1. Materials
1.1 "Licensed Materials" means all those audio
and audio visual materials listed as Licensed Material in the
Schedule to this Agreement.
1.2 The ABC shall use its best endeavours to supply to the
Licensee copies of the Licensed Materials as the Licensee may
reasonably require to exercise the rights herein granted.
1.3 The Licensee warrants such copies shall be used only within
the Production and for the use specified. Use in any other context
without the express permission of the ABC is specifically excluded.
1.4 If the Licensed Materials contain ABC registered or unregistered
marks, logos, branding, or styling likely to cause it to be
identifiable with the ABC, any use of such Licensed Materials
will be subject to the specific written approval of the Director,
ABC Commercial who may require the ABC mark to be removed from
the Licensed Materials at the expense of the Licensee.
1.5 Upon completion of the Production the Licensee shall destroy
or return to the ABC all copies of the Licensed Materials in
its possession except such material as is contained in the Production.
The Licensee shall be responsible for all laboratory, carriage,
customs and other costs of a similar nature in respect of the
manufactured copies of the Licensed Materials in accordance
with the provisions of this clause.
2. The Licensee warrants that:
2.1 if the Licensed Materials contain vision and/or sound of
an identifiable individual and the Licensee intends to use the
Licensed Materials in:
(a) such a way as may or will imply that the individual endorses
a product; or
(b) a political advertisement (namely an advertisement authorised
by a political party) the Licensee will obtain the individual’s
prior permission for that use.
2.2 if the Licensed Materials contain copyright material which
the ABC cannot licence, the Licensee will obtain all necessary
consents from the owners of that copyright material prior to
the exercise of any rights herein granted.
2.3 The Licensee indemnifies the ABC against any loss, claim,
demand, liability, cost, damages and expenses (including legal
fees properly incurred) resulting from any breach of the warranties
in clauses 2.1 and 2.2 or directly or indirectly relating to
the content of the Production or the Licensee’s use of
the Licensed Materials including any claim for infringement
of any patent, trade mark, registered design, or for passing
off, misleading or deceptive conduct, defamation or contempt
of court.
2.4 The Licensed Material is licensed in accordance with ABC
Editorial Policies, available at http://abc.net.au/corp/pubs/edpols.htm.
3. Interpretation
3.1 This Agreement shall be interpreted in accordance with
the laws of New South Wales, Australia and any dispute arising
therefrom shall be subject to the exclusive jurisdiction of
the courts of New South Wales.
3.2 This Agreement contains the entire understanding of the
ABC and the Licensee with respect to the Licensed Materials
and may not be modified or amended except in writing signed
by the ABC and the Licensee.
3.3 All representations, conditions and warranties, oral or
written, express or implied, other than those contained herein
are hereby excluded.
4. Accreditation
4.1 An accreditation to the ABC stating "Australian Broadcasting
Corporation, ABC Commercial" must be given in the end
credits of the Production with the duration and height of the
credit being equivalent to all other credits for footage or
other copyright material suppliers.
5. Goods and Services Tax (GST)
5.1 Where applicable the fee(s) include the goods and services
tax imposed by the Commonwealth.
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