Licence of Photography or Film Footage
This is a legal agreement (“Agreement”) between you ("you") and Infrastructure NSW ABN 85 031 302 516 (“INSW”) for licensing of a digital asset that you have selected appearing on this site ("Asset"). By clicking the “I agree” button, you agree to be bound by the terms and conditions of this Agreement.
Grant of licence
1. (a) In consideration of you paying any applicable fee (the Fee) in respect of each Asset, INSW grants to you a non-transferable and non-exclusive licence of the Asset for the Period, and for the Purpose.
(b) For the purposes of the Agreement:
(c) INSW warrants that it has the permission of the copyright owners of the Asset to enter into this agreement with you.
Limitation of licence
2. You must not use the Asset for any commercial purpose without the written approval of INSW (Director Corporate Communications).
3. You must not use the Asset in any way that is defamatory, libellous, scandalous, misleading, pornographic, unlawful, or in any other way that brings Barangaroo or INSW into disrepute. You may make such adaptations and modifications to the size, shape or format of the Asset as may be necessary to reproduce, print, copy or otherwise integrate the Asset in any publication or work so as to make use of the Asset, subject to the requirement that any cropping, or any overlaying of text, including branding, requires prior written approval of INSW (Director -Corporate Communications).
4. You must not:
(a) copy (electronically or otherwise) the Asset except for the purpose described in your application and authorisation notification;
(b) sell the Asset or include it in any other media/ stock product, library, or collection for distribution or resale;
(c) make the Asset available as a separate or downloadable reusable file;
(d) display the Asset on a website any greater than 72 dots per inch;
(e) alter, modify or adapt an Asset without the prior consent of INSW; and/or
(f) disclose the Asset to any third party without the prior consent of INSW and you shall take all reasonable efforts to prevent the disclosure of the Asset to an unauthorised third party and/or the use of the Asset by an unauthorised third party.
5. The rights and permissions granted to you under this Agreement are personal. The Asset may not be assigned, transferred, sublicensed or re-sold or otherwise made available for use or distribution separately or detached from a product or web page, unless with INSW’s prior written consent.
6. One copy of the Asset may be made for backup purposes only, but may be used only if the original Asset becomes defective, destroyed or otherwise irretrievably lost. The Asset must not be downloaded to create, establish or form any part of an online interactive stock photo library.
7. If a fee is charged for use of this Asset, the fee will be deducted from your nominated bank account in accordance with the credit card details provided by you to INSW upon accessing this site. Agreement to purchase a licence to use the Asset shall be deemed to commence at the time at which you download the Asset from this site.
Warranties and indemnity
8. To the extent permitted by law, INSW shall not be liable to you, your principal or any other person or entity for any general, special, specific, direct, indirect, consequential, incidental or other damage or loss arising out of this Agreement or otherwise.
9. You hereby agree to indemnify INSW against any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment suffered, paid or incurred by INSW as a result of your use of the Asset.
10. Use of the Asset must be in compliance with all applicable laws, including, but not limited to, laws and regulations relating to currency and the law of moral rights.
11. INSW and the Asset's creator retain all rights not expressly granted by this Agreement.
12. You warrant that you will not breach any of the author's moral rights in relation to the Asset as set out in this Agreement, whether or not in the course of reproducing in a material form, publishing, transmitting or exhibiting the Asset or otherwise. It is acknowledged that the photographer of the Asset may have certain moral rights in the Asset in certain jurisdictions. You may include a credit line with the name ‘Infrastructure NSW’ to appear adjacent to the Asset in respect of each use of the Asset, and/or the photographer if required.
13. The licence contained in this Agreement will terminate automatically without notice from INSW if you fail to comply with any provision of this Agreement.
14. Upon termination you must immediately:
(a) stop using the Asset, and
(b) delete the Asset and all copies of it from all magnetic media and destroy all other copies or, upon the request of INSW, return all such copies to INSW.
15. All of the following clauses will survive termination of this Agreement:
Clauses 2, 3, 4, 8, 9, 17
16. INSW may, in its absolute discretion, at any time change the terms and conditions set out in this Agreement, and provide notice to you.
17. This Agreement is governed by the laws of the State of New South Wales and each party hereby irrevocably submits to the non-exclusive jurisdiction of the Courts of New South Wales.