1 Ownership of materials
The Devon Brand documents and graphics (“the Materials”) on this website have been developed by Devon County Council (“the Licensor”) in conjunction with the Devon Economic Partnership and are made available to anyone wishing to make use of them subject to the terms and conditions set out below. The copyright and any other intellectual property rights in the Materials as contained on this website are and remain at all times the property of the Licensor. The Licensor retains ownership of the Materials and all subsequent copies of the Materials, regardless of the form in which the copies may exist. This licence is not a sale of the original Materials or any copies.
2 Licence
2.1 Provided that you comply at all times with the terms and conditions set out in this licence the Licensor grants to you a limited, non-exclusive licence to use the Materials in whole or in part in relevant marketing and publicity materials for the sole purpose of promoting products, produce or services.
2.2 It is your responsibility to ensure, whether by clear associated wording or otherwise, that by using the Materials no false or implied claims are made as to place of origin, production, manufacture, place of delivery of service or place of accommodation. .
2.3 Your licence will be automatically terminated:-
2.3.1 if you transfer possession of any copy of the Materials to another party;
2.3.2 if you use the Materials for any illegal purpose;
2.3.3 if you use the Materials in a manner which the Licensor at its sole discretion considers in any way whatsoever to be inappropriate to the purpose for which they were intended as is more particularly described on the Devon Brand website [insert here website link] or which brings into disrepute the Devon Brand;
2.3.4 if you fail to comply with the terms and conditions of this licence;
2.3.5 if you modify in anyway the Materials contained on this site.
2.4 Tourism businesses wishing to use the Materials must be members of Discover Devon (www.discoverdevon.com). To find out about becoming a member you can email discoverdevon@devon.gov.uk
3 No transfer
The Materials are licensed only to you. You may not rent, lease, sub-license,
sell, assign, pledge, transfer or otherwise dispose of the Materials, on
a temporary or permanent basis, without the prior written consent of the
Licensor.
4 Undertakings
4.1 You undertake to:
4.1.1 ensure that, prior to use of the Materials by your employees or agents,
all such parties are notified of this licence and the terms therein;
4.1.2 reproduce and include our copyright notice (or such other party's copyright
notice as specified on the Materials) on all and any copies of the Materials,
including any partial copies of the Materials;
5 Changes to the Materials
The Licensor has made all reasonable efforts to ensure that the Materials available on the website are up-to-date and will be readily and easily accessible. However, the Licensor reserves the right to make any changes and corrections at any time, without notice.
6 No warranties
The Licensor does not warrant that the Materials will meet your requirements
and you must take sole responsibility for deciding whether or not to use the
Materials. Further the Licensor by permitting you to use the Materials makes
no warranties as to the quality or fitness for purpose of your products, produce
or services nor can such permission be construed as any endorsement or approval
of the same.
7 Exclusion of liability and indemnity
7.1 Except in respect of personal injury or death caused directly by the negligence of the Licensor, in no event will the Licensor be liable to you for any damages, including any lost profits, lost savings, loss of data or any indirect, special, incidental or consequential damages arising out of the use of or inability to use the Materials.
7.2 You will indemnify and keep indemnified the Licensor against all
actions, claims proceedings, costs and damages (including any damages or compensation
paid by the Licensor on the advice of its legal advisors to compromise or settle
any claim) and all legal costs and other expenses arising out of any breach
of this licence.
8 Term
The licence is effective until terminated. You may terminate it at any time
by destroying the Materials together with all copies in any form. It will
also terminate upon conditions set out elsewhere in this licence or if you
fail to comply with any term or condition of this licence or if you voluntarily
return the Materials to us. You agree upon such termination to destroy the
Materials together with all copies in any form.
9 General
9.1 You agree that the Licensor shall have the right to check on, monitor
and audit any use you make of the Materials in order to verify compliance with
this licence and you shall permit the Licensor to inspect, without limitation,
such documents, records or materials as it considers reasonably necessary for
such purpose.
9.2 The validity, construction and performance of this licence shall
be governed by English law.
9.3 Any clause in this licence that is found to be invalid or unenforceable
shall be deemed deleted and the remainder of this licence shall not be affected
by that deletion.
9.4 Failure or neglect by either party to exercise any of its rights
or remedies under this licence will not be construed as a waiver of that party's
rights nor in any way affect the validity of the whole or part of this licence
nor prejudice that party's right to take subsequent action.