✨ Licence Terms Continuation
28 JULY 2006
NEW ZEALAND GAZETTE, No. 86
2673
good, service and/or other subject matter derived from the Applicant’s use of the Core Data
as contemplated by clause 1 (the “Products and Services”).
The Applicant will pay a royalty to Livestock Improvement of 5% of the Gross Income
received by the Applicant from the Products and Services (“Royalty” or “Royalties”). The
Royalty payable is irrespective of however Products and Services are marketed, sold,
licensed or otherwise dealt with or used to create income (directly or indirectly) by the
Applicant or an Associate of the Applicant.
The term “Gross Income” for the purposes of these licence terms means:
(a) the Applicant’s income (at invoice values); and/or (as the context permits)
(b) a fair market value (as determined by Livestock Improvement in its reasonable
opinion) for any non-monetary consideration or use;
received for, or in respect of, Products and Services net of any goods and services tax, value
added tax, freight and insurance, applicable to the particular Products and Services (if
payable by the Applicant).
The term “Associate” for the purposes of this licence means any person or entity that, directly
or indirectly, through one or more intermediaries controls, is controlled by, or is under
common control with, the Applicant. A person or entity controls an entity if a person or entity
directly or indirectly possesses the power to:
(a) appoint the majority of the directors or trustees of the entity; or
(b) otherwise direct or cause the direction of the management, policies, or powers of
the entity.
The Applicant will ensure that any (and each) Associate is bound by the terms of this licence
as if the Associate were the Applicant.
Any reference to the Applicant in this licence includes a reference to an Associate.
The Applicant will keep true and particular records and accounts of all Products and Services
developed, sold, licensed or otherwise dealt with, or used to create income (directly or
indirectly) by the Applicant. Within thirty (30) days of the last day of January, April, July and
October of each year, the Applicant will deliver a written report containing:
(a) full particulars of the number of Products and Services developed, sold, licensed or
otherwise dealt with or used to create income (directly or indirectly) during the
preceding three (3) month period up to the last day of January, April, July or
October as the case may be; and
(b) the calculation of the Royalty due for the relevant period;
to either:
(c) Livestock Improvement; or
(d) Livestock Improvement’s Database Applications Administrator (the “DAA”) where
the Applicant has not waived confidentiality pursuant to Regulation 25.
The correctness and completeness of each such report will be certified to in writing by the
Applicant if a natural person, or by a director or officer of the Applicant if the Applicant is an
entity other than a natural person.
With each report contemplated by clause 9, the Applicant will remit to Livestock Improvement
Royalties due and payable to Livestock Improvement without deduction or set-off.
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 2006, No 86
Gazette.govt.nz —
NZ Gazette 2006, No 86
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Pricing Methodology for Access to Core Data
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🌾 Primary Industries & ResourcesDairy Industry, Core Data, Pricing Methodology, Licence Terms, Intellectual Property, Research & Development, Commercial Use, Royalty Charges