Product Licence

These are the Product Licence Terms for Nicole's Nutrition Kitchen. In this document, "we" or "us" refer to Nicole's Nutrition Kitchen.

We are Nicole Wilson (nee Tucker) trading as Nicole's Nutrition Kitchen, a Sole Trader business in New Zealand. Our address is 20 Blue Gum Drive, Warkworth, 0910.

You are: Anyone who buys or uses a Licence from us - by downloading digital content from us.

These are the agreed terms

These Product Licence Terms are supplemental and additional to the Terms and Conditions (the "T&C") relating to use of Our Website. By buying or using any Licensed Product, you agree to be bound by them.

  1. Definitions

    In this agreement, the definitions in the T&C apply. In addition, the following words shall have the following meanings, unless the context requires otherwise:

    1. "Copy or Publish" with reference to a Licensed Product, means reproducing or publishing in whole or in part, using any means, in any medium. It includes breaking up, changing, cropping or any other change or use as part of some other created work.
    2. "Restrictions on Use" means first, the restrictions set out in this agreement and second, all restrictions or limitations arising from choices you made at the time of purchase. These may relate to limitations on use, territory, duration, or any other choice which defines the Licensed Product.
    3. "Licence" means a licence granted by us to you in the terms of this agreement for use of a Licensed Product.
    4. "Licensed Product" means any product, material or thing offered for Licence by us on Our Website, whether or not bought by you. A reference to "Product" shall be a reference to all or part of a Product or to a Product changed by you in any way.
  2. Interpretation

    The interpretation and definition provisions of the T&C apply also to this agreement.

  3. The Licence
    1. You confirm that you have authority to enter into this agreement and have obtained all necessary approvals to do so.
    2. To access a Licensed Product you will need to be able to:
      1. extract a ZIP archive;
      2. read an Adobe Acrobat (PDF) document.
    3. In entering into this contract you have not relied on any representation or information from any source except that on Our Website.
    4. We do not offer the Licensed Products in all countries. We may refuse a Licence if you live in a country we do not serve.
    5. If any information you give us is inaccurate, your Licence is automatically terminated and no refund of money will be due to you.
    6. Subject to the terms of this agreement, we grant to you a Licence to use a Licensed Product.
    7. This Licence is limited by the Restrictions on Use. You agree to comply with all Restrictions on Use no matter how communicated to you.
    8. No express or implied licence of the Licensed Product or any other material is granted to you other than the express Licence granted in this agreement.
  4. Limitations and permissions on Licences
    1. You must not sub-license a Licensed Product.
    2. You must not Copy or Publish a Licensed Product except as specifically allowed in this agreement.
    3. You may not allow any other person to use a Licensed Product except in the situation or context for which you have bought it.
    4. You may not represent or give the impression that you are the owner or originator of any Licensed Product.
    5. You may not remove any identification or reference number or other information which may be embedded in any file of a Licensed Product.
    6. Every publication or appearance of a Licensed Product on a website must be protected as far as the law allows by separate, specific or general provisions against copying or publishing. We allow you to use the definition of "Copy or Publish" used in this agreement.
    7. You may not use a Licensed Product:
      1. except for the use specified at the time of purchase;
      2. in a context which is pornographic;
      3. containing a human model in any way which might degrade that person in the eyes of a reasonable viewer;
      4. in part or as a whole, as a logo or otherwise to incorporate it in any intellectual property of yours;
      5. in an application for mobile/cell phone use, except as part of a marketing programme based on a website;
      6. for a secondary use, for example on social networks.
  5. Freedom to use

    Despite the above limitations, you may copy a Licensed Product once for the purpose of system maintenance.

  6. Copyright and other Intellectual Property
    1. You agree that at all times you will:
      1. not to cause or permit anything which may damage or endanger our title to any Licensed Product or other Intellectual Property or the title of any Third Party Owner whose work has been made available to us as a Licensed Product;
      2. notify us of any suspected infringement of the Intellectual Property.
    2. If you use a Licensed Product in a way not allowed by this agreement we may take legal action anywhere in the World. If loss to us or any other person results from your wrongful action, you will be liable to pay.
    3. If we terminate the Licence on account of your breach, you agree that you will:
      1. immediately stop using the Licensed Product;
      2. destroy all copies of the Licensed Product in your possession or control;
      3. destroy any work of yours derived from a Licensed Product.
    4. If we reasonably believe that you are using a Licensed Product outside the scope of this Licence, you agree to provide written confirmation of your compliance, in a form to be drawn by us.
  7. Assignment

    You may not assign, delegate, sub-contract, mortgage, charge or otherwise transfer any or all of its rights and obligations under this agreement without our prior written consent.

  8. Miscellaneous matters
    1. At any time if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement, we reserve the right to terminate this agreement without refunding to you any payment made.
    2. In some jurisdictions you may not use a human image without the consent of that person. That may apply to any person or only to a model. The permission is generally known as a "release". You alone are responsible for obtaining any necessary release and for paying any fees due.
    3. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
    4. You are advised that Licensed Product is in digital format and is deemed to have been "delivered" when the order in Your Store is available for download. You acknowledge and agree that we shall not be liable in any way for any difficulty you experience in downloading and/or reading the Licensed Product.
    5. We shall not be liable to you for any loss of Licensed Product or damage to your computer, or other device, as a result of downloading, extracting or viewing any digital content.