Creative
Commons Attribution Non-Commercial Licence
THIS AGREEMENT dated _________________________________________________
is between
(1) Brumwear Limited, whose registered office is at 83 Oxford Road,
Birmingham, B13 9SG, UK ("The Licensor")
and
(2) the Licensee:
_________________________________________________________________________________
("You")
whose legal representative's name and signature follows:
________________________________________________________
and who can be contacted at the following address:
_____________________________________________________________
phone1: ______________________ , phone2: ______________________
and email: ________________________________
and who has sent the signed complete agreement to Brumwear Limited's
registered office,
WHEREAS
THE
WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE
COMMONS PUBLIC LICENCE ("CCPL" OR "LICENCE"). THE WORK IS PROTECTED BY
COPYRIGHT, TRADEMARK AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK
OTHER THAN AS AUTHORIZED UNDER THIS LICENCE OR COPYRIGHT LAW IS
PROHIBITED. BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU
ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENCE. THE LICENSOR
GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR
ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
This Creative Commons
England and Wales Public Licence enables You to view, edit, modify,
translate and distribute Works worldwide for Non-Commercial purposes,
provided that You credit the Original Author.
based on the following:
1. Definitions
"Attribution"
means acknowledging all the parties who have contributed to and have
rights in the Work, Derivative Work or Collective Work under this
Licence.
"Collective Work" means the Work in its entirety in
unmodified form along with a number of other separate and independent
works, assembled into a collective whole.
"Derivative Work"
means any work created by the editing, modification, adaptation or
translation of the Work in any media (however a work that constitutes a
Collective Work will not be considered a Derivative Work for the
purpose of this Licence).
"Licence" means this Creative Commons England and Wales Public Licence
agreement.
"Non-Commercial"
means "not primarily intended for or directed towards commercial
advantage or private monetary compensation". The exchange of the Work
for other copyrighted works by means of digital file-sharing or
otherwise shall not be considered to be intended for or directed
towards commercial advantage or private monetary compensation, provided
there is no payment of any monetary compensation in connection with the
exchange of copyrighted works.
"Original Author" means "Brumwear Limited" which created the
Work.
"Work"
means the images, designs and text, which are protected
by trademarks
including but not limited to UK00002657678, UK00003014037 and
UK00003032971
and copyright which are offered under the terms of this
Licence. For clarity, the Work includes a three dimensional
image
of a heart covered in circles, and the word "Birmingham" with
adaptations of Fonts and the second "i" and "am" highlighted.
"Fonts"
means the original fonts used in the Work including "Arista 2.0
Regular", "Geometry Soft Pro Bold N" and "Lucida Handwriting" which are
available through
separate Creative Commons licenses from Francesco Canovaro, Zetafonts,
Roger S. Nelsson, CheapProFonts, and Kris Holmes and
Charles Bigelow, Bigelow & Holmes Inc.,
respectively.
"Uniform
Resource Identifier" in the context of this agreement means the
Licensor's physical address which is Brumwear Limited, 83 Oxford Road,
Birmingham B13 9SG, UK and its web address which is
http://www.brumwear.com.
For the purpose of this Licence, when not inconsistent with the
context, words in the singular number include the plural number.
2. Licence Terms
2.1
The Licensor hereby grants to You a worldwide, royalty-free,
non-exclusive, Licence for Non-Commercial use and for the duration of
copyright in the Work.
You may:
- copy the Work;
- create one or more Derivative Works;
- incorporate the Work into one or more
Collective Works;
- copy Derivative Works or the Work as
incorporated in any Collective Work; and
- publish,
distribute, archive, perform or otherwise disseminate the Work,
Derivative Works or the Work as incorporated in any Collective Work, to
the public in any material form in any media whether now known or
hereafter created.
HOWEVER,
You must not:
- impose
any terms on the use to be made of the Work, the Derivative Work or the
Work as incorporated in a Collective Work that alter or restrict the
terms of this Licence or any rights granted under it or has the effect
or intent of restricting the ability to exercise those rights;
- impose
any digital rights management technology on the Work, the Derivative
Work or the Work as incorporated in a Collective Work that alters or
restricts the terms of this Licence or any rights granted under it or
has the effect or intent of restricting the ability to exercise those
rights;
- sublicense the Work;
- subject the Work to any derogatory treatment as
defined in the Copyright, Designs and Patents Act 1988.
FINALLY,
You must:
- make
reference to this Licence (by Uniform Resource Identifier (URI), spoken
word or as appropriate to the media used) on all copies of the Work and
Derivative Works and Collective Works published, distributed, performed
or otherwise disseminated or made available to the public by You;
- recognise
the Licensor's / Original Author's right of attribution in any Work,
Derivative Work and Collective Work that You publish, distribute,
perform or otherwise disseminate to the public and ensure that You
credit the Licensor / Original Author as appropriate to the media used;
and
- to the extent reasonably practicable, keep
intact all
notices that refer to this Licence, in particular the URI, if any, that
the Licensor specifies to be associated with the Work, unless such URI
does not refer to the copyright notice or licensing information for the
Work.
Additional Provisions for third parties making use of the Work
2.2. Further licence from the Licensor
Each time You publish, distribute, perform or otherwise disseminate
- the Work; or
- any Derivative Work; or
- the Work as incorporated in a Collective Work
the
Licensor agrees to offer to the relevant third party making use of the
Work (in any of the alternatives set out above) a licence to use the
Work on the same terms and conditions as granted to You hereunder.
2.3.
This Licence does not affect any rights that the User may have under
any applicable law, including fair use, fair dealing or any other
legally recognised limitation or exception to copyright infringement.
2.4.
All rights not expressly granted by the Licensor are hereby reserved,
including but not limited to, the exclusive right to collect, whether
individually or via a licensing body, such as a collecting society,
royalties for any use of the Work.
3. Warranties and Disclaimer
Except
as required by law, the Work or any Derivative Work is licensed by the
Licensor on an "as is" and "as available" basis and without any
warranty of any kind, either express or implied.
4. Limit of Liability
Subject
to any liability which may not be excluded or limited by law the
Licensor shall not be liable and hereby expressly excludes all
liability for loss or damage howsoever and whenever caused to You.
5. Termination
The
rights granted to You under this Licence shall terminate automatically
upon any breach by You of the terms of this Licence. Individuals or
entities who have received Derivative Works or Collective Works from
You under this Licence, however, will not have their Licences
terminated provided such individuals or entities remain in full
compliance with those Licences.
6. General
6.1. The
validity or enforceability of the remaining terms of this agreement is
not affected by the holding of any provision of it to be invalid or
unenforceable.
6.2. This Licence constitutes the entire Licence
Agreement between the parties with respect to the Work licensed here.
There are no understandings, agreements or representations with respect
to the Work not specified here. The Licensor shall not be bound by any
additional provisions that may appear in any communication in any form.
6.3.
A person who is not a party to this Licence shall have no rights under
the Contracts (Rights of Third Parties) Act 1999 to enforce any of its
terms.
6.4. This Licence shall be governed by the law of England
and Wales and the parties irrevocably submit to the exclusive
jurisdiction of the Courts of England and Wales.
7. Specific Guidelines
7.1
Brumwear Limited was formed in 2013 in order to build an
inclusive image for Greater Birmingham that could include all of its
great people, places and products. The core is the three dimensional
heart and emphasis on “i
am” within the word Birmingham.
The multifaceted heart illustrates the passion of the people who live
within its hundreds of diverse communities. The statement “i am”
implies that it is the millions of individuals who live, work and visit
in Greater Birmingham that create its unique identity. The
creative ideas and independent spirit of its people continue to change
the world. Birmingham
isn’t just a promotional concept. It is a state of
mind. It
includes the whole City. And all of the surrounding region.
And
most importantly, you. Wherever you’re from, whatever your
destination. You are welcome to be a part of Birmingham.
These images can only be used within the following guidelines:
7.2
The images were created to represent the breadth of Greater
Birmingham, highlighting the passion and creativity of its many
citizens and communities. Our goal is to shine a spotlight on
the
hidden gems in the many corners of this wonderful City, and to tell
the
stories of the diversity of people who contribute to its beauty and dynamic energy.
7.3
A typeface has been chosen to convey our message, and is derived
from
Arista
2.0 Regular, although the details of all the letters and the "g"
in particular have been tweeked. This is a contemporary typeface
that carries the no-nonsense, forward looking tone of the city, and can
be used for writing "Birmingham".
This writing of the City's word also
provides a foundation for the 3D heart, which floats above the
“i”. Lucida Handwriting typeface can be used under “Birmingham”
and after the “g” to convey a warm, personal message. This
lively,
connected script has its origins in 15th century
printing.
These fonts are freely available under the Creative Commons for
personal use.
7.4 Photographs can be inserted above the “am” of
“Birmingham”.
They should use a transparent background and depict a simple
composition of a person, place or creative product associated with
Greater
Birmingham. Use an engaging perspective that speaks directly
to
the viewer. It should evoke emotion and speak well of the
City
and surrounding region.
7.5 The original logo consists of the 3D heart symbol, below
which is the word “Birmingham” with
the font colour of the second “i” and “am”
highlighted, and a hollowed dot above the second “i”.
This logo must be used as is and cannot be modified under any
circumstances without permission. New logos with personalised
treatments can be created to showcase that “Birmingham”
is about the great people, places and products found here. The original
logo must remain prominent while personal elements should
provide
a new dimension to communicate in a positive way what
Birmingham means to you.
7.6
To ensure that the logo is easily legible, there must be
plenty
of clear space around it to separate it from competing elements such as
text, photography or background patterns that could detract attention
and reduce its impact. It should be readily visible and in sharp
contrast against a solid background to ensure
high contrast, and not on a busy photograph or pattern.
7.7 Different colours can be used in the logo, which can also
be depicted entirely in black or white. The ‘i” and “am” should be bold
and in the same colour and shade, and should be featured more
prominently than the rest of the word “Birmingham”.
7.8 No
elements of the logo may be cropped, deleted, reconfigured, distorted
or scaled non-uniformly. The logo should not be bevelled, embossed,
shadowed, stretched, squeezed, outlined, glowing, vibrating or altered
in any other manner.
7.9 The logo and its components should always appear upright,
and not in any other orientation.
7.10
The logo artwork may only be reproduced directly from a high
resolution digital file and not from previously printed materials.
The logo artwork should not appear to be pixelated or low
resolution.
7.11 The logo may not be used in any way that
is harmful, offensive, obscene, abusive, invasive of privacy,
defamatory, hateful or otherwise discriminatory, false and misleading,
incites an illegal act, or is otherwise in breach of your obligations
to any person or contrary to any applicable laws and regulations.
7.12
To display ownership the personalised logos must be followed
by ™
to indicate that they are trademarked. Original logos must be
followed by ® to indicate that they are registered trademarks of
Brumwear Limited. Include the following copyright line after
trademark line: “© [current year] Brumwear Limited. All rights
reserved.”
7.13 For clarity all 3D heart and Birmingham
logos and variations and treatments thereof are trademarks and the
property of Brumwear Limited. They are freely available for
personal use through a Creative Commons Attribution Non-Commercial
Licence, and for commercial use through a Commercial License, subject
to these terms and conditions. Use of these logos in any
form,
anywhere must be approved by Brumwear Limited. All enquiries
about and requests for the logos should be directed to Brumwear
Limited, 83 Oxford Road, Birmingham, B13 9SG, United Kingdom.
8. On the role of Creative Commons
8.1.
Neither the Licensor nor the User may use the Creative Commons logo
except to indicate that the Work is licensed under a Creative Commons
Licence. Any permitted use has to be in compliance with the Creative
Commons trade mark usage guidelines at the time of use of the Creative
Commons trade mark. These guidelines may be found on the Creative
Commons website or be otherwise available upon request from time to
time.
8.2. Creative Commons Corporation does not profit
financially from its role in providing this Licence and will not
investigate the claims of any Licensor or user of the Licence.
8.3.
One of the conditions that Creative Commons Corporation requires of the
Licensor and You is an acknowledgement of its limited role and
agreement by all who use the Licence that the Corporation is not
responsible to anyone for the statements and actions of You or the
Licensor or anyone else attempting to use or using this Licence.
8.4.
Creative Commons Corporation is not a party to this Licence, and makes
no warranty whatsoever in connection to the Work or in connection to
the Licence, and in all events is not liable for any loss or damage
resulting from the Licensor's or Your reliance on this Licence or on
its enforceability.
8.5.
USE OF THIS LICENCE MEANS THAT YOU AND
THE LICENSOR EACH ACCEPTS THESE CONDITIONS IN SECTION 8.1, 8.2, 8.3,
8.4 AND EACH ACKNOWLEDGES CREATIVE COMMONS CORPORATION'S VERY LIMITED
ROLE AS A FACILITATOR OF THE LICENCE FROM THE LICENSOR TO YOU.
Notes:
Creative Commons is not a party to this Licence, and makes no warranty
whatsoever in connection with the Work. Creative Commons will not be
liable to You or any party on any legal theory for any damages
whatsoever, including without limitation any general, special,
incidental or consequential damages arising in connection to this
licence. Notwithstanding the foregoing two (2) sentences, if Creative
Commons has expressly identified itself as the Licensor hereunder, it
shall have all rights and obligations of Licensor.
Except for
the limited purpose of indicating to the public that the Work is
licensed under the CCPL, neither party will use the trademark "Creative
Commons" or any related trademark or logo of Creative Commons without
the prior written consent of Creative Commons. Any permitted use will
be in compliance with Creative Commons' then-current trademark usage
guidelines, as may be published on its website or otherwise made
available upon request from time to time. Creative Commons
may be
contacted at http://creativecommons.org/.
|
|