- (a)The User warrants to the Powerhouse Museum that to the best of his/her knowledge the User is the sole owner of the Work and all related intellectual property and that neither the Work nor the exercise of any rights or licences granted under this agreement will:
- (i)infringe any intellectual property rights of any third party;
- (ii)defame any third party;
- (iii)be obscene, false, defamatory, offensive or illegal; or
- (iv)contain software viruses or any other computer code, files or programs designed to disrupt or damage the operation or functionality of any computer software or hardware or telecommunications equipment.
- (b)The User will indemnify and hold the Powerhouse Museum harmless from all claims, damages and expenses (including legal costs) arising from the User‚Äôs breach of any representation or warranty contained in this agreement. The Powerhouse Museum may at any time remove or cease providing access to any Work that is alleged to be (or that the Powerhouse Museum believes to be) in violation of any of the foregoing warranties.
The User grants a perpetual, royalty-free, non-exclusive licence to the Powerhouse¬†Museum to the copyright in the Work for the purposes of reproducing, displaying, transmitting, sub-licensing and communicating the Work to the public via the Australian Dress Register website, other related websites and/or printed promotional material (including but not limited to posters and newsletters), in whole or in part.
Pursuant to the licence in clause 3, Powerhouse Museum may sub-license the Work to third parties without notice to the User. A sub-licence of the Work to a third party will be limited to use of the Work for educational and non-commercial purposes only.
The Powerhouse Museum will publish the name of the User that uploaded the Work on the Australian Dress Register.
The User agrees that the Powerhouse Museum may modify the Work as necessary to convert it to a digital format.
7.TERM AND TERMINATION
This Agreement will continue until the Work is removed from the Australian Dress Register website by the User or by the Powerhouse Museum. Clauses 2 and 3 will survive the expiration or termination of this Agreement. All sub-licences granted by the Powerhouse Museum will continue in effect following the termination of this Agreement.
8.RELATIONSHIP OF PARTIES
The User and the Powerhouse Museum are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise or employment relationship between the parties.
This Agreement is governed by the laws in force in the state of New South Wales, Australia. The User agrees to submit to the exclusive jurisdiction of the Courts of New South Wales.
If any of the terms of this Agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms shall continue in full force.
This Agreement may be amended from time to time by the Powerhouse Museum by publishing variations on the Australian Dress Register website. The User accepts that by doing this the Powerhouse Museum has provided the User with sufficient notice of the variation.
This Agreement constitutes the complete understanding of the parties.