1) PARTIES TO THIS LICENCE AGREEMENT
The licensor is British Pathé Ltd of The Media Centre, 3 Carburton Street, London W1W 5AJ (hereinafter called 'Licensor').
The licensee is the museum, library, gallery or archive which ticks the 'terms agreed' tab below (hereinafter called 'Licensee').
2) NAME, PURPOSE AND ADDRESS OF LICENSEE
Licensee certifies that they are a museum, library, gallery or archive operating from the address stated in the particulars provided by Licensee.
3) GRANTING OF LICENCE
Licensor agrees to grant a licence (hereinafter called 'Licence') to Licensee and Licensee agrees to enter into the Licence subject to the terms set out herein.
4) PURPOSE AND LIMITATIONS OF THIS LICENCE
(i) This Licence permits (a) Licensee to download from the Licensor's website www.britishpathe.com moving image files in broadcast-quality and still photograph files (hereinafter collectively called 'Image Files') and (b) to display the contents of such Image Files to visitors and staff of Licensee on the single premises of Licensee in accordance with information provided by Licensee and as referred to in 2) above.
(ii) Licensee is only permitted to download and display Image Files in accordance with (4i) above and shall neither download nor display Image Files and shall not permit any other party to do the same, except to achieve the objectives stated in (4i) above.
(iii) The Image Files are covered by copyright. Licensor is the owner of all Image Files and the copyright appertaining to these Image Files.
(iv) Licensee is granted the rights as set out above only for the duration that Licensee has a valid Licence to enjoy such rights, as set out in 6) below.
(v) Licensee shall be allowed to use and edit Image Files in combination with other filmed material provided such use does not breach the provisions of (4i) above.
(vi) On request by Licensor, Licensee shall provide all information reasonably requested of Licensee as to what Image Files have been downloaded by Licensee and the location of the storage of such downloaded Image Files. The Licensor shall provide Licensee access to such files for the purposes of verification.
5) LICENCE FEE AND PAYMENT FOR THIS LICENCE
(i) The fee for the Licence is £70 (seventy pounds) per month, plus VAT.
(ii) Payment of the Licence fee will be made monthly by banker's standing order.
(iii) Licensee will print out the banker's standing order form from the http://www.britishpathe.com/museums website, complete the required information, sign where indicated and mail back to Licensor at the address stated on the standing order form.
6) DURATION OF LICENCE
(i) Subject to the provisions of (6v) below, Licence will commence within five business days of Licensee ticking the 'terms agreed' box at the foot of this Licence agreement and submitting it to Licensor, by which time, subject only to (6v) below, Licensor will have received confirmation by email that Licensor can access the facilities to be provided under this agreement.
(ii) This Licence will continue at the monthly fee per (5) above save that Licensee may terminate at any time, advising by email to subscriptions@britishpathe.com and simultaneously cancelling their banker's standing order.
(iii) Provided that Licensee does not interrupt their subscription then Licensor agrees not to increase the £70 monthly (plus VAT) subscription rate prior to 1st February 2014.
(iv) Should Licensee breach any of the terms of this agreement or should Licensor have reasonable grounds to believe a breach has or is going to take place, or should Licensee have provided Licensor with inaccurate information, then Licensor will have the right to terminate this agreement, reserving all their rights in respect of the same.
(v) Licensor shall at their sole discretion have the right to accept or not accept to license Licensee. If Licensor opts not to licence Licensee then Licensor shall advise Licensee by email within five working days of Licensor having submitted this electronic document to Licensor.
7) EFFECTS OF TERMINATION OF LICENCE
Upon the termination of the Licence, Licensee shall cease to have any right to use any Image Files, shall delete all Image Files and shall destroy all still photographs to the extent that they are in hard copy form.
8) GOVERNING LAW
This Licence agreement shall be interpreted in accordance with the laws of England.