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View Copyright Licence Information HER MAJESTY’S GOVERNMENT OF GIBRALTAR COPYRIGHT LICENCE FOR PUBLIC SECTOR INFORMATION BACKGROUND (1) Most records in the Gibraltar National Archives are still protected by copyright, whatever their age. Many of these records are Crown copyright. (2) Unless copyright has expired or the use of copyright work is permitted by copyright law (for example for the purposes of non-commercial research) you must: (a) identify and trace the present copyright owner; (b) obtain permission to reproduce the work; (c) acknowledge the copyright and give credit as appropriate to the author, the rights owner and the custodian; (d) pay any associated fees. (3) The Archivist in the Gibraltar National Archives has authority to licence copyright and database right material subject to copyright owned by the Crown in the right of Her Majesty’s Government of Gibraltar (the “Crown”). 1. INTERPRETATION In this Licence, the terms below have the following meanings: “Information” means information protected by copyright or by database right (for example, literary and artistic works, content, data and source code) offered for use under the terms of this Licence. “Licensor” means the Archivist of the Gibraltar National Archives of Her Majesty’s Government of Gibraltar, who has the authority to offer Information subject to Crown copyright and Crown database rights and Information subject to copyright and database right that has been assigned to or acquired by the Crown, under the terms of this Licence. “Use” means doing any act which is restricted by copyright or database right, whether in the original medium or in any other medium, and includes without limitation distributing, copying, adapting, modifying as may be technically necessary to use it in a different mode or format. Gibraltar National Archives • HM Government of Gibraltar • 6 Convent Place • Gibraltar GX11 1AA t +350 20079461 f +350 20079461 e [email protected] w nationalarchives.gi “Licensee” means the natural or legal person, or body of persons corporate or unincorporated body (whether or not having separate legal personality), acquiring rights in the Information (whether the Information is obtained directly from the Licensor or otherwise) under this Licence. 2. GRANT 2.1 The Licensor hereby grants to the Licensee a worldwide, royalty-free, perpetual, non-exclusive licence to do the following acts, subject to, and in accordance with, the terms of this Licence: (a) copy, publish, distribute and transmit the Information; (b) adapt the Information; (c) exploit the Information commercially and non-commercially for example by combining it with other information, or by including it in your own product or application. 2.2 The Licensee must, when doing anything listed in 2.1 above, acknowledge the source of the Information in the product or application by including the following attribution statement: “Contains public sector information licensed by the Gibraltar National Archives of Her Majesty’s Government of Gibraltar” and give the document references. 2.3 The Licensee is permitted to use and re-use the Information that is available under this Licence freely and flexibly, subject to, and in accordance with, the terms of this Licence and provided it is reproduced accurately and not used in a misleading context. 2.5 This Licence does not affect the Licensee’s freedom under fair dealing or fair use or any other copyright or database right exceptions and limitations. 2.6 The Licensor does not authorise any use of third-party copyright material. It is the Licensee’s responsibility as the user to ensure that copyright is not infringed and any infringement that does occur is the sole responsibility of the Licensee. 2.7 The Licensee shall, in exercising its rights under this Licence, comply with all applicable laws, enactments, regulations and similar instruments and the Licensee understands and agrees that it shall at all times be solely liable and responsible for such due observance and performance. 3. TERMINATION The rights granted under this Licence will end automatically where the Licensee fails to comply with the conditions stipulated in this Licence. 4. EXCLUSIONS 2 This Licence does not cover: (a) personal data in the Information – the Licensee has to obtain any and all necessary consents under Data Protection legislation; (b) Information that has not been accessed by way of publication or disclosure under information access legislation by or with the consent of the Licensor; (c) departmental or public sector organisation logos, crests and the Royal Arms except where they form an integral part of a document or dataset; (d) military insignia; (e) third party rights the Licensor is not authorised to licence – the Licensee has to obtain permission from the copyright holders concerned; (f) other intellectual property rights, including patents, trademarks, and design rights; and (g) identity documents, such as Passports and Identity Cards. 5. NON-ENDORSEMENT This Licence does not grant the Licensee any right to use the Information in a way that suggests any official status or that the Licensor endorses the Licensee or the Licensee’s use of the Information. 6. NO WARRANTY 6.1 The Information is licensed “as is” and the Licensor excludes all representations, warranties, obligations and liabilities in relation to the Information to the maximum extent permitted by law. 6.2 The Licensor is not liable for any errors or omissions in the Information and shall not, to the fullest extent permitted by law, be liable for any costs, expenses, loss, injury or damage of any kind (whether direct, indirect or consequential, and whether economic or other) arising from or caused by the Licensee’s use of the Information. 6.3 The Licensor does not guarantee the continued supply of the Information. 7. GOVERNING LAW This Licence and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of Gibraltar. 8. ACCEPTANCE Use of the Information indicates your acceptance of the terms and conditions set out herein. 3 .
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