Archive Deed of Gift

This deed of gift is between Kettle's Yard, University of Cambridge, Castle Street, Cambridge, CB3 0AQ ("Kettle's Yard") and "The Donor" (below):

The Donor has agreed to make the Donation to Kettle's Yard on the following terms:

Subject to the Condition Precedent, the Donor hereby undertakes to give to Kettle's Yard absolute ownership of the Donation.

This Deed of Gift is conditional on the Committee of Kettle’s Yard, University of Cambridge deciding, by way of formal Committee meeting, to accession the Donation into the Kettle’s Yard Archive. If the Committee decides not to accession the Donation this Deed of Gift shall be cancelled by mutual consent. In the event that this Deed of Gift is cancelled in accordance with the terms of this clause, the Donation shall be immediately returned to the Donor at Kettle’s Yard’s expense.

The Donor hereby grants to Kettle’s Yard and those authorised by Kettle’s Yard a non-exclusive, world-wide, irrevocable and royalty free licence to copy, reproduce, record, store and disseminate by any means (including in electronic, digital and print format) those parts of the Donation of which s/he holds copyright or any other intellectual property rights (the ‘Licence’). The Donor acknowledges that the Donation hereby enters Kettle’s Yard’s legal ownership and thus forms part of Kettle’s Yard’s collection, governed by UK regulations. Access to, and any use of, Kettle’s Yard’s digital photography of the Donation (also the property of Kettle’s Yard) – whether by the Donor or by a third party – will be governed by UK regulations. Kettle’s Yard’s digital photography is managed in-house, and must therefore be cleared in advance via archive@kettlesyard.cam.ac.uk. Kettle’s Yard’s photography remains a separate and distinct asset to any underlying copyright in the Donation itself.

The Donor shall bear all the risk of damage or destruction of the Donation and s/he shall ensure the Donation until the Donation is formally acceded to the Kettle’s Yard Archive or returned to Donor in accordance with clause 3.

The Donor hereby warrants that: 9.1 s/he is the legal owner with full title guarantee of the Donation and is entitled to give the Donation to Kettle’s Yard; 9.2 s/he is the legal owner with full title guarantee to the intellectual property rights affected by the Licence and is entitled to grant the Licence to Kettle’s Yard and those authorised by Kettle’s Yard; 9.3 to the best of her/his knowledge and belief, the Donation is not affected by or the subject of any third-party rights or claims.

Kettle’s Yard hereby agrees that: 10.1 All reasonable care shall be taken to preserve the Donation by housing it in appropriate packaging within an environmentally controlled and secure store. 10.2 Once the Donation has been catalogued it shall be made available for consultation to any bona fide researcher upon request given reasonable notice. 10.3 Items identified by the donor for a restricted period of closure will be withheld by the Archive until permission to access them has been received from the donor.

This Deed shall be governed by English law and the parties hereby submit to the exclusive jurisdiction of the English courts. IN WITNESS whereof this Deed was executed and delivered as a Deed the day and year first above written: