New Zealand Grazing Company Limited

AAAA Modeled Dry Matter Simulator

Payment System

Animal Detail

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You agree as follows:

  1. That the MDM Feed Simulator is confidential to New Zealand Grazing Company Limited and you are given a Licence to use it, only to satisfy yourself of the fairness, efficacy, or reasonableness of the grazing payment system(s) promoted by New Zealand Grazing Company Limited and only for the purposes of either:
    1. Your own farming business; or
    2. The farming business of a company that you are a shareholder in (other than a company listed on a recognised Stock Exchange and other than a co-operative company); or
    3. The farming business of a partnership that you are a partner in; or
    4. A farming business of your employer; or
    5. A farming business of a Family Trust or Trusts where you are one or more of a Trustee, Beneficiary, or member of a class of Discretionary Beneficiaries; or
    6. The farming business of yourself as a sharemilker or of a sharemilker that is either a company you are a shareholder in, or that is a partnership that you are a partner in, or that is a Family Trust or Trusts where you are one or more of a Trustee, Beneficiary, or member of a class of Discretionary Beneficiaries; or
    7. A farming business in which you otherwise have a bonafide beneficial interest that benefit any one or more of yourself and your immediate family;
    - and you agree you will not use the MDM Feed Simulator (and will not suffer or allow it to be used by others if in your reasonable power to prevent it) for any other purpose or for the benefit of any other person, company, organisation, entity, or thing.
  2. That the algorithms, methodologies and arithmetical relationships used in the MDM Feed Simulator, are confidential to the New Zealand Grazing Company Limited and will only be used by you pursuant to the Licence in paragraph 1 above and will not be disclosed by you to any other person, company, organisation, entity, or thing and you will not suffer or allow it (if within your reasonable power to prevent it) to be disclosed to any other person, company, organisation, entity or thing.
  3. Subject to the express terms of the Licence in paragraph 1, you will not use (or permit or suffer to be used if in your reasonable power to prevent it) the MDM Feed Simulator or any of its algorithms, methodologies, or arithmetical relationships for the benefit of any person, company organisation, entity, or thing.
  4. That you will not reverse engineer or analyse the MDM Feed Simulator so as to reveal or disclose or discover any of its algorithms, methodologies, or arithmetical relationships.
  5. That you agree that damages will not be an adequate remedy for any breach of these terms of access and that accordingly, you consent to an injunction being granted to prevent any breach or threatened breach of these terms of access occasioned by yourself or by any one or more persons under your control (or which you suffer or permit to occur if in your reasonable power to prevent it).
  6. That you agree to New Zealand Grazing Company Limited taking and retaining a record of your visit(s) to the MDM Feed Simulator web page and of your use of the MDM Feed Simulator. New Zealand Grazing Company Limited for its part, agrees to keep such records confidential and will only use the same for the purposes of seeking remedies for any breach or threatened breach of these terms of access.
  7. That you agree the law of New Zealand applies to these terms of access, which are enforceable by New Zealand Grazing Company Limited in any Court of competent jurisdiction in New Zealand or at the option of New Zealand Grazing Company Limited in any other Court of competent jurisdiction outside of New Zealand or at the further option of the New Zealand Grazing Company Limited by arbitration under any Arbitration Act for the time being in force in New Zealand.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.