Terms & Conditions of Emsg/Msgwrx Software License Emsg & Msgwrx: Trade names of Christopher Newcome & Associates Ltd, Box 331625, Takapuna, Auckland +64 9 4895801 Ownership The Customer acknowledges that all components of the Software (including copyright, trade secrets and any other right, title and interest therein), whether copiable to the Customer’s own computer system or not, are the sole property of EMSG, and that the Customer shall gain no right, title or interest in the Software by virtue of this agreement other than the non-exclusive right of use granted herein. Without limiting the foregoing the Customer specifically acknowledges EMSG’s exclusive ownership of any modification, translation or adaptation of the Software whether paid for by the Customer or not. Use of Software EMSG grants the Customer an individual, non-transferable and non-exclusive licence to use the Software. The Customer agrees that the Software will only be used for the benefit of the Customer and its subsidiaries. The Customer will not use the Software in violation of this agreement, of any applicable laws or regulations including the Unsolicited Electronic Messages Act 2007, nor use the Software in the performance of any unlawful act. The Customer shall indemnify EMSG against liability for any loss or damage, which may arise from any use of the Software in breach of this Agreement or any applicable laws. Limitation of Liability The Customer agrees that EMSG shall not be liable to the Customer for loss or consequential damage of any kind (including but not limited to loss of profits) arising directly or indirectly from: malfunction, inaccurate operation or any other cause of failure of the Software; interception or distortion of any communication to or from the Customer by any means or person; any event or cause beyond the control of EMSG. Copyright All trademarks, brands, images, logos and text that may appear in the Software are acknowledged as being the exclusive property of their respective owners.