MOU - Revision history

Kat Walsh: Category:Legal

2013-09-12T00:36:12Z

Category:Legal

CCID-shinchpearson: /* Memorandum of Understanding */

2013-06-21T16:57:26Z

‎Memorandum of Understanding

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Aurelia Schultz at 18:14, 25 July 2012

2012-07-25T18:14:37Z

Aurelia Schultz at 18:14, 25 July 2012

2012-07-25T18:14:15Z

Aurelia Schultz: /* Memorandum of Understanding */

2012-02-23T23:47:40Z

‎Memorandum of Understanding

Aurelia Schultz: /* Memorandum of Understanding */

2012-02-06T17:38:23Z

‎Memorandum of Understanding

Aurelia Schultz: /* Memorandum of Understanding */

2012-02-06T17:24:20Z

‎Memorandum of Understanding

Aurelia Schultz: /* Memorandum of Understanding */

2012-02-06T17:23:48Z

‎Memorandum of Understanding

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Aurelia Schultz at 22:00, 15 November 2011

2011-11-15T22:00:58Z

Aurelia Schultz at 14:52, 10 January 2011

2011-01-10T14:52:08Z

← Older revision		Revision as of 00:36, 12 September 2013
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	(i) '''Entire Agreement.''' This MOU constitutes the entire agreement between Affiliate and CC, and supersedes all prior agreements and understandings (including prior MOUs and/or affiliate agreements) between the parties with respect to the subject matter hereof but does not supersede or terminate any existing agreements for trademark use. If any term or condition of this MOU conflicts with a Roadmap, the terms of this MOU prevail.		(i) '''Entire Agreement.''' This MOU constitutes the entire agreement between Affiliate and CC, and supersedes all prior agreements and understandings (including prior MOUs and/or affiliate agreements) between the parties with respect to the subject matter hereof but does not supersede or terminate any existing agreements for trademark use. If any term or condition of this MOU conflicts with a Roadmap, the terms of this MOU prevail.
		+	[[Category:Legal]]

← Older revision		Revision as of 18:14, 25 July 2012
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	In 2010, Creative Commons developed a new MOU for all all new and existing CC Affiliates. The text of the basic MOU appears below. ''''Please note''' that this version should ''never'' be completed by anyone. Each final MOU is tailored to the individual or institution signing and to their particular circumstances.		In 2010, Creative Commons developed a new MOU for all all new and existing CC Affiliates. The text of the basic MOU appears below. ''''Please note''' that this version should ''never'' be completed by anyone. Each final MOU is tailored to the individual or institution signing and to their particular circumstances.
		+
	A draft version of this MOU is available in pdf form for anyone who is interested. Please request a draft by emailing Aurelia at aurelia@creativecommons.org.		A draft version of this MOU is available in pdf form for anyone who is interested. Please request a draft by emailing Aurelia at aurelia@creativecommons.org.

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 [[MOU and Policies Summary| Return to Summary page]]
-This MOU is used for all all new and existing CC Affiliates.  Affiliates who may still be under a previous MOU must transfer to the form below in order to continue their affiliation with CC.
+In 2010, Creative Commons developed a new  MOU  for all all new and existing CC Affiliates.  The text of the basic MOU appears below.  ''''Please note''' that this version should ''never'' be completed by anyone.  Each final MOU is tailored to the individual or institution signing and to their particular circumstances.
 [[Talk:MOU|Comments and original draft leading to this MOU]]
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 (i)	Entire Agreement.  This MOU constitutes the entire agreement between Affiliate and CC, and supersedes all prior agreements and understandings (including prior MOUs and/or affiliate agreements) between the parties with respect to the subject matter hereof.
-[Signature page follows]
+[Signature page available once the Affiliate Network Manager and the appropriate Regional Coordinator have approved moving forwards with an MOU.]

@@ Line 64: / Line 64: @@
 (c)	'''Adherence to CC Policies.'''  Affiliate must comply with all current CC policies published by CC on its website policies page (http://creativecommons.org/policies) (collectively, the “CC Policies”).  For the avoidance of doubt (and by way of highlighting some policies, without limitation):
-**(i)	Affiliates shall not assert copyright in any work and must, upon request by CC, transfer any and all such right, title and interest as may arise from any work that results from the performance of the activities described in Section 1(a)  (“Versioning Up” the Jurisdiction Licenses), and Section 1(b) (Linguistic Translation of CC0), above;
+**(i)	Affiliates shall not assert copyright in any work that results from the translation or localization of Creative Commons legal tools, and must, upon request by CC, transfer any and all such right, title and interest as may arise from any work that results from the performance of those activities;
 **(ii)	Affiliate may not use CC’s trademarks and logos for any purposes (including as a name for any entity or organization) other than as expressly permitted by the CC Policies or upon the prior written consent of CC; and
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 (f)	'''Restrictions on Lobbying.'''  Affiliate acknowledges that CC is a non profit organization exempt from taxation under the United States Internal Revenue Code of 1986, as amended, and as such is subject to certain restrictions regarding lobbying activities (as defined therein).  Affiliate understands and agrees that in connection with the performance of its responsibilities under this MOU, Affiliate shall not, on behalf of or in the name of Creative Commons, engage in lobbying, carrying on of propaganda or otherwise attempting to influence legislation in the Jurisdiction or elsewhere, as those purposes are defined by the United States Internal Revenue Code of 1986, as amended. If Affiliate is in doubt about whether its proposed activities may constitute lobbying, Affiliate must consult with Creative Commons prior to undertaking them.
-(g)	'''Choice of Law; Other.'''  This MOU shall be governed by, and construed and enforced in accordance with, the laws of the State of California, U.S.A., exclusive of its choice of law rules.  The parties hereby consent to the exclusive jurisdiction of the U.S. federal and state courts located in San Francisco, California, U.S.A. in connection with any dispute arising out of or in connection with this MOU or its subject matter. If any provision of this MOU is held invalid, illegal or unenforceable, such provision shall be enforced to the maximum extent permitted by law and the parties’ fundamental intentions and understandings hereunder, and the remaining provisions shall not be affected or impaired.  Any terms of this MOU may only be amended, modified or waived in a writing signed by the party or parties sought to be bound.
+(g)	'''Choice of Law; Other.'''  This MOU shall be governed by, and construed and enforced in accordance with, the laws of the State of California, U.S.A., exclusive of its choice of law rules.  The parties hereby consent to the exclusive jurisdiction of the U.S. federal and state courts located in Santa Clara, California, U.S.A. in connection with any dispute arising out of or in connection with this MOU or its subject matter. If any provision of this MOU is held invalid, illegal or unenforceable, such provision shall be enforced to the maximum extent permitted by law and the parties’ fundamental intentions and understandings hereunder, and the remaining provisions shall not be affected or impaired.  Any terms of this MOU may only be amended, modified or waived in a writing signed by the party or parties sought to be bound.
 (h)	 '''No Assignment.'''  Neither party may assign or otherwise transfer, by operation of law or otherwise, this MOU or any of the rights, licenses or obligations hereunder.  Any such purported transfer or assignment will be void.  Subject to the foregoing sentence, this MOU shall bind and benefit the parties hereto and their respective successors and permitted assigns.

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 (c)	'''Adherence to CC Policies.'''  Affiliate must comply with all current CC policies published by CC on its website policies page (http://creativecommons.org/policies) (collectively, the “CC Policies”).  For the avoidance of doubt (and by way of highlighting some policies, without limitation):
-**(i)	Affiliates shall not assert copyright in any work and must, upon request by CC, transfer any and all such right, title and interest as may arise from any work that results from the performance of the activities described in Section 1(a) (Adapting/Porting of the CC Licenses), Section 1(b) (“Versioning Up” the Jurisdiction Licenses), and Section 1(c) (Linguistic Translation of CC0), above;
+**(i)	Affiliates shall not assert copyright in any work and must, upon request by CC, transfer any and all such right, title and interest as may arise from any work that results from the performance of the activities described in Section 1(a)  (“Versioning Up” the Jurisdiction Licenses), and Section 1(b) (Linguistic Translation of CC0), above;
 **(ii)	Affiliate may not use CC’s trademarks and logos for any purposes (including as a name for any entity or organization) other than as expressly permitted by the CC Policies or upon the prior written consent of CC; and

@@ Line 36: / Line 36: @@
 '''I.'''	'''The Project.'''  CC and Affiliate agree to collaborate in [Jurisdiction] (the “Jurisdiction”) on the following project components (collectively, the “Project”), and in connection therewith Affiliate may refer to itself as a CC [Affiliate/Legal Affiliate/Project Affiliate/etc.]:
-(a) Linguistic Translation of CC Licenses Affiliate agrees to linguistically translate the latest version of the six international licenses (formerly known as the “unported licenses”). The translated licenses shall be linguistically consistent with the latest version of the international licenses (currently version 3.0), but will not be legally enforceable. The translated licenses will serve only to help people understand the licenses. The English international licenses will remain as the legally enforceable versions.
+(a) '''Linguistic Translation of CC Licenses.''' Affiliate agrees to linguistically translate the latest version of the six international licenses (formerly known as the “unported licenses”). The translated licenses shall be linguistically consistent with the latest version of the international licenses (currently version 3.0), but will not be legally enforceable. The translated licenses will serve only to help people understand the licenses. The English international licenses will remain as the legally enforceable versions.
-(b) Linguistic Translation of CC0. Affiliate agrees to participate in the linguistic translation of CC0 for the purpose of producing an approved translation of CC0, in adherence with the policies published by CC and made known to Affiliate. The parties will mutually agree on a timetable for producing an approved translation of CC0, together with any other designated leads in the process.
+(b) '''Linguistic Translation of CC0.''' Affiliate agrees to participate in the linguistic translation of CC0 for the purpose of producing an approved translation of CC0, in adherence with the policies published by CC and made known to Affiliate. The parties will mutually agree on a timetable for producing an approved translation of CC0, together with any other designated leads in the process.
 (c)	'''Advisory on Law and Legal Developments.''' Affiliate agrees to provide information regarding the copyright laws and related legal matters in the Jurisdiction as CC may reasonably request, including without limitation their applicability to and effect on the enforceability of the Jurisdiction Licenses, CC0 and other legal tools and licenses proposed and/or published by Creative Commons (collectively, the “CC Legal Tools”).  This includes, without limitation, providing comments on proposed amendments to the CC Legal Tools as well as being reasonably available to discuss and provide comments thereon.  CC reserves the exclusive right to make all final decisions with respect to the implementation of any and all proposed amendments to CC Legal Tools and the publication of new, existing, or future versions of the CC Legal Tools.  CC agrees to provide reasonable notice of the date that any amendments are effected or when new CC Legal Tools are proposed, and will provide Affiliate with reasonably prompt information and assistance to enable Affiliate to perform its obligations hereunder.  Affiliate agrees to provide advice and information about legal issues and developments that arise in the Jurisdiction and about which Affiliate becomes aware that are related to the Project.

← Older revision		Revision as of 14:52, 10 January 2011
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	This MOU is used for all all new and existing CC Affiliates. Affiliates who may still be under a previous MOU must transfer to the form below in order to continue their affiliation with CC.		This MOU is used for all all new and existing CC Affiliates. Affiliates who may still be under a previous MOU must transfer to the form below in order to continue their affiliation with CC.
		+
		+	[[Talk:MOU\|Comments and original draft leading to this MOU]]

	[[Media:MOU_Draft.pdf\| PDF Version]]		[[Media:MOU_Draft.pdf\| PDF Version]]