The BBC is making the SMEF Data Model available to enquirers without charge, subject to the no-signature licence incorporated below.
To signify your agreement to the licence and to order SMEF-DM please use the link at the end of this page.
Terms and Conditions table of contents.
Click on a section to jump to it.
- GRANT OF RIGHTS
- TERM AND TERMINATION
- INTELLECTUAL PROPERTY RIGHTS
- MODIFICATION OF SMEF-DM
- LIMITATIONS OF THE LICENCE
- NO WARRANTY
- GENERAL
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TERMS AND CONDITIONS FOR USING, COPYING, DISTRIBUTING AND MODIFYING SMEF-DM
NOTICES: This Licence Agreement ("the Licence") is a legal agreement between you (either as an individual or as any other legal entity) and the British Broadcasting Corporation ("the BBC") for use of the SMEF-Data Model ("SMEF-DM") and related documentation provided with SMEF-DM. By opening, copying or otherwise using these SMEF-DM files you agree to be bound by the terms of the Licence. If you do not agree to the terms of the Licence, do not open or use SMEF-DM.
SMEF is a trade name of the BBC ("the SMEF Trade Name") and the BBC has applied to register SMEF as a trade mark in the UK and will be making applications to register SMEF as a trade mark in certain other countries including the USA. Nothing in the Licence shall entitle you to use the SMEF Trade Mark in connection with any goods or services created or distributed by you without formal permission from the BBC as set out below in the Licence. The BBC has also applied for patents ("the BBC Patent") on certain aspects of broadcast media metadata structure. To the extent only, that the particular version of SMEF-DM which you open infringes this patent you are granted a royalty-free perpetual licence to use this patent for certain specific acts in accordance with the Licence. Nothing in the Licence shall entitle you to a general Licence under the BBC Patent nor shall this Licence entitle you to imply that your products are SMEF-compliant.
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1. GRANT OF RIGHTS
1.1 On condition that you conform with the terms and conditions of this Licence, the BBC grants to you the non-exclusive, non-transferable right throughout the World to:
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1.1.1 use SMEF-DM or any part thereof on any number of systems;
1.1.2 copy SMEF-DM;
1.1.3 to re-distribute SMEF-DM to third parties provided that:
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1.1.3.1 you ensure that all copies which you re-distribute include and are subject to this Licence;
1.1.3.2 that all copies which you re-distribute include a clear notice stating: "SMEF-DM Copyright BBC ® 2000"
"SMEF is a trade name of the BBC";
1.1.3.3 that no charge is made for SMEF-DM, save that you may recover your reasonable costs of re-distribution and may charge in accordance with normal commercial practice for products or services created or distributed by you which incorporate SMEF-DM.
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1.1.4 to modify SMEF-DM subject to compliance with the provisions of clause 4.
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2. TERM AND TERMINATION
2.1 The Licence is effective until terminated. You may terminate the Licence at any time by ceasing to use SMEF-DM, and removing it from all the systems on which you installed it and destroying all copies in your possession or control. The BBC has the right to terminate the Licence if you fail to comply in full with the terms and conditions of this Licence. In the event of such termination by the BBC, you shall agree to cease immediately use of SMEF-DM, to remove it from all the systems on which you installed it, and to destroy all copies in your possession or under your control. However, parties who have received copies, or rights, from you under this Licence will not have their Licences terminated so long as such parties remain in full compliance.
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3. INTELLECTUAL PROPERTY RIGHTS
3.1 You acknowledge that no title to any intellectual property rights in SMEF-DM is transferred to you. You further acknowledge that title and full ownership rights to SMEF-DM shall remain the exclusive property of the BBC and you will not acquire any rights except as are expressly set out in this Licence. You agree that any copies of SMEF-DM will contain the same copyright notices as appear in and on SMEF-DM as supplied to you by the BBC.
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4. MODIFICATION OF SMEF-DM
4.1 You may modify your copy or copies of SMEF-DM or any portion of it, thus forming a work based on SMEF-DM, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of the following conditions:
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4.1.1 You must cause the modified data models to carry prominent notices stating that you changed the data models and the date of any change.
4.1.2 You must cause any work that you distribute or publish, that in whole or in part contains or is derived from SMEF-DM or any part thereof, to be licenced as a whole at no charge in perpetuity and non-exclusively to the BBC its subsidiaries and joint ventures substantially in the same terms (and for the avoidance of doubt under terms that are no less favourable) as under this Licence.
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4.2 These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from SMEF-DM, and can be reasonably considered independent and separate works in themselves, then this Licence, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on SMEF-DM, the distribution of the whole must be on the terms of this Licence,
4.3 Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to ensure that the BBC is entitled to use, copy, distribute and modify without charge derivative or collective works based on SMEF-DM. This would not include tangible product, but rather the underlying data models or designs comparable with SMEF-DM.
4.4 In addition, mere aggregation of another work not based on SMEF-DM with SMEF-DM (or with a work based on SMEF-DM) on a volume of a storage or distribution medium does not bring the other work under the scope of this Licence.
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5. LIMITATIONS OF THE LICENCE
5.1 You may not copy, modify, sub-Licence, or distribute SMEF-DM except as expressly provided under this Licence. Any attempt otherwise to copy, modify, sub-Licence or distribute SMEF-DM is void, and will automatically terminate your rights under this Licence. However, parties who have received copies, or rights, from you under this Licence will not have their Licences terminated so long as such parties remain in full compliance.
5.2 You are not required to accept this Licence, since you have not signed it. However, nothing else grants you permission to modify or distribute SMEF-DM or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing SMEF-DM (or any work based on SMEF-DM), you indicate your acceptance of this Licence to do so, and all its terms and conditions for copying, distributing or modifying SMEF-DM or works based on it.
5.3 Each time you redistribute SMEF-DM (or any work based on SMEF-DM), the recipient automatically receives a Licence from the BBC to copy, distribute or modify SMEF-DM subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this Licence.
5.4 If, as a consequence of a court judgement or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this Licence, they do not excuse you from the conditions of this Licence. If you cannot distribute so as to satisfy simultaneously your obligations under this Licence and any other pertinent obligations, then as a consequence you may not distribute SMEF-DM at all. For example, if a patent Licence would not permit royalty-free redistribution of SMEF-DM by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this Licence would be to refrain entirely from distribution of SMEF-DM.
5.5 You must not use the SMEF Trade Name in connection with any work or product created or distributed by you without executing a separate written agreement with BBC which would be subject to the BBC's approval, at its sole discretion, following inspection of the derived work. A form of words will be provided to you by the BBC on request for inclusion in descriptive documentation as appropriate.
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6. NO WARRANTY
6.1 Because SMEF-DM is Licenced free of charge, there is no warranty for SMEF-DM, to the extent permitted by applicable law. Except when otherwise stated in writing the BBC and/or other parties provide SMEF-DM "as is" without warranty of any kind and all warranties, condition or other terms whether expressed or implied by statute or otherwise, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are hereby excluded to the fullest extent permitted by law. The entire risk as to the quality and performance of SMEF-DM is with you. Should SMEF-DM prove defective, you assume the cost of all necessary servicing, repair or correction.
6.2 In no event unless required by applicable law will the BBC, or any other party who may modify and/or redistribute SMEF-DM as permitted above, be liable to you for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use SMEF-DM (including but not limited to loss of data or data being rendered inaccurate or losses sustained by you or third parties or a failure of SMEF-DM to operate with any other version of SMEF-DM or works that incorporate SMEF-DM or any version or part thereof) even if such holder or other party has been advised of the possibility of such damages.
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7. GENERAL
7.1 If any portion of the Licence is held invalid or unenforceable under any particular circumstance, the balance of the Licence is intended to apply and the Licence as a whole is intended to apply in other circumstances.
7.2 A variation of the Licence is valid only if it is in writing and signed on behalf of the BBC.
7.3 The failure to exercise or delay in exercising a right or remedy provided by this Licence or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by the Licence or by law prevents further exercise of the right or remedy or the exercise of another right or remedy.
7.4 The Licence shall in all respects be construed in accordance with the laws of England and Wales and the English courts shall have exclusive jurisdiction over any matter arising in connection with it.
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To signify your agreement to the licence and to order SMEF-DM please send an email quoting "SMEF-DM" in the subject field, and giving the following details in the body of the email, to smef@bbc.co.uk.
- Your name
- Your contact details
- Your organisation and type (e.g. supplier, broadcaster)
- Reason for your enquiry, and potential usage
- Case tool in use
- Modelling language in use
- That you agree to the licence
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