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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.

Birmingham logo 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". 

Birmingham skylineThis 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.

Birmingham Heart 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/.

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