Domain Grandfathering Draft

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This is a sample Quick Licence for community discussion. The template is based on WMF GLAM Quick Licence

NOTE: this is work in progress and should neither be commented on nor used before this noticed is removed.

Project and Domainname Quick Licence

In order to use a variant of the OSMF marks for a project and/or a domainname, please fill out the licence below and email it to trademarks@osmfoundation.org. Make sure to check whether you need a licence at all. You can read more about why we need to licence the OSMF marks here and read the FAQs for more information.

Your Licence

Who (organisation of person applying for the licence)?
What (name of the project and any domainnames associated with it)?

The OpenStreetMap Foundation, (“OSMF”) hereby grants _____________________ (“you”) a non-exclusive, non-sublicenseable, non-assignable limited licence to use __________________________________________ ("project name").

The licence is granted under the following conditions:

Acknowledgement of the OSMFs rights

You acknowledge that the project name is a remix of the OSMF marks and builds on the popularity and recognition that they have worldwide and that your use of the project name requires a licence from the OSMF. You further acknowledge that any use prior to the grant of this licence was unlicensed use of the OSMF marks.

Waiver of damages for prior use

The OSMF waives any rights to collect damages for use prior to grant of this licence as long as that use was in accordance with the terms of this licence grant.

How can I use the mark?

Approved Use: The project name may be used on promotional material, such as flyers, posters, slide presentations, social media & email, the project website.

The use must comply with the relevant rules on proper use under Section 2 of OSMF’s Trademark Policy. The use must also be consistent with the OSM Foundation mission and the projects for which the marks are intended to represent.

Our community creates free, high quality educational material and software in an open and collaborative way. Use of our marks must reflect these qualities. You also need to make sure that any material carrying the mark are well maintained while they are in public display. </translate>

What do I need to give to OSMF?

Quality Control: You will provide samples or mock-up of flyers, posters, slide presentations, screenshots of digital correspondence when you email this licence to the OSMF. You agree to promptly respond to the OSMF’s requests for additional information or to an inspection of your use.

What can’t I do?

Affiliation: Your use of the marks may not suggest that the project is affiliated or endorsed by the OSMF.

How long will this licence last?

Termination: This licence will automatically terminate if the project ceases to exist, changes its purpose, it is no longer mainly based on OpenStreetMap geodata or is controlled by anybody else than the original licencee.

Specifically if

  • the project is no longer in use for OpenStreetMap related services, products or similar;
  • change of control events (sale, mergers etc);
  • bankruptcy, dissolution, or similar corporate events; or
  • death of an individual non-corporate licensee.

The OSMF may terminate this licence at any time by providing notice to you in any manner if it determines that the use is inconsistent with our mission or could expose community members, or movement organizations to liability.

All provisions shall survive the termination of this licence except for the approved use and quality control provisions.

What else should I be aware of?

All OSMF marks are provided “as is.” The OSMF disclaims the warranties of merchantability, fitness for a particular purpose, and noninfringement, and any other express or implied warranties with respect to the OSMF marks and content. The OSMF will not be liable for lost profits and loss or damage to data arising out of the use of any OSMF marks, or any other consequential damages. The OSMF’s aggregate liability arising out of this licence will not exceed £100.

Whose law governs?

Choice of Law: The law of the United Kingdom, without giving effect to its principles of conflicts of law, governs all adversarial proceedings arising out of this licence.

How can I change the licence?

Severability & No Waiver or Assignment: If any provision of this licence is unenforceable, that provision will be interpreted to accomplish the objectives of that provision to the greatest extent possible and the remaining provisions will continue in full force and effect. No failure to enforce any provision of this licence will be deemed a waiver unless it is signed in writing by the party waiving the obligation. Neither party may assign any of its rights or obligations under this licence without the prior written consent of the other party.

How can I get in touch with you?

Notices: Notices under this licence shall be delivered to the address or email below.

Openstreetmap Foundation
132 Maney Hill Road
Sutton Coldfield
West Midlands
B72 1JU
United Kingdom
trademarks@osmfoundation.org

(insert your address)

Signatures

(please sign & date here)

(signature of the OSMF representative & date)