This will set forth the terms upon which Pan Am 103 Lockerbie Legacy Foundation (the “Foundation”) may use the information, materials (including photographs, video clips, and voice clips), and creative works that I submit to one of the four interactive platforms (the Living Memorial; the Legacy Story Project; the Community Forum; and the Encyclopedic Archive) on this website (the “Submissions”).
Although, as between the parties, I will retain ownership of the copyright in my Submissions, I grant to the Foundation a non-exclusive license (the “License”) to use my Submissions as follows (check one):
The Foundation may use (and allow others to use) my Submissions (a) in connection with exhibitions and programs, (b) as part of one or more archive collections that may be made available to the public, (c) for educational, research, documentary, archival, and historical purposes, (d) in publications and materials produced by or on behalf of the Foundation, and (e) as otherwise set forth in this License.
The Foundation and its successors, licensees and assigns shall have the right to reproduce, distribute, exhibit, perform, and otherwise use my Submissions, in the manner I have indicated by checking one of the boxes above and as otherwise set forth in this License, in any and all media, whether now known or hereafter devised, throughout the world. This License is irrevocable, royalty free, and shall endure for the entire term of the copyright in the Submissions. This License shall survive all assignments of copyright by me. The rights granted by me include the right to use my Submissions, as well as my name and biographical information, in connection with fundraising, advertising, publicity and promotion for the Foundation and its programs. The Foundation has no obligation to use my Submissions.
The Foundation may authorize others to use the Submissions as long as all uses are consistent with the terms of this License. The Foundation shall obtain my prior permission should it wish to use the Submissions in a manner that is not permitted in this License.
I understand that, in order to preserve and ensure long-term access to the Submissions, the Foundation may have to make changes to the file format of the Submissions, and I hereby authorize the Foundation to make such changes.
The Foundation shall have the right to alter or edit the Submissions in connection with any reproductions, but the Foundation shall respect the quality and integrity of the Submissions in any reproductions it undertakes, and shall include standard safeguards in reproducing images on the Internet (including, for example, use of low-resolution images, inclusion of copyright information and copyright notices, when practicable, and posting on the applicable website conditions of use that limit use to educational, personal and non-commercial uses, where applicable).
I represent and warrant that I am the sole author and creator of the Submissions and am completely free to grant the rights granted in this License, and that the exercise of the rights granted by me in this License will not infringe upon the rights of any third party. I hereby release the Foundation, its affiliates, assigns, successors and licensees from, and agree not to sue for, any claim or cause of action, whether now known or presently unknown, based upon or relating to the Submissions or any exercise of any of the granted rights. I agree to defend, indemnify, release, discharge and hold harmless the Foundation, its affiliates, assigns, successors and licensees, and their respective officers, directors, agents, trustees, employees and assigns (the “Indemnitees”), from any claim that the Indemnitees may incur as a result of any breach of any of the representations and warranties I have made herein.
This license shall be governed by the laws of the State of New York applicable to contracts made and entirely performed in the State of New York, and, in the event any claim arises in connection with this agreement, I agree to submit to the jurisdiction of the courts of the County of New York.
Where appropriate, I will be acknowledged as the author/creator of the Submissions, but I agree that the Foundation shall determine in each case whether I shall receive an acknowledgment and the form of any acknowledgment.