I undertake that, if supplied, the copy of the recording will be used by me (or where applicable, the organisation named above) for the following purpose:
Terms And Conditions for Use of Sound Recording/s
1. Use
The requester (the Requester) named in the completed request form requests that SANTK makes and supplies to the Requester a copy of the recording (Requested Recording) described in the request form and agrees to be bound by these terms and conditions.
If SANTK copies and supplies the Requester with a copy of the Requested Recording, the Requester agrees to use the Requested Recording solely for the purpose or purposes described in the request form (Stated Purpose) and in strict accordance with these terms and conditions.
The Requester acknowledges that SANTK does not guarantee to supply a copy of any recording requested. For example, SANTK may be unable to supply copies of recordings for copyright reasons.
The Requester agrees that SANTK may at its discretion monitor the use of the Requested Recording, such as its use online or in broadcasts to determine if these terms and conditions are being complied with.
2. Agent
The Requester appoints SANTK as its agent to copy and supply the Requested Recording to the Requester upon these terms and conditions.
3. Term
Subject to clause 7, the Requester shall be bound by these terms and conditions from the date SANTK receives the Request Form duly executed by the Requester.
4. Payment
The Requester agrees to pay SANTK its applicable charges (plus GST, if any) for the copying and supply of the Requested Recording.
5. Intellectual Property
5.1 Copyright in the Requested Recording, any underlying copyright works and in all copies modifications or alterations thereof, shall remain the property of SANTK, Radio New Zealand Limited or its or their licensors at all times.
5.2 The Requester shall not use the Requested Recording for any purpose other than the Stated Purpose without the prior written consent of SANTK.
5.3 The Requester shall not copy, modify or alter the whole or any part of the Requested Recording without the prior written consent of SANTK.
5.4 The Requester agrees that payment of SANTK’s charges does not imply or constitute any purchase, assignment or transfer of any intellectual property rights in the Requested Recording.
5.5 If requested by SANTK as a condition of the supply of the Requested Recording, the Requester undertakes to obtain all necessary consents from the owners of third party copyright works included in the Requested Recording for the use of the Requested Recording by the Requester. In that case, the Requester shall obtain all such consents before using the Requested Recording for the Stated Purpose.
5.6 On a case by case basis, SANTK may agree, subject to the payment of additional fees and to any additional conditions it may require, to obtain third party copyright consents for the use of the Requested Recording by the Requester.
6. Warranty And Indemnity
6.1 The Requester warrants and undertakes that the copying, supply and its use of the Requested Recording is for the purpose of and shall be limited solely to the Stated Purpose.
6.2 The Requester shall indemnify and keep indemnified SANTK and Radio New Zealand Limited and their employees, officers and agents from and against all claims, suits, demands, actions, losses, costs and expenses of whatsoever nature in connection with or arising out of any breach of these terms and conditions, the making, supply or use of the Requested Recording or infringement of intellectual property rights of any person.
6.3 Except as expressly provided in these terms and conditions, all representations or warranties (statutory, express or implied), except any which may not lawfully be excluded, are expressly excluded, including without prejudice to the generality of the foregoing, any implied warranties of merchantability and fitness for a particular purpose.
6.4 Where the Requested Recording is sought for use by or for the purpose of a business, the Requester acknowledges and agrees that it is acquiring the Requested Recording for the purposes of a business and accordingly the provisions of the Consumer Guarantees Act 1993 will not apply to such supply.
6.5 This clause 6 shall survive any cancellation, expiry or termination of this Agreement.
7. Termination
7.1 Without prejudice to any claims or remedies that SANTK may have, if the Requester:
(a) breaches any of these terms and conditions; or
(b) commences liquidation, has a receiver or receiver and manager appointed to it or any part of its assets, enters into a scheme of arrangement with creditors or suffers any other form of insolvency or external administration, the agreement between SANTK and the Requester and the Requester's right to use the Requested Recording shall immediately terminate.
8. Assignment
8.1 The Requester shall not assign its rights and obligations under these terms and conditions under any circumstances.
9. Governing Law
These terms and conditions shall be governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction in any proceedings relating to it or arising out of it.
