NAIDOC logo Deed of Licence

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National NAIDOC Logo
DEED OF LICENCE
THIS DEED is made on the [[[INSERT DATE]]] day of [[[INSERT MONTH]]] of [[[INSERT YEAR]]]
BETWEEN
Commonwealth of Australia, represented by and acting through the Department of the Prime Minister
and Cabinet, PO Box 6500 Canberra ACT 2600 (“the Commonwealth”)
AND
[[[INSERT ORGANISATION]]], [[[ADDRESS]]] (“the Licensee”)
RECITALS
A.
B.
C.
The Commonwealth owns copyright in the National NAIDOC Logo.
The Licensee would like to reproduce and use the National NAIDOC Logo for the purpose of
communicating [[[PLEASE INSERT PLANNED USE IN DETAIL]]]
The Commonwealth has offered, and the Licensee has accepted, a licence to use the
National NAIDOC Logo as described in Recital B on the terms and conditions set out in this
Deed.
IT IS AGREED THAT
1.
Definitions
In this Deed:
“Deed” means this Deed of Licence for the National NAIDOC Logo.
”National NAIDOC Logo” means the logo as reproduced at Attachment A to this Deed.
“NAIDOC activities” means all events occurring for the purpose of promoting the National
Aboriginal and Islander Day of Celebration.
“Permitted Purpose” means the purpose described in Recital B.
2.
Licence
The Commonwealth grants to the Licensee a royalty-free, non-exclusive and non-transferable
licence (but not including a right of sublicense) to reproduce in a material form and to
communicate to the public, anywhere in the world, the National NAIDOC Logo for the
Permitted Purpose. For the avoidance of doubt, the scope of the Permitted Purpose includes
only purposes which are non-commercial, and which raise and promote positive
awareness of NAIDOC and NAIDOC activities.
The licence commences on the date this Deed is signed by the Commonwealth and continues
in force until terminated by either party under clause 7.
3.
No alterations to the National NAIDOC Logo
Following execution of this Deed by both parties, the Commonwealth will provide the Licensee
with an electronic version of the National NAIDOC Logo.
It is a condition of the licence that, subject to clauses 4 and 5, the Licensee:
(a) may only reproduce, use and communicate the National NAIDOC Logo in the unmodified
and complete form as provided by the Commonwealth;
(b) must not make any alteration whatsoever to the National NAIDOC Logo including, without
limitation, alteration to the meaning, dimensions or colour of the National NAIDOC Logo.
4.
Acknowledgment
The Licensee will include the following acknowledgment on every reproduction or
communication to the public of the National NAIDOC Logo by the Licensee under this Deed:
Copyright © Commonwealth of Australia [2014]. Reproduced with permission of the
Department of the Prime Minister and Cabinet.
5.
Disclaimers
The Licensee will include any disclaimers that the Commonwealth considers appropriate from
time to time on any reproduction or communication to the public of the National NAIDOC Logo
by the Licensee under this Deed.
6.
Indemnity
The Licensee indemnifies, and must keep indemnified, and releases the Commonwealth,
including its officers, employees and agents, from and against any and all liability, loss, claim,
proceeding, damages, cost and expense directly or indirectly relating to or arising from, the
Licensee’s exercise of the Licence, including without limitation as a result of reproduction or
communication to the public of the National NAIDOC Logo. This term survives the expiration
or earlier termination of this Deed.
7.
Termination
Either party may terminate this Deed and the licence operating under it by giving the other
party not less than seven days prior written notice. Upon termination of the Deed, the
Licensee will immediately cease any further use of the National NAIDOC Logo.
8.
8.1
Notices
A party giving notice under this Deed must do so in writing:
(a) directed to the address of the other party specified below (or as varied by any notice);
and
(b) hand-delivered, sent by pre-paid post, or transmitted electronically by electronic mail or
facsimile to that address.
A notice given in accordance with subclause 8.1 is taken to be received:
(a) if hand delivered, upon delivery;
(b) if sent by pre-paid post, 3 business days after the date of posting unless it has been
received earlier;
(c) if transmitted electronically, upon actual receipt by the addressee.
8.2
9.
Governing Law
This Deed will be governed by and construed according to the law of the Australian Capital
Territory.
Address of Commonwealth
Contact Officer:
National NAIDOC Secretariat
C/- Culture and Capability Branch
Department of the Prime Minister and Cabinet
PO Box 6500
Canberra ACT 2600
email:[email protected]
Address of Licensee
Contact Officer:
[[[YOUR NAME]]]
[[[YOUR ORGANISATION]]]
[[[ADDRESS]]]
[[[ADDRESS]]]
ph: [[[YOUR WORK PHONE]]]
email: [[[YOUR EMAIL ADDRESS]]]]
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Executed as a Deed.
SIGNED, SEALED AND DELIVERED for and on behalf of the Commonwealth of Australia, represented
by and acting through the Department of the Prime Minister and Cabinet, by
………………………………….
…………………
(Signature)
(Date)
Public Affairs Officer
in the presence of
…………………………….
(Signature of witness)
SIGNED, SEALED AND DELIVERED for and on behalf of the [[[PLEASE INSERT THE NAME OF
YOUR ORGANISATION]]]
by
……………………………
……………………………….
(Print name)
(Signature)
In the presence of ……………………………………….
(Print name of witness)
……………………………
(Date)
……………………………………….
(Signature of witness)
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