Publisher address,

Date

Dear (Name),

RE: “Re-use of Court Judgments and Tribunal Decisions”

Further to your application and our recent discussions, this letter is to confirm that THE NATIONAL ARCHIVES of Ruskin Avenue, Kew, Surrey TW9 4DU (the ‘Licensor’) hereby grants to (PUBLISHER and its address) (the ‘Re-user’) the Rights to re-use the Licensed Material for the Re-user’s Purpose on terms as detailed below:

The Licensed Material: Means Court Judgments and Tribunal Decisions published by the Keeper of Public Records on The National Archives website.

The Purpose: To publish the current version of the information on a website (please complete) and to provide search facilities that enable users to find and access judgments.

Intellectual Property Rights: Means any current and future intellectual property rights, including without limitation copyrights, trade-marks, trade names, domain names, rights in logos and branding, inventions, confidential information, trade secrets and know-how including commercial know-how, design rights, patents, utility models, semi-conductor topographies, all rights of whatsoever nature in computer software and data, rights in databases, all intangible rights and privileges of a nature similar, analogous or allied to any of the above in every case in any part of the world and whether or not registered, including, in relation to the above all renewals, reversions or extensions; the right to sue for damages for past infringement; and all forms of protection of a similar nature which may subsist anywhere in the world.

The Term: Five (5) calendar years from the date of the latest signature of this Licence.

The Territory: World

The Rights: Means the royalty-free non-exclusive and non-transferable right during the Term and throughout the Territory:

to copy, publish, distribute and transmit the Licensed Material for the Purpose;

to undertake computational analysis of the Licensed Material for the Purpose.

Acknowledgement: An acknowledgement in the form specified must appear in a prominent location and in a form approved by the Licensor.

The form of acknowledgement is: “Crown copyright material reproduced by permission of The National Archives. The contents of the judgment can be used under the Open Justice – Licence.”

Restrictions:

(a) The Re-user must:

use the current version of the Licensed Material;

comply with any judicial decision that restricts the use of personal data within the Licensed Material;

remove any Licensed Material that is subsequently no longer published on The National Archives website, or has been replaced by a revised version from the Courts or Tribunals;

ensure the Licensed Material is not used in a way that suggests any official status or that the Licensor endorses the Re-user’s products or services;

ensure analysis of the Licensed Material and its presentation have regard to the dignity of the Courts and Tribunals, and to their function as working bodies;

ensure analysis of the Licensed Material and its presentation respect the independence of the judiciary and their impartial judgment;

ensure that outcomes of analysis do not cause direct discriminatory harm;

ensure that algorithms and analysis are free from bias;

prevent search engine indexing and third-party crawling and scraping of the contents of judgments and decisions;

(b) The Re-user must not:

mislead others or misrepresent the Licensed Material or its source. In particular, the Re-user must state in a prominent location and in a form approved by the Licensor that the Licensed Material only partially represents the activities of the courts and tribunals;

use the Licensed Material in any way that jeopardises the proper administration of justice;

Exclusions: This Licence does not cover:

information that has neither been published nor disclosed under information access legislation (including the Freedom of Information Acts for the UK and Scotland) by or with the consent of the Licensor;

emblems and insignia of the courts and tribunals;

third party rights the Licensor is not authorised to license;

information subject to other intellectual property rights, including patents, trademarks, and design rights; and

personal data contained in the Licensed Material.

For the avoidance of doubt:

this Licence is not a data sharing agreement for personal data in the Licensed Material; and

this Licence is not a processing agreement for personal data in the Licensed Material.

Termination: This Licence may be terminated forthwith by the Licensor if the Re-user commits any material or persistent breach of any term of this Licence. On termination of this Licence for any reason all rights and obligations of the parties shall cease and terminate and the Re-user Publisher shall either deliver up all copies of the Licensed Material to the Licensor free of charge or erase all such copies and provide a certificate of erasure in a form satisfactory to the Licensor.

Warranties: The Licensor warrants and undertakes that it has the right to grant the Rights to the Re-user under this Licence.

The Licensor is not liable for any errors or omissions in the Licensed Material and shall not be liable for any loss, injury or damage of any kind caused by its use.

The Re-user warrants and undertakes that:

it has the right to enter into this Licence; and

it shall not infringe the Intellectual Property Rights or any other rights of any third party;

The warranties set out above are in lieu of all warranties terms and conditions whether implied by or arising under statute or common law custom trade usage or course of dealing between the parties or otherwise all of which are hereby excluded to the fullest extent permitted by law.

Assignment: Neither party may assign, novate or sub-license any of its rights or obligations under this Licence without the prior written consent of the other party. This Licence shall bind each party’s successors and permitted assignees.

Jurisdiction: This Licence shall be governed by and construed according to the laws of England & Wales and the parties submit to the jurisdiction of the English Courts.

This Licence is executed by the Parties as of the date of the latest signature appearing below:

For and on behalf of

The National Archives: ………....…..............................……………………….……

Name: ……………….…………………………………………………………………….

Date: ..…………………………………………………………………………………….

For and on behalf of

(Publisher’s name): ……………………….…………………………................

Name: ……………….…………………………………………………………………….

Date: ..…………………………………………………………………………………….