END USER LICENCE AGREEMENT

Please read the following terms and conditions carefully and be aware You will have obligations, including the duty to observe the legal and moral rights of the person who provided the oral history, and of the National Library. If You wish to use the recordings in a public way not specifically defined by this licence, You must seek permission for that purpose from the National Library.

Permission to use material in the Oral History Collection is conditional on You accepting the terms of the licence set out below.

If You accept the terms, please click on the 'I Accept' button at the end of the licence. By clicking 'I Accept' You accept and agree to the terms of the licence.

The material in the Oral History Collection is subject to copyright. All rights that are not specifically granted to You by this licence are therefore reserved.

1 Grant of Licence

1.1 The National Library grants You a non-exclusive, revokable, non-transferable licence to use the Licensed Material in accordance with the terms of this Licence for the following purposes:

1.1.1 Research and Study

1.1.2 Education

1.1.3 Other non-commercial and non-public purposes.

1.2 This Licence is free of charge.

1.3 You acknowledge that:

1.3.1 The Licensed Material is valuable to the National Library, which wishes to ensure that making the Licensed Material available does not have an adverse impact on the Licensed Material or the reputation of the individuals who contributed to the Licensed Material.

1.3.2 The National Library offers to make the Licensed Material available on the terms of this Licence in order to meet its objective to ensure that resources of national significance relating to Australia and the Australian people are made accessible.

1.4 In consideration for the National Library providing You access to the Licensed Material, You accept and agree to be bound by the terms of this Licence. This Licence is granted if and when you click 'I Accept'.

1.5 You agree that you will not sub-license, assign, transfer, distribute, pledge, lease, rent or share your rights under this License except with the prior written approval of the National Library.

2 Intellectual Property and Ownership

2.1 This Licence does not affect the title, ownership or intellectual property rights in the Licensed Material.

2.2 You acknowledge that the Licensed Material is the subject of copyright. You must not at any time do, permit or authorise any act that infringes the copyright in the Licensed Material. (For example you must not reproduce the Licensed Material, publish the Licensed Material, perform the Licensed Material in public, communicate the Licensed Material to the public, make an adaptation of the Licensed Material, enter into a commercial rental arrangement in respect of the Licensed Material or authorise a third party to do any of those things.)

2.3 Nothing in this Licence limits any rights under the fair use provisions of the Copyright Act.

2.4 You must not remove, obscure or alter any logo, copyright or other proprietary notice included in the Licensed Material.

2.5 You acknowledge that the Licensed Material is the subject of Moral Rights. You must not at any time do, permit or authorise any act that infringes the Moral Rights in the Licensed Material. (For example you must not treat the Licensed Material in a derogatory manner, falsely attribute the Licensed Material or fail to attribute the Licensed Material to the author or performer).

3 Requests for other rights

3.1 Requests for further rights in respect of Licensed Material (such as a right to publish, reproduce, broadcast or perform the Licensed Material) may be made to the National Library via https://www.library.gov.au/services/copyright-library-collections/how-tell-library-you-intend-publish-copy-collection-item.

4 Disclaimer

4.1 You acknowledge that the views and opinions expressed by the interviewees in the oral history collection are those of the interviewee only, and in no way reflect the views and opinions of the National Library, including its employees, agents and contractors.

4.2 You acknowledge the National Library does not guarantee the accuracy or completeness of the supplied transcripts.

5 Your obligations

5.1 You must:

5.1.1 Cite the interview appropriately, nominating the Interviewee as author, include the title of the Interview as described in the National Library's catalogue, and include the National Library's collection number prefixed by "Oral TRC".

5.1.2 Attribute the National Library's provision of the Licensed Material in any forum (including research papers, publications and interviews) in which You refer to the Licensed Material or information that You obtained from the Licensed Material.

5.1.3 Promptly inform the National Library in writing of any complaint that you receive concerning the use or disclosure of the Licensed Material.

5.1.4 Comply with any reasonable direction given by the National Library in relation to a complaint received by either party concerning the use or disclosure of the Licensed Material.

5.1.5 Promptly inform the National Library in writing if the Licensed Material is, or could reasonably be, considered to be defamatory.

5.1.6 Comply with the Copyright Act, the Privacy Act, and any other statute, regulation, by-law, ordinance or subordinate regulation that applies to the use or disclosure of the Material.

5.2 You must, at the National Library's request, do the following:

5.2.1 Inform the National Library in writing about Your use of the Licensed Material.

5.2.2 Destroy all copies of Licensed Material in Your possession, power or control.

5.2.3 Destroy any National Library Confidential Information in Your possession, power or control.

5.3 You must not:

5.3.1 Use the Licensed Material in a manner that is defamatory, vulgar, obscene, unlawful or otherwise objectionable.

5.3.2 Publish, transmit or broadcast the Licensed Material in any form, including on an electronic network (including the Internet), without the National Library's prior written consent. The National Library, in its sole discretion, may reasonably or unreasonably refuse to provide this permission.

5.3.3 Use the Licensed Material for any purpose other than a purpose permitted by this Licence.

6 Indemnity

6.1 You indemnify the National Library for any cost, liability, loss, damage, claim or expense (including legal costs on a full indemnity basis) incurred by the National Library as a result of, or arising out of, or in connection with any of the following:

6.1.1 Any breach of this Licence by You.

6.1.2 Anything done or not done by Your Representative which, if done or not done by You, would be a breach of this Licence.

6.1.3 Any unauthorised use of the Material by You, any of Your Representatives or any person who received the Material from You or any of Your Representatives.

6.1.4 Any breach of intellectual property rights (including moral rights and performance rights) by You, or authorised by You.

7 Warranty

7.1 The National Library makes no representations or warranties of any kind, express or implied, including but not limited to, warranties of accuracy, merchantability or fitness for a particular purpose.

8 Exclusion of liability

8.1 To the extent permitted by law, the National Library is not liable for any cost, liability, loss, damage, claim or expense incurred by You as a result of, or arising out of, or in connection with Your use of, or inability to use, the Licensed Material, or otherwise in connection with this Licence.

9 Termination

9.1 The National Library may terminate this Licence at any time.

10 Survival of obligations

10.1 Your obligations and warranties are perpetual and survive termination.

11 Governing law and jurisdiction

11.1 This Licence is governed by the law of the Australian Capital Territory. The parties submit to the non-exclusive jurisdiction of its courts and courts of appeal from them. The parties will not object to the exercise of jurisdiction by those courts on any basis.

12 Remedies cumulative

12.1 The rights, powers and remedies set out in this Licence are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this document.

13 Severability

13.1 If a clause or part of a clause of this Licence can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this Licence, but the rest of this Licence is not affected.

14 Waiver

14.1 The fact that a party fails to do, or delays in doing, something the party is entitled to do under this Licence, does not amount to a waiver of any obligation of, or breach of obligation by, another party. A waiver by a party is only effective if it is in writing. A written waiver by a party is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

15 Definitions

15.1 Copyright Act means the Copyright Act 1968 (Cth).

15.2 National Library means the National Library of Australia.

15.3 Licence means the licence that is created if You click 'I Accept'.

15.4 Licensed Material means the material available from the National Library's Oral History and Folklore collection (in whatever format).

15.5 Moral Rights means rights of integrity of authorship, rights of attribution of authorship, rights not to have authorship falsely attributed, and rights of a similar nature anywhere in the world.

15.6 Privacy Act means the Privacy Act 1988 (Cth).

15.7 Related Entity in respect of a person means any person who is an associate of that person under section 318 of the Income Tax Assessment Act 1936.

15.8 Representative means any director, officer, employee, agent, contractor, financier, professional adviser or Related Entity of a party.

15.9 You means you, the licensee, or, if you are entering this Licence on behalf of another legal entity, means that entity and you as a representative of that entity collectively.