This Licence Agreement (Agreement) is between you as licensee (You) and The Catholic Weekly Press Newspaper Company Pty Ltd (Licensor) and governs your use of the Licensor’s images contained on this site (Images). Your purchase or use of any Images contained on this site signifies your acceptance of these terms and conditions.

1. Licence
Subject to the terms of this Licence, the Licensor grants to You a non-transferable, non-exclusive right to use and reproduce in whole or in part the Images contained on this site solely to the extent explicitly stated in this Agreement.

2. Permitted Uses and Restrictions on Use
(a) Images may be cropped or rotated provided that the editorial integrity of the Image is not compromised. Images however shall not under any circumstance be otherwise altered, changed or tampered with without the express written permission of the Licensor.
(b) Unless a separate licence agreement is entered into with the Licensor, You may not use any Image for any commercial, promotional, advertising or merchandising use including use within print media or editorial publications.
(c) You may not distribute, post or upload Images online in a downloadable format.
(d) Images must not be incorporated into any logo, trade mark or design.
(e) You must not onsell, licence or distribute any Images or make any Images available in a manner which may allow or invite third parties to download or extract such Images.
(f) You must not use any Images in a pornographic, defamatory, libellous or otherwise illegal or unlawful manner, whether directly or in combination with other material.

3. Assignment
You must not sublicence, sell, assign, convey or transfer any of your rights under this Agreement.

4. Indemnity
You agree to indemnify and hold the Licensor harmless from and against all claims, losses, damages, costs and expenses arising out of or in connection with any breach of this Agreement by You or anyone acting on your behalf.

5. Warranties and Liability
(a) The Licensor warrants that it has all necessary rights and authority to enter into and perform this Agreement.
(b) The Licensor makes no other warranties express or implied regarding the Images or their delivery including, without limitation, any implied warranties relating to merchantability or fitness for a particular purpose. The Licensor shall not be liable to You or any other person or entity for any damages, costs or losses in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of this Agreement including, without limitation, your use of, reliance upon, access to or exploitation of the Images, or any part thereof, or any rights granted to you hereunder.
(c) The Licensor makes no warranties regarding the use of names, people, locations, architecture or any other form of expression used in captions attaching to the Images or on the Licensor’s website generally. The Licensor has made reasonable efforts to correctly caption and categorise the Images, however the Licensor does not warrant the accuracy of such information.
(d) You warrant that you will immediately notify the Licensor if you become aware or suspect that any third party is wrongfully using any Images, in whole or in part, or is violating any of the Licensor’s intellectual property rights.

6. Termination
(a) If You fail to comply with any provision of this Agreement, this Agreement shall terminate automatically without further notice to You.
(b) Upon such termination You must immediately:
(i) stop using the Images;
(ii) return the Images to the Licensor (if so requested); and
(iii) delete the Images from your premises, computer systems and storage.

7. Payment
You are not granted any right to use the Images until payment of the Images has been finalised.

8. Commercial Use
(a) Should You wish to use any Images for a commercial, promotional, advertising or merchandising use or any further use not permitted under this Agreement, You must contact the Licensor to discuss entering into a separate agreement to govern the terms of such use.
(b) You can contact the Licensor by:
(i) telephone on (02) 9390 5400; or
(ii) email to cwadvert@catholicweekly.com.au.
(c) You must provide the Licensor with details of the Images that you wish to use and the specific use to which you will put them.
(d) The fee payable in relation to such Images and for such use will be determined by the Licensor in its discretion on a case by case basis taking into account commensurate market rates.

9. Waiver or Variation
(a) A party's failure or delay to exercise a power or right does not operate as a waiver of that power or right.
(b) The exercise of a power or right does not preclude:
(i) its future exercise; or
(ii) the exercise of any other power or right.
(c) The variation or waiver of a provision of this Agreement or a party's consent to a departure from a provision by another party will be ineffective unless in writing executed by the parties.

10. Severability
If any clause or part of a clause of this Agreement is invalid, illegal, unlawful or otherwise incapable of enforcement, that clause or part of a clause will be deemed to be severed from this Agreement and of no force and effect, but all other clauses and parts of clauses of this Agreement will nevertheless prevail and remain in full force and effect and be valid and fully enforceable and no clause or part of a clause of this Agreement will be construed to be dependent upon any other clause or part of a clause unless so expressed.

11. Governing Law and Jurisdiction
(a) This Agreement is governed by the laws of New South Wales.
(b) Each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales.

12. Further Assurance
Each party will from time to time do all things (including executing all documents) necessary or desirable to give full effect to this Agreement.

13. Whole Agreement
This Agreement embodies the whole agreement between the parties relating to the subject matter of this Agreement and supersedes any and all oral and written negotiations and communications by or on behalf of any of them. The parties have not, in entering into this Agreement, relied upon any warranty, representation or statement, whether oral or written, made or published by any other party or any person on behalf of any other party or otherwise in connection howsoever with the subject matter of this Agreement, except such as are expressly provided herein and subject thereto have relied entirely upon their own enquiries relating to the subject matter of this Agreement. The parties agree that to the extent that each of them may exclude any warranties or conditions which might otherwise be implied in connection with this Agreement or the subject matter of this Agreement by any competent legislation, then each party expressly excludes from application all such implied warranties and conditions.