6. Intellectual Property and use of your User Content
6.1 Unless otherwise indicated, the intellectual property rights in the System and all materials (including all text, data, graphics, logos, software and any other multimedia) made available via the System (System Content) are either owned by or licensed to us.
6.2 Except to the extent that you and we have agreed alternative confidentiality obligations in agreements directly between you and us, all System Content that we make available for you to access is deemed to be our confidential information and you agree to keep it confidential. We reserve the right to review, edit, move or delete any System Content from the System at any time without notice to you.
6.4 Without limiting any of your rights under other agreements between you and us, to the extent permitted by law, you must not, and must not permit a third party to:
(a) use the System Content for any purpose other than the Permitted Purpose, except with our prior written consent;
(b) copy, transmit, transfer, communicate, disseminate, display, perform, reproduce, publish, license, transfer, or sell, offer to sell, market or otherwise on-distribute the System Content without our prior written consent;
(c) modify or make any alterations, additions or amendments to any part of the System Content;
(d) create derivative works from any System Content, information, software, or services obtained from the System, including to create products or services competitive with our System, products and services;
(e) convert the System Content into a format other than the one in which it was supplied except to the extent reasonably required for you to comply with your obligations under the Scheme;
(f) reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the System Content or the System or reproduce all or any portion of the said components; or
(g) remove, alter, circumvent or tamper with any trade marks, copyright notices, copyright protection devices, disclaimers or other legal notices from the System Content or the System.
6.6 If you:
(a) upload, process, or otherwise make available any data, information, text content or material to the System; or
(b) provide us with any ideas, feedback, concepts or suggested improvements to the System Content or our services (Feedback),
(together, User Content):
(ii) subject to clause 6.6(iii), you grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sublicensable, and transferable, licence to use, store, modify, adapt and publish your User Content in any form for the purpose of:
(A) exercising our rights and performing our obligations under the Scheme Coordinator Agreement and the other Scheme Agreements (as defined in the Scheme Coordinator Agreement) or under service agreements between us and our subcontractors;
(B) for any other purpose required under the Scheme Coordinator Agreement and the other Scheme Agreements (as defined in the Scheme Coordinator Agreement), or otherwise required by or on behalf of the State in connection with the establishment, administration, management, oversight or operation of the Scheme or other container deposit, recycling and product stewardship schemes; and
(C) provided that all User Content is only used, modified, adapted, and/or published, in aggregated and de-identified forms (and such aggregated and de-identified forms do not include, or through manipulation or reconstruction would allow a third party to determine, the Network Operator’s prices, fees, profits, or overall revenue associated with the Scheme), for any other purpose in connection with:
(1) the Scheme Coordinator Agreement and the other Scheme Agreements (as defined in the Scheme Coordinator Agreement);
(2) the establishment, administration, management, oversight or operation of the Scheme or other container deposit, recycling and product stewardship schemes; and
(3) performing and/or improving our products and services.
(iii) the licence under clause 6.6(ii) is limited to the extent required by law and to the extent explicitly agreed in any separate agreement directly between us and you;
(iv) you acknowledge and agree that to the extent User Content is Feedback, it is not your confidential information and, to the extent any intellectual property rights exist in any such Feedback, you (and your licensors) grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sublicensable, and transferable, licence to use, store, modify, adapt and publish such Feedback in any form for any purpose (including to modify, adapt or enhance the System) without reference to you; and
6.8 You acknowledge and agree that we may impose additional reasonable terms and conditions on you, any user of the System or other third parties in connection with the System including prior to you, those users or those third parties (as applicable) accessing the System (or accessing, uploading, or modifying any User Content). We must notify you of any such additional reasonable terms and conditions in accordance with the process specified in clause 1.5.
6.9 You warrant that:
(a) you have all rights and permissions necessary to provide, upload and grant a licence to the User Content to us;
(b) the User Content complies with all applicable laws (including privacy laws);
(c) the User Content does not violate intellectual property rights, confidentiality rights, publicity right or any other rights of any third party; and
(d) the User Content will be true, accurate, correct and complete (or to the extent that you become aware that User Content is not true, accurate, correct and complete you will immediately rectify such issues with the User Content),
6.10 You agree to indemnify us against any loss suffered or incurred by us in relation to any claim or action against us or a third party that:
(a) your User Content infringes the rights of any third party;
(b) the User Content is not true, accurate, correct and complete; and
(c) in relation to any other breach of your warranties specified in clauses 6.9(a) to 6.9(d).
6.11 If you post any User Content to the System, we have the right to remove or modify it at our sole discretion and without notice. We have the right to disclose your identity to any third party who is claiming that any of your User Content constitutes a violation of their rights.
6.12 We are not responsible for and accept no liability with respect to User Content.