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2015-03-03 Planning & Organisation Agenda

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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA   3 MARCH 2015




                                                   Page 121 of 147

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                                            3 MARCH 2015

                7     INTELLECTUAL PROPERTY

                7.1   Intellectual Property in Council material
                   a)  The Council will retain ownership of all material provided by it to NBRF, including intellectual
                        property in that material, but grants NBRF a licence to use, reproduce, adapt and exploit the
                        material only for the purposes of this Deed and in accordance with any conditions or
                        restrictions the Council may notify to NBRF;
                    b) Council may authorise the use of its logo as appropriate but will retain ownership of the
                        logo. The logo is not to be used unless expressly approved by the Council or its delegated
                       officer.
                   c)   Upon the end of the Term or earlier termination of this Deed, NBRF may retain all Council
                        material remaining in NBRF’s possession, unless otherwise notified by the Council; and
                   d)   NBRF agrees to keep safely Council material provided to NBRF for purposes of this Deed and
                       to abide by any obligations of privacy and confidentiality to which Council may be bound in
                        law.

                7.2   Intellectual Property in NBRF programpmaterial
                   e)  Subject to this clause, intellectual property in material. created for the purpose of this Deed
                       or provided to Council vests immediately in NBRF.
                   f)   NBRF grants to the Council a permanent, irrevocable, royalty-free, worldwide, non-exclusive
                        licence (including a right of sub licence) to Use, reproduce, communicate, adapt and exploit
                        intellectual property in the material.

                7.3   Dealing with IntellectuahProperty
                       NBRF:
                      a)  Agrees, if requested by the Council to do so, to bring into existence, sign, execute or
                          otherwise.deal with any documentwhich may be necessary or desirable to give effect to
                          this clause; and
                      b), Warrants that it is.entitled, or will be entitled at the relevant time, to deal with the
                          intellectual propertyin accordance with this clause.

                7.4   Consent to,Specified Acts
                NBRF agrees:

                   a)  To obtain from each author of any material created for the purpose of this Deed a written
                       consent to the Specified Acts (whether occurring before or after the consent is given) which
                       extends directly or indirectly to the performance of the Specified Acts by the Council or any
                        person claiming under or through the Council.
                    b) To obtain from each author of any material a written consent to the Specified Acts (whether
                       occurring before or after the consent is given) which extends directly or indirectly for the
                       Council’s benefit in relation to the Council’s licensed use of such material; and
                   c)   Upon request, to provide the executed original of each such consent to the Council.

                In this clause, “Specified Acts” means any of the following classes or types of acts or omissions by or
                on behalf of the Council, excluding false attribution of authorship:

                Funding Deed — Noosa Biosphere Reserve Foundation Ltd & Noosa Council                       Page 9

                                                                                                           Page 121 of 147
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