Re: Waste Wise Kids Limited (“we, us, our”) – Waste Wise Kids Project
We have developed the Waste Wise Kids project and concept to teach children about the importance of recycling and sustainability and the impact of waste on our environment (the “Permitted Purpose”). We use a number of different ways to deliver our concept including but not limited to those forms outlined in the Annex to this letter (the “WWK Materials”).
You acknowledge that all intellectual property rights including all copyright and rights in the nature of copyright subsisting in the WWK Materials belong to us. We hereby grant to you a revocable, non-exclusive, royalty-free licence to use the WWK Materials solely for the Permitted Purpose (the “Licence”).
In return for us granting the Licence, you agree to the following terms:
1. You must use the WWK Materials only in the form supplied to you unless we agree otherwise in writing. (For the purposes of this letter, “writing” and “written” includes emails.)
2. If we provide our written consent to you incorporating or adapting the WWK Materials into any other form or media (including but not limited to theatrical or dance productions) then you will not release, display or use the final article(s) or media in the public domain without our prior written approval.
3. You must consult with us as to the form and content of all advertising and promotional material used by you in connection with your use of the WWK Materials (or any adaptation of them) and you must not use or distribute such material unless we have given you our prior written approval.
4. You must not without our prior written consent:
(a) use the WWK Materials for any commercial purpose whatsoever; or
(b) use the WWK Materials for any purpose other than the Permitted Purpose.
5. You must not copy the WWK Materials or produce any materials that are similar to the WWK Materials.
6. You acknowledge that in connection with your use of the WWK Materials we may disclose to you certain confidential information regarding our business, the Permitted Purpose or our plans for future development of the WWK Materials (“Confidential Information”). You may use the Confidential Information only for the purposes envisaged by this letter and you must not at any time (whether during the term of the Licence or at any time following its termination or expiry) make or use any copies of the Confidential Information or disclose it to any person, company or other organisation whatsoever.
7. The Licence is personal to you. You may not assign, transfer, mortgage, charge, sub-license, sub-contract or deal in any other manner with any or all of your rights and obligations under the Licence without our prior written approval.
8. The Licence does not commence until you return to us a counter-signed copy of this letter.
9. The Licence is granted to you for a fixed period of time only
The Licence is granted to you for the purposes previously stated only and expires automatically without further notice to you when completed.
10. We may terminate the Licence immediately on written notice to you if you commit a breach of any of the terms set out in this letter.
11. You acknowledge and agree that the WWK Materials are made available “as is” and free of charge. To the fullest extent permitted by law, we will not be liable to you for any costs, expenses, loss or damage (whether direct, indirect or consequential, and whether economic or other) arising from your use of the WWK Materials or your exercise of the rights granted to you under the Licence.
This letter and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation will be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this letter or its subject matter or formation.
By accepting the WWK box you are agreeing to our terms and conditions.
For and on behalf of WASTE WISE KIDS LIMITED
Annex – WWK Materials
- The “Waste Wise Kids” brand and logo
- The “Jeff the Rubbish Robot” drawing and concept
- The “Reduce, Reuse, Repurpose, Recycle, Landfill” bottle design
- Presentations including ancillary items which (by way of illustration only) include the following: –
- Associated videos and scripts
- Handouts for presentations including our recycled product examples
- Flash cards and boards
- Branded stickers
- Reward charts
- Branded badges and keyrings
- Branded hoarding
- Branded T-shirts, water bottles and other merchandise
- Any other materials provided or produced by us and made available to you in connection with the Waste Wise Kids project