Please read these terms and conditions before downloading any of our fillers available for download either from https://fillers.cabinetoffice.gov.uk/ (the “Website”) or via Audiotrack (or any successor to Audiotrack appointed by us) each a “Filler”. You agree to these terms and conditions whenever you download or use a Filler (the “Agreement”).
1.1 In this Agreement, all references to “you” and “your” are references to the person (whether they be an individual, firm, company, corporation, trust or partnership) downloading and using the Filler and all references to “us” and “our” are references to the Minister for the Cabinet Office of 70 Whitehall, London SW1A 2AS (the “Cabinet Office”).
2.1 This Agreement shall commence on the date on which you download a Filler and shall continue until terminated in accordance with its terms (the “Term”).
3.1 The Filler and all intellectual property rights in that Filler including any trademarks, service marks copyright, trade or business names and other similar rights or obligations, including any applications for those rights, whether registerable or not, in any country, including but not limited to the UK, belong to the Cabinet Office.
3.2 We grant to you a non-exclusive, royalty-free licence to use each Filler without alteration on a radio show, podcast or other audio broadcast within the UK for the duration of the Term on the terms set out in this Agreement.
4.1 We may notify you that we wish to withdraw a Filler from use at any time for any reason, and that we need you to delete that Filler.
4.2 Once we have issued notice that we have withdrawn the Filler the licence granted under this Agreement shall be revoked and this Agreement shall terminate.
4.3 We shall be entitled to terminate this Agreement for any other reason by giving you notice.
5.1 Notice of termination shall be sent via your usual means of communication with us which shall be:
5.1.1 instructions to the email address you have provided to us when you registered on the Fillers website (using Mailchimp) ; and/or
5.1.2 in the form of a written instruction issued to you via Audiotrack.
6.1 In the event this Agreement terminates:
(a) all rights granted to you under this Agreement shall automatically terminate and revert to us; and
(b) you shall cease to use the Filler with immediate effect and shall delete the Filler from your system.
7.1 You shall ensure that the Filler is identifiable as such and retains its original file name throughout the Term. You shall not use the Filler in any way which would allow it to become generic, lose its distinctiveness, become liable to mislead the public, or be materially detrimental to or inconsistent with the good name, goodwill, reputation and image of the Cabinet Office.
7.2 You shall not obtain or claim any right, title or interest in or to the Filler except the rights of use set out in this Agreement.
7.3 For the avoidance of doubt you shall have no right (without our prior written consent) to use any other intellectual property owned by the Cabinet Office other than the Filler.
8.1 You shall not make any changes or improvements to the Filler without our prior written consent.
9.1 You shall hold us harmless from all claims, demands, actions, costs, expenses, losses, damages and all other liabilities arising from or incurred by you relating to the Filler or your use of the Filler.
10.1 This Agreement does not create a partnership or joint venture between us, nor any relationship of principal and agent, nor authorise any party to make or enter into any commitments for or on behalf of the other party or allow you to claim or imply that your product is in any way endorsed by us.
10.2 We may update the terms of this Agreement from time to time and shall publish the updated terms on the Website. You agree to these updated terms and conditions by your continued use of the Filler.
10.3 This Agreement shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the courts of England and Wales.