - You acknowledge and agree that by clicking on the ACCEPT button you show Your acceptance of any texts contained herein and that the services are offered to you conditional upon your acceptance without modification of this Agreement. Your use of the service constitutes your acceptance of the terms of this agreement and you understand and acknowledge that You are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter data into the website, enter into agreements, and to the electronic delivery of notices, policies and records of transactions initiated or completed through the 1001 Properties Website. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable pursuant to any statute, regulation or bylaw in New Zealand. 4.0 DEFINITIONS "1001 Properties" means the business system developed by 1001 Properties Limited, its affiliates and principals for the establishment, development and operation New Zealand wide of a website for the publishing of property listings and includes without limitation, the techniques, advice and assistance in methods of marketing, customer dealings and other related matters and the use of the Marks and the Intellectual Property. "Agents" mean the people you have authorised to use the website and associated services on your behalf. "Business" means the business conducted by You using the 1001 Properties System pursuant to the rights granted to You by this Agreement. "Confidential Information", shall mean the Software, Documentation, Specifications, and terms and conditions of this Agreement. "Content" means any things that You may see, post, read, hear, download or access on or via the Site including but not limited to property listings, messages, files, data, software, images, photographs, illustrations, text and other materials. "End User Licence Agreement" means this agreement and its terms and conditions which apply to a Real Estate Agency that has registered to use the Website and associated services. "Intellectual Property Rights" means any and all intellectual and industrial property rights throughout the world including rights in respect of or in connection with this website or any subsidiary website and: any confidential information, copyright (including future copyright and rights in the nature of or analogous to copyright), moral rights, inventions (including patents), trade marks, trade secrets, service marks, designs and page layouts, films, video and multimedia, and databases, whether or not now existing and whether or not registered or registrable and includes any right to apply for the registration of such rights and all renewals and extensions. "Member Content" is Content Posted by You or Your Agents. "Password" refers to a code You select, which, in combination with the User ID, gives You access to Your User Account. "Personal Information" means information, recorded in any form, about any identifiable individual, or from which it is reasonably possible to identify the Member or User who are individuals. It does not include information recorded in a publication generally available to members of the public. "Post" refers to the process in which Content is uploaded, posted, emailed or otherwise electronically transmitted to the website. "Property" means any New Zealand residential, commercial, industrial or other property (whether vacant or occupied). "Services" means online information about the availability of residential, commercial, industrial or other property for sale or lease or any other business purpose determined by 1001 Properties from time to time. "Shareholders" means the real persons who are the owners of the Real Estate Agency licensed under this agreement. "User" includes the term "Registered User" and means a Real Estate Agency's shareholders, principals, employees and agents who accesses the website to use the content and functions which requires registration, membership and payment to 1001 Properties to access. "User Terms' means the terms and conditions of use for Users which are posted on the Website from time to time. "We" or "Us" or "Our" or "Licensor" means 1001 Properties Limited, 3049 Great North Road, New Lynn, Auckland, New Zealand. "Website" or "Site" means the 1001 Properties website and associated services. "You" or "Your" or "Licensee" means a licensed Real Estate Agency as a Registered User, as applicable, including your shareholders, principals, agents, employees and any other party authorised to act on your behalf. 5.0 TERM 5.1 - This agreement shall operate for a period of 12 months per office. 6.0 RIGHTS BEING GRANTED 6.1 - IN consideration of the performance and observance of the terms and conditions in this Agreement Your part to be observed and performed We hereby grant You the right to use: " 1001 Properties name " 1001 Properties products " 1001 Properties services " 1001 Properties website solely in connection with the registering of properties for the purposes of advertising and marketing on this website. 6.2 - This Agreement does not in anyway grant You any intellectual property rights in Our intellectual property. 6.3 - Your licence is for one non-assignable licence and is issued and restricted to a Real Estate Agency Office. 7.0 COMPLIANCE AND PERFORMANCE 7.1 User agrees to provide correct and update information regarding your contact details, trading name/s and Real Estate Agency Office managers. 7.2 This agreement may be terminated by us at any time, with or without cause, and with or without notice. In the event that you wish to terminate this agreement, you must notify us in writing and termination shall take place no less than sixty days from receipt of your notice of termination. 8.0 SCOPE OF THE LICENSE 8.1 - Nothing in this Agreement shall be construed to prevent Us from granting any other licences for the use of the Website. 8.2 - You will not anywhere during the term of the licence hereby granted, or any extension or renewal thereof, conduct on the Your own account a business similar to the Business or be concerned or interested in, whether directly or indirectly as agent, representative, trustee, servant, employee, shareholder or director to or in any other person, firm or corporation, conducting a similar business to the Business. 9.0 WARRANTIES You acknowledge and agree that: 9.1 This website is for use by the general public and the property industry, to view information on properties listed for sale, lease or other business purposes. 9.2 We reserve the right to change the contents of any listing including any property photos and/or withdraw any listing at any time without notice to a user. 9.3 You agree that you are or will be at the time of registering this agreement legally recognised as the listing agent for the property and will hold at all times a signed listing authority executed by the Vendor or Vendors and will furnish same to us as proof of such authority if called upon to do so. 9.4 While every effort will be made to ensure that the information contained within the 1001 Properties website is accurate and up to date, We make no warranty, representation or undertaking whether expressed or implied, nor do We assume any legal liability, whether direct or indirect, or responsibility for the accuracy, completeness, or usefulness of any information on this website, or on any pages or sites linked to this website. 9.5 To the fullest extent permissible by law, We disclaim all liability and You waive any claims arising out of or consequent on: (a) Any use of, reliance on, or access by You to, the Content or any other information available from, or through, the website; (b) Any advice or information, whether oral or written, obtained by you from us; (c) Any computer virus which occurs as a result of accessing the website or Content or other information available from the website; and (d) We do not represent that the Content on this website or its services will meet your requirements, or the server that makes it available, is error-free or virus-free or that your access to the website will be uninterrupted, nor do We endorse any opinions expressed by Real Estate Agencies or Real Estate Agent Members who use the website or services. 9.6 We disclaim any warranty whether express or implied of merchantability or fitness for a particular purpose. 10.0 LIMITATION OF LIABILITY 10.1 Under no circumstances, including without limitation, negligence or otherwise shall 1001 Properties or its parents, subsidiaries, affiliates, officers, directors, employees, agents, or suppliers be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the services or transactions entered into by means of or through the services, or resulting from unauthorised access to or alteration from the information you have provided, including but not limited to, damages for loss of profits, use, data or other intangibles, even if we have been advised of the possibilities of such damages. You agree that we are not liable for any failure to deliver, hold or store information through the services. If you are dissatisfied with the services, your exclusive remedy is to discontinue use of the services. 10.2 Without limiting any of the forgoing, we are not responsible for any of your materials and data residing on our network hardware. 10.3 In no event will we be liable to you for more than the actual dollar amount that you paid for the use of the services during the term of this agreement. 11.0 INDEMINITIES 11.1 The Licensee shall not be deemed to be an agent, partner, joint venturer, sub contractor, servant or employee of 1001 Properties as a result of or in any transaction relating to this Agreement and shall not in any way pledge 1001 Properties credit or incur any obligation on behalf of 1001 Properties. 11.2 The Licensee shall not give or issue any warranties or representations concerning products save as authorised by 1001 Properties. 11.3 The Licensee shall indemnify 1001 Properties and keep 1001 Properties harmless from any claim, demand, expense, liability or cost incurred or suffered by 1001 Properties as a result of any such unauthorised warranty or representation or as a result of the Licensee's relations with its customers and other third parties. 12.0 ALLOWABLE DISCRETION 12.1 The Licensee agrees not to make unauthorised representations, Statements, or warranties other than those permitted by this Agreement or to which 1001 Properties may agree in writing. 13.0 GENERAL PROVISIONS 13.1 The Shareholders jointly and severally guarantee to Us the due and punctual payment by the Licensee to Us of all moneys from time to time payable by the Licensee to Us and the due and punctual performance by the Licensee of all the obligations duties liabilities and covenants of the Licensee under this agreement; 13.2 The Shareholders agree to indemnify Us and hold Us harmless from any default by the Licensee in making such due and punctual payment or in such due and punctual performance. 13.3 The Shareholders will themselves observe and perform all the obligations duties liabilities restrictions and covenants set forth in this Agreement as matters to be observed and performed by the Licensee as fully and to the same extent as would bind the Shareholders if all those matters were set out in full in this clause. 13.4 The obligations of the Shareholders under the foregoing provisions are as a principal debtor and principal contracting party and shall be a continuing guarantee indemnity and covenant of the Shareholders until all matters under this agreement have been fully discharged and notwithstanding any intermediate settlement of account. No waiver granting of time or other indulgence, variation of obligations, or the doing or omission to do anything which would release one liable as a surety only, shall release the Shareholders from liability hereunder. 14.0 CONFIDENTIALITY 14.1 Licensee acknowledges the confidential and proprietary nature of the Confidential Information and agrees that it shall not reveal or disclose any Confidential Information for any purpose to any other person, firm, corporation or other entity, other than Licensee's employees with a need to know such Confidential Information to perform employment responsibilities consistent with Licensee's rights under this Agreement. Licensee shall safeguard and protect the Confidential Information from theft, piracy or unauthorized access in a manner at least consistent with the protections Licensee uses to protect its own most confidential information. 15.0 GOVERNING LAW 15.1 This Agreement shall be construed and governed by New Zealand law and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Court of New Zealand.

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