- Subject to the User’s compliance with the terms of this Agreement, Earth Sciences NZ grants the User a non-exclusive, non-transferable licence to use the Data only for the Permitted Use during the Term as set out in this Agreement .
- Except as expressly permitted by this Agreement (including pursuant to clause 3), the Permitted Use does not allow the User without Earth Sciences NZ’s prior written consent to:
- a. make the Data available for download or disclose, provide, publish, sell, license or otherwise make available the Data or Outputs by any means to any third party; or
- b. Commercialise the Data or any Output.
- Subject to the terms in this Agreement, the User may for the Permitted Use:
- a. use the Data to prepare or create Outputs, provided that no Output may reproduce significant tranches or the full set of the Data or allow for the extraction or reverse engineering of the Data; and
- b. despite clause 2.a., publish or make available Reports to third parties.
- The User acknowledges and agrees that:
- a. the Data constitutes commercially sensitive information of Earth Sciences NZ;
- b. all Intellectual Property Rights in or associated with the Data are, and will remain, vested solely in Earth Sciences NZ;
- c. this Agreement does not give the User any right to, or interest in, the Data other than the limited licence contained within this Agreement; and
- d. it will take all necessary and reasonable steps to protect the Data from unauthorised access, use or disclosure.
- Subject to clause 4 b., the User shall own all Intellectual Property Rights in any Outputs produced under this Agreement.
- The Data is provided on an “as-is” basis and Earth Sciences NZ does not make any representation or warranty (express or implied): as to the accuracy, reliability, fitness for any purpose or completeness of the Data; that the Data will be uninterrupted or error-free; or as to the use to which the Data may be put or the results which may be obtained from using the Data. The User is solely responsible for its own use, assessment and evaluation of the Data, and Earth Sciences NZ excludes all liability for any damage or loss (whether direct, indirect or consequential), whether in contract, tort (including negligence) or otherwise, incurred by any person through the use of or reliance on the Data or any Outputs.
- To the extent that Earth Sciences NZ is liable under or in connection with this Agreement (whether in contract, tort or otherwise), then Earth Sciences NZ’s total maximum liability to the User will not exceed the greater of $250 or (if applicable) the total Charges paid.
- In any Report published or made available by the User, the User, will, unless otherwise agreed in writing with Earth Sciences NZ where the Data is used to reach a conclusion or published as permitted in a Report:
- a. ensure attribution is given to Earth Sciences NZ for the Data used to create the Report; and
- b. include a disclaimer along the following lines (with the square-bracketed item to be populated): Earth Sciences NZ makes no representations or warranties regarding the accuracy, completeness or fitness for purpose of the information in this [figure/table/section etc] and excludes all liability for any damage or loss whether in contract, tort (including negligence) or otherwise arising from reliance on or use of the information.
- Either party may terminate this Agreement immediately on written notice if the other party commits a material breach of this Agreement (which in the case of the User includes any unauthorised use of the Data whatsoever) or suffers an Insolvency Event. Without prejudice to any other rights or remedies of Earth Sciences NZ, upon termination or expiry of this Agreement, the User will immediately stop using the Data.
- On Earth Sciences NZ’s request, the User will allow Earth Sciences NZ reasonable access to inspect records or systems relevant to this Agreement to ascertain compliance with this Agreement and to take copies of such records. The User shall provide any assistance reasonably requested by Earth Sciences NZ for the purposes of any audit under this clause.
- This Agreement is the entire agreement between the parties and supersedes all prior agreements and representations in relation to its subject matter. Amendments to this Agreement must be agreed in writing and signed by the parties.
- The User may not without Earth Sciences NZ’s prior written consent assign, novate or transfer any of its rights or obligations under this Agreement.
- This Agreement is governed by New Zealand law and the parties submit to the non-exclusive jurisdiction of the New Zealand Courts.
- This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument. No counterpart shall be effective until each party has executed at least one counterpart.
- The clauses that by their nature are intended to remain in force on termination or expiry of this Agreement, do so, including clauses 4, 5, 6, 7, 9 and 10.
- When used in this Agreement the following terms have the meaning beside them:
Agreement means these General Terms, the Order and any variation agreed in writing between Earth Sciences NZ and the User.
Charges The charges (if any) imposed by Earth Sciences NZ for accessing the Data as specified in the Order.
Commercialise or Commercialisation To make revenue from the Data or any Output (including by displaying either on a website that directly generates revenue from advertising or is pay-to-view) or to otherwise use the Data or an Output for commercial purposes. The use of the Data or any Output by the User during the Term for research funded by the government or a non-profit organisation that is conducted for the public benefit and without the intent to be commercialised is not deemed to be to Commercialisation of the Data or any Output.
Data The data or data product(s) as set out in the Order.
Intellectual Property Rights All industrial and intellectual property rights, whether conferred under statute, common law, or equity, and includes copyright, and all rights conferred under statute, whether registered or unregistered, and all equivalent rights and forms of protection anywhere in the world, together with all right, interest or licence in or to any of the foregoing.
Insolvency Event In relation to a party, where that party becomes bankrupt or insolvent, has an administrator, receiver, liquidator, statutory manager, mortgagee's or chargee's agent appointed becomes subject to any form of external administration or ceases for any reason to continue in business.
Earth Sciences NZ New Zealand Institute for Earth Science Limited (NZBN: 9429038971433), having its registered office at 82 Wyndham Street, Auckland CBD, Auckland 1010.
Order The order for the Data via DataHub made by or for the User.
Outputs Reports and any other products, tools, models and other derivative works or outputs derived from, based on or containing the Data.
Permitted Use The Data may only be used for the specific purpose outlined in the Order, provided that such purpose is strictly non-commercial. Acceptable non-commercial uses include academic research, educational activities, or personal informational use.
Any use of the Data—or any materials, outputs, or derivative works created from it—for commercial gain or in connection with fee-generating activities is expressly prohibited. This includes, but is not limited to, selling, licensing, leasing, or incorporating the Data into products or services offered for payment. Furthermore, use of the Data in any work for which the user receives compensation, such as commissioned reports, consultancy services, or contract deliverables, constitutes commercial use, regardless of whether the final product is intended to serve the public interest.
Reports Reports, presentations and papers or materials for research, study, training and instructional purposes which refer to the Data, summarise the Data or identify trends or insights from the Data, which may include extracts from the Data solely to the extent reasonably necessary to explain or evidence such trends or insights but do not reproduce significant tranches or the full set of the Data or allow the extraction or reverse engineering of the Data.
Term means the duration reasonably required to fulfil the purposes of the Permitted Use.
User The party receiving the Data as specified in the Order, including in the case of an individual person the party on whose behalf the Data is being procured.
Version 1.5 (Updated November 2025)