When purchasing and/or implementing Kiwa Web Productions and Dataview Limited's TournamentMaker™ site, software & source code, you agree the following license:

Definitions:

"You" and "LICENSEE" refers to the person, entity or organisation which is using the software and source code owned by Kiwa Web Productions and Dataview Limited, and any successor or assignee of same.

"Site, Software and Source Code" refers to any proprietary client or server side code, implemented through TournamentMaker™ a Kiwa Web Productions and Dataview Limited's product, developed and distributed by Kiwa Web Productions and Dataview Limited.

"Internet Domain" is a symbolic name assigned by a valid Internet Naming Authority (such as the service managed by Network Solutions or Domainz).

1. This license is for the acquisition and use of SITE, SOFTWARE AND SOURCE CODE. By acquiring and using SITE, SOFTWARE AND SOURCE CODE, YOU expressly agree to abide by this License.

2. This license is between LICENSEE and Kiwa Web Productions. The LICENSEE acknowledges that Kiwa Web Productions is and has granted this license in reliance upon representations made by the LICENSEE and the LICENSEE warranties the truthfulness and accuracy of such representations. Any breach of this warranty of truthfulness and accuracy shall constitute a breach of this License. Kiwa Web Productions has the sole and unqualified right to refuse to license any person or entity for any reason, except for reasons which are specifically prohibited by law.

3. The LICENSEE is granted a non-exclusive license to use SITE, SOFTWARE AND SOURCE CODE in conjunction with one Internet Domain. License to use SITE, SOFTWARE AND SOURCE CODE with more than one domain must be separately purchased from Kiwa Web Productions and is specifically not granted in this License.

4. The license between the LICENSEE and Kiwa Web Productions is for one license only. The LICENSEE is not permitted to use the SITE, SOFTWARE AND SOURCE CODE on behalf of any other organisation other than itself. The LICENSEE is not permitted to let any other organisation use the SITE, SOFTWARE AND SOURCE CODE. It is at our discretion as to whether the site is being use in a manner that does not comply with the above. Any breach of the above will result in the licence being revoked.
   
   

5. SITE, SOFTWARE AND SOURCE CODE contains valuable proprietary rights of Kiwa Web Productions. There is no transfer to the LICENSEE of any title to or ownership of SOFTWARE AND SOURE CODE or any copyright, trade name, trade secret, source code, or other proprietary rights relating to SOFTWARE AND SOURCE CODE, regardless of the form that SOFTWARE AND SOURCE CODE exists in, unless otherwise agreed in writing and transferred to the Client by written assignment. The LICENSEE may not violate these rights, and the LICENSEE must take all appropriate steps to protect Kiwa Web Productions' rights. Kiwa Web Productions may at any time replace, modify, alter, improve, enhance, or change SOFTWARE AND SOURCE CODE without prior notice.

6. All SITE, SOFTWARE AND SOURCE CODE may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any New Zealand law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The LICENSEE agrees to indemnify and hold us harmless from any claims resulting from the use of the software and source code which damages the LICENSEE or any other party.

7. The SITE, SOFTWARE AND SOURCE CODE must not be used for the transmission, storage or presentation of any information, data or material that is of a pornographic, sexually explicate or illegal nature. This includes but is not restricted to information, data or material that is prejudice to any person or party, material that is harmful to minors, material that breaks any NZ law or promotes any illegal activity.

8. The LICENSEE is not granted approval to modify or customise the SITE, SOFTWARE AND SOURCE CODE in any way without the express permission of Kiwa Web Productions. If permission is granted by Kiwa Web Productions then the LICENSEE agrees that any modifications made to the SITE, SOFTWARE AND SOURCE CODES are for the exclusive use of LICENSEE and may not be transferred, sold or licensed to another entity.
   

9. Any license, right, or permission to use SITE, SOFTWARE AND SOURCE CODE is automatically revoked if LICENSEE breaches any term or condition of this License. LICENSEE agrees that in the event of a breach of this License, and upon the demand thereof by Kiwa Web Productions, LICENSEE will immediately return any physical copies of SITE, SOFTWARE AND SOURCE CODES to Kiwa Web Productions, will cease any further use of SITE, SOFTWARE AND SOURCE CODES, will remove the original and any modified or altered SITE, SOFTWARE AND SOURCE CODES from his/her/its computers and drives, will cease his/her/its use of SITE, SOFTWARE AND SOURCE CODES, and will cease any claimed breach of this License. LICENSEE agrees that monetary damages alone is not an adequate and just relief resulting from any breach of this License, that a court order prohibiting any further breach of this License is necessary to prevent further damages, and that LICENSEE will not oppose any reasonable request for a temporary restraining order, preliminary injunction, or other relief sought by Kiwa Web Productions in the event of a breach of this License. Kiwa Web Productions shall not be required to notify LICENSEE of any breach, nor make any demand or claim against LICENSEE resulting from any such breach, or for a demand to stop any use or distribution in violation of the terms of this License, and LICENSEE agrees that any breach of this License and damages resulting therefrom shall relate back to the first and earliest breach thereof. Failure of Kiwa Web Productions to enforce its rights pursuant to this License shall not constitute a waiver of such rights, and shall not prejudice Kiwa Web Productions in any later enforcement of its rights or rights to seek damages therefrom.

10. LICENSEE will pay for the SITE, SOFTWARE AND SOURCE CODES by a one off set up fee and a monthly leasing fee.
    
    LICENSEE will pay the set up fee and one monthly fee, upfront. LICENSEE will receive invoices (for the month in advance) around the 20th of each month. LICENSEE will pay on invoice the amount owed by the 20th of the next month.
    Kiwa Web Productions do not offer refunds of less than one months leasing fee. For new accounts cancelled in the first month we will charge the first months leasing invoice as well as the applicable set up fee.
    
    

11. Whilst Kiwa Web Productions strives to provide the functionality the Client requires for their website Kiwa Web Productions do not warranty that the functions contained in the SITE, SOFTWARE AND SOURCE CODES will meet with the Client¹s requirements, or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the SITE, SOFTWARE AND SOURCE CODE is with the Client. In no event will Kiwa Web Productions be liable to the Client or any 3rd party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operations of or inability to operate the SITE, SOFTWARE AND SOURCE CODE, even if Kiwa Web Productions has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

12. The development of specific SITE, SOFTWARE AND SOURCE CODE by Kiwa Web Productions for the Client may be terminated by either party with one month's notice in writing, in which case the Client shall make payment in full for the actual work done up to date of the termination.

13. Kiwa Web Productions reserves the right to assign subcontractors to insure a quality site and on-time completion.

14. KKiwa Web Productions reserves the right for any of their fee structure to change at any time after one month written notice.

15. This License Agreement shall be subject to, governed by and interpreted in accordance with the laws of New Zealand. If any provision of this License is found void, invalid, or unenforceable, it will not affect the validity of the balance of this License, which shall remain valid and enforceable according to its terms.