TERMS & CONDITIONS

1. Licensor agrees to grant to the Licensee a license to use the film or video footage for the purposes and terms as referred to in the Schedule and subject to and upon the terms and conditions following and forming part of this agreement.
2. Subject to the provisions hereof and in consideration of Licensee’s payment of the License Fee, the Licensor hereby grants to the Licensee a non exclusive license to use the footage, for the purpose specified in the Schedule.  No other use of the Footage by the Licensee is permitted.  The Footage may be used by the Licensee in whole or in part whether alone or incorporated with other material but in no circumstances which designate Licensor or which might result in criticism or loss of reputation to the Licensor.
3. All reproduction, handling and delivery charges will be paid by the Licensee.  Licensor shall have no responsibility whatsoever for any costs and expenses arising out of Licensee’s use of the Footage. 
4. The rights to any material made available to the Licensee shall remain at all times the property of the Licensor.
5. Licensee will not make any reproduction of or from the Footage whatsoever in whole or in part, except for use in connection with the Purpose.  Licensee shall not alter Footage in any way.
6. The credit shall be accorded Licensor on all film, video and DVD incorporating the Footage in whole or in part in any full list of credits concerning the Footage or any film or video or DVD into which it is incorporated.  Licensee shall not otherwise use Licensor’s name, logo, or associate Licensor with its product or film, video or DVD.
7. The Licensor confirms that no clearances of any performers or rightholders are necessary.
8. Licensee will indemnify Licensor, its employees, associates, affiliates, subcontractors, parent and subsidiary corporations and save and hold them, and each and all of them harmless of and from any and all claims (including claims by Actors Equity or other unions), loss, damage, liability and expense including legal fees, arising out of Licensee’s breach of any term hereof or otherwise out of Licensee’s use of the Footage.  Licensee further acknowledges that a breach by Licensee of any of its representations, warranties or undertakings hereunder will cause Licensor irreparable damage, which cannot be readily remedied in damages in an action in law, and may, in addition thereto, constitute an infringement of Licensor’s copyright, thereby entitling Licensor to equitable remedies, costs and legal fees.
9. Licensor does not give any warranties or make any representations in relation to Licensee’s use of the Footage hereunder save that it has the right to grant the non-exclusive license agreed herein.
10. This Agreement and annexed Terms and Conditions shall be governed and construed in accordance with the laws of Queensland, Australia.
    
11. Payment of License Fee will be made within 7 days of issue of invoice unless otherwise agreed in writing by Licensor.

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