1880

NEW ZEALAND GAZETTE, No. 70
4 JUNE 2013

Additionally, when the purpose of the application is clearly defined as Industry Good and is not in any way associated with competitive market related activity, LIC at its sole discretion may determine to sponsor such access as part of its contribution to the betterment of the New Zealand dairy industry.

In accepting the core data, the Applicant acknowledges LIC’s charging methodology and agrees to the following terms:

Licence Terms

1. These licence terms apply to any person or entity (the "Applicant") receiving core data (the "Core Data") pursuant to a decision of the New Zealand Dairy Core Database Access Panel (the "Panel") (as defined in the Dairy Industry (Herd Testing and New Zealand Dairy Core Database) Regulations 2001 or any amendment Regulations (the "Regulations")) who uses (or seeks access to with intention to use) any Core Data for:

(a) the research into, development of and/or the creation of any tangible or intangible, choate or inchoate:

(i) good, product, service, thing, matter, substance, article, work, device, invention or right;

(ii) subject matter whether within clause (a)(i) or otherwise that is capable of being protected by any intellectual property right, including (without limitation) copyright, trademark, and/or patent; and/or

(iii) subject matter whether within clause (a)(i) or otherwise which the Applicant has or will have or is reasonably capable of obtaining proprietary rights in respect of;

(b) any other activity or actual or intended use;

being for a purpose that is not in direct competition (at the time the Core Data is made available to the Applicant) with LIC’s Herd Recording, Herd Testing or Artificial Breeding Services.

2. These licence terms are in addition to any:

(a) other applicable terms and conditions relating to the supply of Core Data irrespective of whether those conditions of supply are specified by the Panel or LIC; and/or

(b) agreement in respect of the supply of Core Data to the Applicant entered into between LIC and the Applicant.

3. LIC as licensor grants to the Applicant a non-exclusive and non-transferable licence to use the Core Data. Such use for the purpose of these licence terms will be limited to the right to develop, market, sell and licence any activity, product, goods, 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").

4. The Applicant will pay a royalty to LIC 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.

5. 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 LIC 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).