Terms & Conditions
“Non- Exclusive Copyright Licence”
Project Select P/L (“Licensor”)
and the customer of the Licensor to whom a supply of the Copyright Material is made pursuant to an order placed by him / her / it to the Licensor (“Licensee”).
In this Deed unless the context otherwise requires:
“Commencement Date” means the date that the Licensor makes a supply of the Copyright Materials to the Licensee pursuant to an order placed by the Licensee to the Licensor;
“Copyright Material” means the material embodying the Copyright Works the subject of the Licensee’s Order;
“License Fee” means the money paid by the Licensee to the Licensor as consideration for the within non-exclusive licence and the delivery to the Licensee of the Copyright Material the subject matter of the Licensee’s order to the Licensor;
“Territory” means the States and Territories of the Commonwealth of Australia;
“Use” means the reproduction of the whole or of a substantial part of the Works or any of them in a two or three dimensional form within the Territory and/or the making of any alterations to the whole or to any part of the Works;
“Works” means those Artistic Works comprising:
(i) colour brochures depicting floor plans and artist’s impressions of dwellings the subject of the building plans referred to in (ii) below; and
(ii) those digitised building plans (including a selection of CAD and REVIT files) supplied to the Licensee by the Licensor pursuant to an order placed by the Licensee with the Licensor.
1.2 Copyright Act 1968
Words and expressions defined in the Copyright Act 1968 (Cth) have the meaning set out in that Act.
In these Terms and Conditions, unless the context otherwise requires:
(a) a reference to any legislation or legislative provision includes any statutory modification or re-enactment of, or legislative provision substituted for, and any subordinate legislation issued under, that legislation or legislative provision;
(b) the singular includes the plural and vice versa;
(c) a reference to an individual or person includes a corporation, partnership, joint venture, association, authority, trust, state or government and vice versa;
(d) a reference to any gender includes all genders;
(e) a reference to any party to these Terms and Conditions or any other document or arrangement includes that party’s executors, administrators, substitutes, successors and permitted assigns;
(f) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning; and
(g) a reference to a time is that time in Sydney.
In these Terms and Conditions headings are for convenience of reference only and do not affect interpretation.
In consideration of the payment by the Licensee to the Licensor of the License Fee and in consideration of these presents the Licensor irrevocably licenses the Licensee the non- exclusive Use of the Works in the Territory on and from the Commencement Date, on these Terms and Conditions.
3.1 Licensor warranties
The Licensor warrants to the Licensee that:
(a) the Works are original;
(b) the Licensor is the unencumbered owner of all copyright subsisting in each work comprising the Works; and
(c) neither the Works, nor the acceptance of these Terms and Conditions, infringes the rights of any third party.
Assignment and sublicense
(a) The Licensee shall be entitled to assign the within license in the Licensee’s absolute and unfettered discretion.
(b) The Licensee shall not be entitled to sublicense the Use of the Works.
5. Irrevocable License
The Licensor acknowledges and confirms that subject to its receipt of the Licence Fee without deduction or set off the within License is irrevocable and as such is not capable of termination by the Licensor.
6. Law and jurisdiction
6.1 Governing law
These terms and Conditions are governed by the law of the State of New South Wales.
6.2 Submission to jurisdiction
The parties submit to the non-exclusive jurisdiction of the courts of the law governing these terms and Conditions and any courts which may hear appeals from those courts in respect of any proceedings in connection with these terms and Conditions.”