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Futurelab Open Access Licence
This Licence is between:
(1)
"Futurelab", Futurelab Education (company number 05689928 / charity number
1113051) whose registered office is at Canons Road, Harbourside, Bristol, BS1 5UH,
UK; and
(2)
"You", a private individual or entity permitted to use this Licence in accordance with
its terms and "Yours" shall be construed accordingly.
Futurelab is the owner or licensee of the copyright in the Work and is willing to grant You a
licence to use the Work under the terms of this Licence. By using the Work You agree to the
terms of this Licence. If You do not agree You should not copy or use the Work.
1.
Definitions and interpretation
1.1
In this Licence, unless the context otherwise requires, the following definitions shall
apply:
"Licence" means this Licence (including any schedule or annexure to it and any
document referred to in it or in agreed form).
"Licensed Rights" means copyright under the laws of the United Kingdom and all
other countries of the world, including any renewal or extension of those rights,
subsisting in respect of the Works at the relevant time.
"Logo" means the Futurelab logo appearing on a Website page.
"Website" means the Futurelab website address where the works appear.
"Work" or "Works" means the text appearing on the Website and any printed text
produced by Futurelab in which Futurelab owns the copyright except where marked
otherwise or marked as excluded from the scope of this Licence. Works shall not
include pictures, images, moving images, sound, video, downloads of prototypes or
software.
2.
Grant of Licence
2.1
Futurelab grants You, subject to the provisions of this Licence, a non-exclusive,
payment-free, personal, non-assignable licence in respect of the Licensed Rights and
to:
(a)
copy, communicate or make available the Work to other members of the
public by publishing or distributing the Work whether as part of published
research or otherwise; or
(b)
translate or use the Work outside the United Kingdom.
2.2
Each time You communicate or make available to other members of the public by
publishing or distributing the Work You shall offer to the recipient of the Works a
licence in respect of the Work under the same terms and conditions as granted to
You under this Licence.
2.3
Futurelab reserves the right to release the Work under different terms or to stop
distributing the Work at any time, provided that this Licence will continue in full force
unless terminated in accordance with clause 5.
2.4
All rights not expressly granted by Futurelab are reserved.
2.5
You shall ensure that each copy or reproduction bears a notice in a prominent place
that acknowledges that the Work is subject to the terms of this Licence (and links to
it, if on-line) and incorporates the Logo, Futurelab's website address, the names of
the authors and gives the original source of the Work (and links to it, if online). The
Logo shall not be altered or used by You for any other purpose than as set out in this
clause 2.6.
2.6
You shall inform Futurelab where the Works have been used by email to
[email protected].
3.
Restrictions
3.1
The licence granted in clause 2 above is expressly made subject to and limited by
the following restrictions:
(a)
You shall not be entitled to grant sub-licences of Your rights under this
Licence or assign or otherwise sub-contract or delegate any rights or
obligations under this Licence to any person.
(b)
You shall not exercise the rights granted to You above for any commercial
purpose including professional, political or promotional uses or for any
financial gain.
(c)
You shall not make more than 500 copies of the Work without the prior
written approval of Futurelab.
(d)
You shall not amend or reproduce the Works in extract or edited form without
the prior written approval of Futurelab.
(e)
You shall not offer or impose any terms of the Work that alter or restrict the
terms of this Licence or the recipient's rights granted in accordance with this
Licence.
(f)
You shall not use the Work in any way that would suggest or imply the
support, association or approval of Futurelab, except with the prior written
approval of Futurelab.
(g)
You shall not impose any term or any digital rights management technology
on the Work that alters or restricts the terms of this Licence.
(h)
You shall not use the Work for any illegal, derogatory or otherwise offensive
purpose or in any way that might bring Futurelab's reputation into disrepute
or damage Futurelab's charitable activities or interests.
4.
Copyright protection and proceedings
4.1
You acknowledge that the Licensed Rights belong exclusively to Futurelab, and You
shall not do anything that might bring into question Futurelab's ownership of the
Licensed Rights.
4.2
You shall notify Futurelab of any actual, threatened or suspected infringement of any
of the Licensed Rights which comes to Your notice and any proceedings commenced
against it in which the ownership or validity of any of the Licensed Rights is called
into question.
4.3
You shall give Futurelab such assistance as Futurelab may reasonably require in
connection with any proceedings for infringement of any of the Licensed Rights or in
which the ownership or validity of any of the Licensed Rights is called into question,
and You shall not commence any proceedings for infringement of any of the Licensed
Rights without Futurelab's prior written consent.
5.
Duration and Termination
5.1
This Licence shall continue for the duration of the applicable copyright in respect of
the Work unless terminated earlier for any reason by Futurelab.
5.2
Futurelab may immediately terminate this Licence if You commit any breach of this
Licence.
5.3
The rights given by this clause 5 to terminate this Licence for any breach shall not
affect any other right or remedy of Futurelab in respect of the breach concerned or
any other breach.
5.4
Upon the termination of this Licence for any reason You shall immediately stop using
the Works and destroy any copies of any data, text or other materials in Your
possession or control which incorporate or are intended to be used in any way to
reproduce any of the Works.
6.
Warranties and liability
6.1
You warrant to Futurelab that:
(a)
You have the authority to enter into this Licence; and
(b)
Your agreement to this Licence and the performance of Your obligations under
it require no governmental or other approvals or, if required, all such
approvals have been obtained.
6.2
Each party acknowledges that, in entering into this Licence, it does not do so in
reliance on any representation, warranty or other provision except as expressly
provided in this Licence, and any conditions, warranties or other terms implied by
statute or common law are excluded from this Licence to the fullest extent permitted
by law.
Except as expressly stated in this Licence or otherwise agreed in
writing or required by applicable law, the Work is licensed on an "as is"
basis, without warranties of any kind, either express or implied including,
without limitation, any warranties regarding the contents or accuracy of the
Work and Futurelab does not give any warranty, representation or
undertaking that the use of the Works will not infringe the rights of any
other person.
6.3
Futurelab shall not be liable to You by reason of any representation or the breach of
any implied condition, warranty or other term or any duty at common law or under
any statute, or under any express term of this Licence, for any loss, damages, costs,
expenses or other claim for compensation whatsoever, whether occasioned by the
negligence of Futurelab, its servants or agents or otherwise, which arises out of or in
connection with this Licence, or which in any way relates to the Licensed Rights, or
the use of the Works by You, save to the extent that such liability cannot be
excluded at law.
6.4
You shall indemnify Futurelab, against any loss, damages, costs or expenses which
are awarded against or incurred by Futurelab as a result of any claim or threatened
claim concerning the reproduction or other use by You of any of the Works or any
defect in or otherwise in connection with the use of the Work by You.
7.
General
7.1
Nothing in this Licence shall create, or be deemed to create, a partnership, or the
relationship of principal and agent between the parties.
7.2
This Licence contains the entire agreement between the parties with respect to its
subject matter and may not be modified except by written agreement signed by the
duly authorised representatives of the parties.
7.3
To the extent that any provision of this Licence is found by any court or competent
authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision
shall be deemed not to be a part of this Licence, it shall not affect the enforceability
of the remainder of this Licence nor shall it affect the validity, lawfulness or
enforceability of that provision in any other jurisdiction.
7.4
Unless expressly provided in this Licence, no term of this Licence is enforceable
pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is
not a party to it.
7.5
This Licence shall be governed by and construed in accordance with English law and
each of the parties irrevocably submits for all purposes in connection with this
Licence to the exclusive jurisdiction of the courts of England.