To access Pathways content, we require your consent to the following:
I ACKNOWLEDGE THAT:
A. My acceptance of these terms and conditions, countersigned by the AWG, operates as a Deed between the AWG and me (“this Deed”).
B. The loglines, synopses, treatments and/or scripts (“the Work”) I access and read on the Pathways Database will solely be for the purposes of potentially becoming attached to the Work for its production.
C. In so doing, I agree that I may acquire access to confidential ideas, material and/or information contained within the Work which I would not otherwise have had access to (as further defined under clause 1, the “Confidential Information”).
D. This deed sets out the terms under which I agree to deal with the Confidential Information.
IT IS AGREED:
1. “Confidential Information" means any ideas, material and/or information of any kind whatsoever not already in the public domain contained in the Work owned by the relevant copyright owner (the “Owner”).
2. I acknowledge and agree that:
2.1 I am receiving the Confidential Information from the Owner on a confidential basis;
2.2 I will treat the Confidential Information as confidential;
2.3 I will not disclose, permit the disclosure, use and/or permit the use of the Confidential Information in any manner to any person without the Owner’s prior written consent;
2.4 I will ensure that all of my agents and/or employees who are made aware of the Confidential Information do so on terms which reflect the terms of this Deed; and
2.5 I will not directly and/or indirectly make any use of the Confidential Information without further written agreement with the Owner, for any purpose other than as contemplated by this Deed or otherwise than to comply with my obligations to the Owner.
3. I may only disclose the Confidential Information when, but only to the extent that, details of the Confidential Information are:
3.1 Generally and publicly known and available other than as a result of any act, omission or circumstance caused by myself; or
3.2 Required by law to be disclosed or made use of (and then only if I have secured execution by the required recipient of a deed of confidentiality in the same terms as the confidentiality requirements of this Deed).
4. In the event that any part of the Confidential Information is substantially similar to a project I have in any stage of development or production prior to the disclosure of the Confidential Information, nothing in this Deed prevents me from disclosing the similarities I identify to a third party with an interest in the relevant project or a requirement to know about the project details including but not limited to broadcasters, investors, distributors, commissioning platforms and/or development or production partners. I will provide equal disclosure of the similarities I have identified to the Owner of the Work. For the avoidance of doubt this exception to the obligations imposed by Clauses 1 to 3 shall not be interpreted as giving authority to myself to disclose the Work in its entirety.
5. In the event of a breach and/or threatened breach of the terms of this Deed by me, the Owner and/or the AWG will be entitled (at the option of either) to apply for an injunction restraining me from committing any breach and/or further breach of this Deed without the need under this Deed to show or prove any actual damage suffered by the Owner or the AWG;
5.1 My obligations under this Deed will survive the discontinuance by my evaluation of, and familiarisation with, the scripts accessed by me from the Pathways Database; and
5.2 The awg.com.au agents, executors and assigns.
6. I warrant that any physical and/or electronic copies of Works will only be used solely by me for the purpose of potentially becoming attached to the script for its production and will not be communicated, transmitted nor disclosed to any third parties.
7. I indemnify the Owner of the Work and/or the AWG against any breach of any warranty given by me under this Deed.