Terms and Conditions applicable to the allocation of DVB Identifiers
In this agreement, “you” means the company to which the DVB identifiers are to be allocated by DVB, and “DVB” means the DVB Project or its assignee under paragraph 7 below. The term “DVB identifiers” means the single DVB identifier or multiple DVB identifiers allocated to you to be listed on TR 101 162. “This Agreement” means these terms and conditions and “Application Form” means the application submitted by you for DVB identifiers during the application process. “Term” means 20 years from the effective date of this Agreement, unless renewed pursuant to paragraph 4 or earlier terminated pursuant to paragraph 6.
1. The DVB identifiers are allocated to you during the Term subject to completion of the conditions listed in paragraph 13, the continued accuracy of your representations made in paragraph 2, and on your performance of your agreements and promises herein contained.
2. By accepting DVB identifiers, you represent and warrant that
(a) you are a company established under the laws of your jurisdiction, and you engage in your activities in compliance with law and with the licences you have obtained;
(b) the information you provide on the Application Form is accurate and complete;
(c) you (or your affiliate) are engaged, or will shortly engage, in an activity that calls for the use of all the DVB identifiers to be allocated to you;
(d) you have obtained all licences and undertaken all other regulatory action required for your use of the DVB identifiers; and
(e) the person accepting this Agreement can legally bind you.
3. You agree that the DVB identifiers remain the property of DVB and that you have no property rights in the identifiers.
4. This Agreement may, at the conclusion of the initial Term and any later Term, be renewed for further Terms in respect of the DVB identifiers for the same fees and on the same other terms and conditions as set out in this Agreement.
5. You agree that if any of your representations in paragraph 2 is incorrect or becomes incorrect, or if you otherwise breach any of your agreements and promises in this Agreement, or if you become bankrupt or insolvent, DVB may, by notice, declare you in breach and terminate your allocation of DVB identifiers.
6. This Agreement may be terminated (i) at any time by you by notice to DVB in respect of all or part of your allocation of DVB identifiers; (ii) if you fail to use the DVB identifiers within 5 years of the effective date of this Agreement (but only in respect of the DVB identifiers you fail to use); and (iii) upon termination pursuant to paragraph 5. Upon termination for any reason, DVB may reallocate any and all the DVB identifiers for which your allocation has been terminated. Notwithstanding any such termination, you shall remain responsible for any liability incurred by DVB and DVB shall not be responsible for repayment of fees or for any other loss or damage you may incur as a result of such termination.
7. You shall not assign your allocation to any other person except you may, upon consent by DVB (not unreasonably withheld), assign all or part of your allocation to an affiliate. DVB may, upon notice to you, assign its rights under this Agreement to DVB Services Sàrl or any other person. As of the date of this Agreement, the exercise of the rights and obligations of the DVB Project is under the management of DVB Services Sàrl.
8. You shall not use the DVB identifiers except in compliance with law. You shall not engage in any audiovisual piracy in the forms addressed in Directive 98/84/EC of the European Parliament and of the Council of 20 November 1998 on the legal protection of services based on, or consisting of, conditional access; and you do not manufacture products that are intended principally to allow circumvention of a technological measure described in the WIPO Copyright Treaty (1996).
9. In consideration of the allocation of DVB identifiers, you shall pay an application fee of €300 per application, in addition to any DVB identifier fee of €200 per identifier requested. You agree that DVB may charge a fee for consenting to an assignment described in paragraph 7.
10. Upon request by DVB, you shall provide your certificate, signed by the signatory on your behalf, that the representations in paragraph 1 remain true (including in respect of the information you may provide to update paragraph 1(b)) and that you are otherwise in compliance with this Agreement.
11. You agree to hold DVB harmless from any loss, damage or other liability (including attorneys’ fees) that DVB may incur as a result of your breach of this Agreement, from your use of DVB identifiers, or for any other reason as a result of your activities relating to the DVB identifiers.
12. This Agreement is governed by Swiss law; and you and DVB agree to accept the jurisdiction of the courts of the canton and Republic of Geneva, Switzerland, for any dispute based on these Terms and Conditions.
13. This Agreement shall take effect upon the last to occur (a) your acceptance of this Agreement by your selection of the “I Agree” option on Application Form, (b) receipt by DVB of the complete payment of the fees for your application and DVB identifiers, (c) completion, and submission to DVB, of the Application Form, and (d) review and acceptance by DVB of your Application Form.