DW Audiodepot

Conditions for use of Deutsche Welle's AudioDepot

Section 1 General Provisions

Deutsche Welle (hereinafter called 'DW') is a non-profit public institution for foreign broadcasting regulated by the German federal law "Deutsche Welle Act". The "Deutsche Welle Act" also contains values and ethical principles applicable to and to be observed by DW, in particular in the programming principles (§ 5 Deutsche Welle Act), the statutes on inadmissible offerings (§ 6 Deutsche Welle Act) and in DW’s Declaration of Values. DW’s Declaration of Values was made available to the User. In particular DW stands for the values and principles of freedom, democracy, human rights, the rule of law and cultural diversity.

DW offers radio broadcasters and other legal entities (hereinafter called 'Users') the possibility of using radio programmes on offer from the internet site maintained by it under the name AudioDepot on the basis of the Conditions for Use set out below.

These Conditions for Use including DW´s Declaration of Values (hereinafter called `DoV´ are the complete conditions applying between DW and the User for the supply of radio programmes offered by DW. Provisions deviating from these Conditions for Use will be valid only if they have been confirmed by DW in writing.

By accessing AudioDepot (within the meaning of section 3) for the first time, the User accepts and acknowledges these Conditions for Use and the DoV.

Section 2 Definitions

To the extent that the following terms are used in these Conditions for Use, they have the following meaning:

1. AudioDepot means the totality of the Programmes made available by DW in the internet under the URL http://AudioDepot.dw.com including the data made available by DW under this URL.

2. Broadcast is the transmission of a Programme taken from the AudioDepot, unaltered and complete. A program may be transmitted up to its 'Expiration Date', as listed in the AudioDepot for the program concerned, as long as no other time reference is specified.

3. Availability Date is the date, i.e. the date and the time, when the Programme is put into the AudioDepot by DW and made available for the User, as specified in the AudioDepot under the term 'Availability Date'.

4. Expiration Date means the date, i.e. the date and the time, when the Programme will no longer be available for the User, as specified in the AudioDepot under the term 'Expiration Date'.

5. Programme means each individual radio programme produced by DW that is made available in the AudioDepot for the User in one or more language versions. The term Programme also includes individual contributions to a Programme as well as parts of, or extracts from, it.

6. User is the legal entity that transmits or forwards the Programmes on offer by terrestrial means, via cable (e.g. broadband cable, or other cable networks), IP-based networks or via satellite.

7. 'Deferred Broadcast' means the Broadcast of a Programme after the 'Availability Date' referred to in the AudioDepot for each Programme and until the 'Expiration Date' referred to therein.

8. Registration means registration of the User with the AudioDepot by supplying the data requested on the enrolment page of the AudioDepot (in particular, the company information, contact persons, etc.). Registration will be considered complete only when the User has supplied the details requested in the registration form truthfully and completely.

9. 'Clearance' means DW's written transmission (by fax or e-mail) to the User of a password for the AudioDepot.

10. Listeners are the natural persons who can technically receive the User's offer or offers, whatever is the technical way in which the transmission or forwarding is effected by the User.

11. Licensed Territory is the geographical area in which the radio station or the radio network, which is named by the User in its Registration, broadcasts a Programme and can be received by the User's Listeners.

Section 3 Access to the AudioDepot

1. The preconditions for access to the AudioDepot are (a) Registration of the User by supplying complete and truthful data within the meaning of these Conditions for Use, (b) Clearance by DW pursuant to sub-section 2 and (c) acceptance of these Conditions for Use and DoV by the User through its first registration in the AudioDepot.

2. DW decides in its own discretion if it grants Clearance to User, based on the information given by User within the Registration. If DW decides to grant Clearance, it will send the User its AudioDepot password in writing (by e?mail or fax). There is no right to Clearance and access to AudioDepot.

3. Upon the acceptance of these Conditions for Use by the User pursuant to sub?section 1(c), there will come into existence an agreement between DW and the User regarding the possibility of using the Programmes made available in the AudioDepot on the basis of these Conditions for Use (hereinafter called the 'Agreement').

Section 4 Rights Granted

1. Upon Clearance by DW pursuant to section 3, sub-section 2 and acceptance of these Conditions for Use, the User will acquire the non-exclusive right to select Programmes from the AudioDepot and to broadcast them within the scope of the technical and legal availability of the selected Programme and in accordance with these Conditions for Use, free of charge. Free of charge means: without any charges being made to Listeners for the right to receive and use such Broadcast. In case User intends to charge Listeners for the possibility to receive and use the Broadcast, it shall prior to such Broadcast get DW's special permission in writing.

2. Upon Clearance and acceptance of these Conditions for Use, the User will acquire the non-exclusive right to make a Broadcast in an unaltered and complete form of the Programme(s) selected by it from the AudioDepot and made available by DW by means of the AudioDepot. If and to the extent that it is necessary for such a Broadcast that the Programme is temporarily saved or processed on the User's IT system, the non?exclusive right to do this is also hereby granted.

3. In each case the non-exclusive right to broadcast will be granted for the time between the specified Availability Date and the Expiration Date, although the extent of the rights granted in respect of each Programme will be limited by any special instructions mentioned in the AudioDepot (e.g. in the 'Comment' field of the AudioDepot).

4. DW grants the User the non-exclusive right to use logos and other trademarks authorised by DW to inform the User's customers about DW's Programmes. Any use of DW's trademarks going beyond this is not permitted.

5. The rights are granted only for the Licensed Territory and for the term of this Agreement.

6. All rights that are not expressly granted to the User by these Conditions for Use will remain with DW and may be used only with DW's prior written consent.

Section 5 Obligations of the User

1. The User agrees that it will broadcast the Programme during the period between the Availability Date and the Expiration Date as stated in the AudioDepot and in accordance with the special instructions mentioned in the AudioDepot (e.g. in the 'Comment' field of the AudioDepot). The Broadcast is to be made in an unaltered and complete form.

2. The User must take note of the information on legal restrictions and rights remaining to be clarified as provided in the 'Comment' section of the AudioDepot, and Broadcast within the scope of these special instructions and/or acquire the rights excluded therein for itself.

3. Alterations, cuts or other editing of a Programme, including any synchronisation, the creation of a voice-over version or other transcriptions, require DW's prior written consent.

4. DW's Programmes must be denoted as DW programmes - this means, in particular, that the audio design features (jingles, etc.) and other identifiers contained in the Programmes may not be removed or technically edited, and the User must ensure that these identifiers are made available to the Listeners in the same form as they were supplied by DW. The User must include DW programmes in its programme announcements and other marketing activities as far as possible and, upon request, supply information to DW about this.

5. The User's advertisements and advertisements the User permits a third party to insert into its programming must be clearly identified as such and must be clearly separated from DW programmes.

6. The User must ensure that there is no commercial use of the Programmes and that the Programmes taken out of the AudioDepot are not passed on to third parties for commercial use. Commercial use also includes any Broadcast which is not free of charge according to section 4 sub-section 1 by User or a third party. Any commercial use requires a prior, separate, written agreement with DW.

Section 6 Fee

There is no charge for the granting of the rights that are licensed pursuant to these Conditions for Use. However, should User intend to broadcast the Programme against charge or otherwise use the Programme commercially it shall prior to such use or broadcast reach an agreement with DW on a revenue share for DW.

Section 7 Duty to Supply Information

1. The User will make available to DW all analyses and surveys of its Listeners and potential Listeners and the ways in which they use its broadcasts without charge.

2. After one month after its first access to the AudioDepot and thereafter every 12 months, the User will give DW information regarding the matters asked about in the 'Questionnaire' Annex. The User must use its best endeavours to supply these details completely and accurately. This questionnaire is to be sent by e-mail or fax to the address stated in the questionnaire.

Section 8 Liability of the User

1. The User will indemnify DW against all claims that are made against DW by reason of the Broadcast made by the User or other use of a Programme, to the extent that the Broadcast or other use does not comply with these Conditions for Use.

2. The User will also be liable for ensuring that all technical equipment for the transfer of Programmes and for broadcasting in accordance with these Conditions for Use accord with current technological standards, in order to
- prevent data manipulation,
- ensure the technical availability of the Programme,
- satisfy the requirements of data protection legislation, if necessary,
- enable the transfer of a Programme from the AudioDepot.

3. The User warrants that the details supplied by it, in particular in connection with its Registration, are true and complete.

4. The above includes the cost of any legal defence.

Section 9 Liability of DW

1. DW guarantees that in the Federal Republic of Germany the Programmes will not infringe any legal provisions.

2. DW warrants that it possesses all rights that are necessary for it to grant the User the rights that are licensed in these Conditions for Use.

3. DW will ensure that the server on which DW offers the AudioDepot accords with technological standards - in particular that it is protected by firewalls; the User is, however, aware that there is a risk for all users that transmitted data can be listened in to while it is being transmitted, that viruses can be transmitted and that there can be other manipulation of data by unauthorised third parties. This applies not only to the exchange of information by e-mails that leave the system, but also for all other ways of transmitting data.

4. The above includes the cost of defending legal proceedings.

5. DW does not assume any liability for disruptions within the communications network for which it is not responsible.

6. All use of the internet will be at the User's own risk. In particular, DW will not be liable if, for technical reasons, the internet does not function or there is no access to the internet.

Section 10 Duty of Confidentiality

1. The User agrees that it will neither use for its own purposes nor make available to third parties confidential information, i.e. in particular all information becoming known to it in connection with these Conditions for Use or with the Agreement, which will come into existence on the basis of these Conditions, as well as the information made available in the AudioDepot and all business and trade secrets of DW. This will apply without limit in time.

2. The User also warrants that it will impose confidentiality obligations corresponding to those in sub-section 1 on its employees and, if appropriate, on any third parties it engages.

Section 11 Term of the Agreement/Termination

1. This Agreement, which is concluded on the basis of these Conditions for Use between DW and the User pursuant to these Conditions for Use, will be regarded as concluded for an indefinite period of time. It will begin with the acceptance of these Conditions for Use by the User.

2. This Agreement can be terminated by either Party on three months' notice.

3. This Agreement can be terminated at any time without notice for good cause under German law. There will, in particular, be deemed to be good cause, if one Contracting Party ceases - for whatever reason - entirely or to a material extent to carry on its activities relating to these Conditions for Use or commits a gross breach of the duties laid down in these Conditions for Use. DW is also entitled to exercise such a termination right, if the User fails to supply information pursuant to section 7 of these Conditions for Use (pursuant to the 'Questionnaire' Annex).

Section 12 Other Rights of DW

Infringements of these Conditions for Use by the User will entitle DW - without prejudice to any of its other rights - to prohibit the User's use of the Programmes with immediate effect.

Section 13 Prohibition of Assignments

The User may not retransfer, assign or otherwise transfer its rights under these Conditions for Use to third parties. This provision can only be waived by DW in writing.

Section 14 Concluding Provisions

1. Jurisdiction shall lie in the courts of Bonn, Germany.

2. German law, excluding the UN Convention on the International Sale of Goods, shall apply.

3. If individual provisions of these Conditions for Use are or become invalid and/or contradict legal regulations, the validity of the remainder of these Conditions for Use will not thereby be affected. The invalid provision will be replaced by the Contracting Parties (by agreement) by such a provision that comes in a legally effective way as close as possible to the economic purpose of the invalid provision. The preceding provisions (of this sub-section) shall apply mutatis mutandis to any gaps in this Agreement.

4. To the extent that these Conditions for Use contain Annexes, they constitute an integral part of these Conditions for Use.