Archiv/2011-01-28 Chapters Agreement: Unterschied zwischen den Versionen

The Wikimedia Foundation, Inc. is an international non-profit organization dedicated to encouragingthe growth, development and distribution of free, multilingual content, and to providing the full contentof these wiki-based projects to the public free of charge.   

Wikimedia chapters are independent organisations which operate in a specific geographical region andsupport the aims of the Wikimedia Foundation. This agreement constitutes the formal recognition ofthis independent organisation, Wikimedia Österreich, as a Wikimedia Chapter and defines the rightsand obligations of both the Wikimedia Foundation and the Wikimedia Chapter.   

===Anmerkungen===

Irrespective of their locally incorporated names, the chapter is authorised to assume and operate underthe title "Wikimedia Österreich" for all operations as a Wikimedia chapter.   

This Chapter is authorized to cover the geographic region of Austria. The Foundation will not seek tocreate or authorize the creation of any additional chapter within this geographic region. The Foundationwill not engage with other local organizations without consulting with the chapter.   

* 4.2.  The Chapter is obliged to utilise the Wikimedia logo and name in all their  related activitiesand are hereby authorised to do so by the Foundation.

* 4.5.  The use of the Wikimedia logo and localized logo by the Chapter shall be free   of anypayment or royalties.

* 4.6.  The Chapter will as far as possible ensure that use of the logo and trademark   does not createconfusion with use by the Wikimedia Foundation.         

* 4.7.  Commercial use of the Wikimedia name, logo, or localised logo shall be   subject to theterms of a separate trademark agreement between the two   parties.         

* Das "Wikimedia Österreich" Logo oben links, braucht laut 4.3 bei Unterzeichnung eine Extragenehmigung. [[Benutzer:Arved|arved]]

* 5.1.  The Foundation owns, controls and uses many additional marks. These marks are   listed in appendix 2 of this contract and may vary from time to time.

* 5.2.  The Foundation hereby authorises the Chapter to utilise these additional   marks free of anypayment or royalties, solely for their own use in publicity,   fundraising, media relations and  management.

* 5.3.  Commercial use of these additional marks shall be subject to the terms of a  separatetrademark agreement between the two parties.         

*6.1  The Chapter shall seek to ensure in all dealings that it does not appear to   speak for or act forthe Foundation except insofar as may be agreed upon with  the Foundation. The Foundationshall not speak or act on behalf of the Chapter  except insofar as may be agreed upon with the  Chapter.           

*6.2  The Chapter agrees to support the activities of the Foundation so far as it   is permitted to doso and to refrain from (a) engaging in any illegal   activity; (b) engaging in any social or politicalactivism which might   distract from the promoting of free content and knowledge; and (c)engaging in   any activity that might negatively impact the work or image of the Wikimedia   Foundation.           

*6.3  The Foundation agrees to support the activities of the Chapter and to not   engage in anyactivity that might negatively impact the work or image of the  Chapter.         

* 7.1.  The Chapter shall supply to the Foundation a copy of its bylaws and or   incorporation  documents   together with a certified translation into English if not already in that   language.         

* 7.2.  The Chapter shall be required to advise the Foundation of any planned or   actual change inthe bylaws or status of the Chapter which might affect the   Foundation or the continuedexistence or effectiveness of this contract.         

* 7.3.  The Foundation shall be required to advise the Chapter of any planned or   actual change inthe bylaws or status of the Foundation which might affect the   Chapter or the continuedexistence or effectiveness of this contract.         

* 8.1.  The chapter shall supply a written activity and financial report in English   at least once ayear to the Foundation, within four months of each chapter   year end.         

* 8.2.  The Foundation shall supply a written activity and financial report from the   FoundationBoard in English to the Chapter within four months of each   Wikimedia Foundation year end.         

The term of this agreement is one year and is automatically renewed unless notice is given threemonths in advance by either party. Notice of revocation needs to be made in writing and given to theother party. Upon termination of this agreement, the chapter will cease to be recognized and all permissions including usage of trademarks, logos and name usage shall be withdrawn with immediateeffect.   

This agreement is subject to the laws of the United States of America and the State of California,without regard to conflict of law rules.   

The Foundation and Chapter agree that in the event of litigation, venue shall be proper only in thecourts of competent jurisdiction for San Francisco County, California. The Foundation and Chapteragree to be subject to the jurisdiction of said courts for purposes of any action brought pursuant to thisagreement.   

Prior to the commencement of any lawsuit, both parties agree to a mandatory mediation process, to beconducted in person before a certified mediator agreed by the parties. Upon completion of good faith  mediation and certification of an impasse by the mediator, either party may bring suit no sooner than 30days following the certfication of impasse.   

 

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