1. These terms are an agreement between you (Licensee) and Brendan Barnacle Duck (the Licensor). Subject to the balance of this agreement, come into effect upon your taking possession of the whole or a part of the work named “Free (as in Beer)”, the part you take, or seek to take, possession of is called the Work in this agreement. Title in the work named “Free (as in Beer)” and in each part of that work (including each bottle and the contents of each bottle) remains at all times with the Licensor, no title in any part is transferred or encumbered except as expressly set out in this agreement.
2. Licensee must not possess the Work if: (a) Licensee is not able to enter into a binding agreement with Licensor; (b) such possession or the taking of possession would result in any illegality; or (c) any part of this agreement would not be enforceable against Licensee. Otherwise, Licensee may possess the Work subject to these terms and conditions.
3. Licensee must ensure that any notices attached to the Work by the Licensor remain attached to the Work.
4. Licensee must not, without Licensor's prior written consent:
(a) give possession of the Work to any person other than the Licensor;
(b) criticise the Licensor or any statement made by Licensor;
(c) display the Work in public;
(d) act in any manner so as to adversely affect the freedom or liberty of any person or with the intention of adversely affecting a person's freedom or liberty;
(e) authorize any person to do any of the acts above.
5. This Agreement applies only to right to the immediate possession of the Work. No licence is granted nor is to be implied other than in respect of that right
6. Licensee is a bailee of the Work and must ensure that notices are located near the Work to make it clear that the Work is and remains the property of Licensor. Risk in the Work passes to Licensee on the Licensee first taking possession of the Work. Licensee must insure the work against loss or damage in an amount of the greater of (a) $100,000; and (b) the market value of the Work. Licensee must ensure that Licensor's interest is noted on the insurance policy. Licensee must provide reasonable assistance to Licensor to enable Licensor to register a security over the Work in the Personal Property Securities Register.
7. To the extent permitted by law, Licensor excludes all warranties, guarantees and conditions that would otherwise be implied into this Agreement by law. Where Licensor is not able to exclude such a warranty, guarantee or condition, Licensor limits, to the extent permitted by law, their liability for a breach of that warranty, guarantee or condition to one or more of the following at its option:
(a) in the case of goods, any one or more of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods;
(iv) the payment of the cost of having the goods repaired; and
(b) in the case of services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
8. Licensor has no liability to any person arising under or in relation to this agreement (whether in tort, contract, equity or otherwise) for any loss in the nature of consequential or economic loss. The exclusions in this clause 8 apply even in respect of loss or damage that was foreseeable or about which either or both of the parties were aware was likely to arise.
9. The total aggregate liability of Licensor for all loss or damage in respect of all claims arising out of or in relation to this agreement or out of or in relation to the relationships contemplated by this agreement whether arising in tort (including negligence), contract, equity or otherwise is limited to the $5. Licensee must indemnify Licensor against all loss or damage suffered by Licensor arising out of, or in relation to, this agreement.
10. Licensor may terminate this Agreement by notice in writing if the Licensee is in breach of any term of this Agreement. Licensor may, but is not required to, permit Licensee to remedy any breach of this Agreement prior to exercising Licensor's right to terminate. Upon termination of this Agreement Licensee must return the Work to Licensor and Licensee irrevocably permits Licensor to enter any premises owned or controlled by Licensee to recover or retrieve the Work or to search for the Work.