9.1.1. It is acknowledged by the parties that certain materials that are published or made available via Activate may already be in the public domain.
9.1.2. It is acknowledged by the parties that every citizen of the Republic of Kenya has a right of access to information held by the State pursuant to Article 35(1) of the Constitution of Kenya. Accordingly, the original text contained in the Laws of Kenya, judicial precedents, and notices, processes, procedures and guidelines published by State Agencies are common property.
9.1.3. All quotations of the original text of the Laws of Kenya are credited to the Government Printer and the National Council for Law Reporting (otherwise known as Kenya Law or eKLR) as publishers.
9.1.4. Other third-party copyrighted works quoted in or distributed through Activate are attributable to their respective authors or proprietors as stated within the works, or otherwise as indicated in the list of references under each publication.
9.1.5. Third-party works quoted in or distributed through Activate may only be copied, reproduced, distributed or otherwise used subject to and in accordance with such rights as may be expressly granted to you by the concerned third-party or implied under the applicable laws. We make no warranties concerning licensing of Third Party IPR.
9.1.6. All Activate IPR (including derivative works relating to interpretation or application of the Laws of Kenya judicial precedents processes procedures and guidelines of State Agencies) is eligible for copyright protection under the Copyright Act (No. 12 of 2001) and the Berne Convention (both as modified from time to time). Subject to clause 9.2.1 (Templates) and clause 9.2.3 (Licence Conditions) all rights are hereby reserved.
9.1.7. You undertake that you shall not to do, nor cause or permit to be done, anything that may prejudice or damage the ownership of or rights to Activate IPR or Firm IPR or Third Party IPR and/or the goodwill associated thereto.
9.2. Activate IPR
9.2.1. Templates: Document templates are free for commercial use and no attribution is required. We hereby unconditionally and irrevocably disclaim all Activate IPR in all document templates (including legal instruments) that are published or made available through Activate.
9.2.2. Trademark Protection: The mark Activate® and associated logos together with any variations of the same whether registered or unregistered including the words devices and other elements in the layout and colours presented shall remain the exclusive property of Miriam Muthoni Kanya. The said brand may not be used for any purpose without prior and express written consent which consent may be delayed restricted or entirely withheld at our discretion.
9.2.3. Licence Conditions: Except for:
220.127.116.11. Third-party works which are governed by the licenses granted by the respective third-party proprietors or otherwise implied by law;
18.104.22.168. Document templates, which are absolutely free from any restriction; and
22.214.171.124. The mark Activate® which remains under trademark protection;
Activate IPR is licensed to all persons subject to the following conditions but otherwise free from any other restriction:
126.96.36.199. This licence shall only apply if access to Activate IPR is obtained through legitimate means. The licence shall be and is hereby withheld concerning any works that are accessed through piracy or any unauthorized or illegal means.
188.8.131.52. Unless prior express consent is granted by us in writing, not more than five (5) works or extracts thereof may be quoted verbatim (word for word) in the same print or electronic medium at any given time.
184.108.40.206. Unless prior express consent is granted by us in writing, not more than five (5) minutes’ audio or audio-visual recording may be included in the same broadcast or recording (whether used as a single segment or multiple segments).
220.127.116.11. All works must be properly cited as follows:
Extract from Activate® business-advocate.com
© Miriam Kanya and Associates
18.104.22.168. You shall distribute our works under the same license as we hereby grant to you, and you shall not use the works in a manner likely to suggest that we endorsed your use.
22.214.171.124. The validity of this licence is dependent upon continued compliance with the aforementioned conditions. We reserve the right to suspend or revoke the licence granted to any User or group of Users with or without notice in the event of any actual or suspected violation of the licence conditions.
9.2.4. Request for Consent: If your proposed use of Activate IPR does not fall within the parameters described in the foregoing sub-clauses, prior and express written consent will be required, which consent may be delayed restricted or entirely withheld at our discretion. For guidance on how to seek consent, please refer to the Frequently Asked Questions (FAQs).
9.2.5. Deep Linking: Unless the prior consent of the Firm is obtained in writing, which consent may be delayed restricted or entirely withheld at our discretion, direct hyperlinking to articles files images or other content hosted on the domain https://business-advocate.com is strictly prohibited.
9.3. Firm IPR
9.3.1. Firm IPR (including the mark Miriam Kanya and Associates® and associated logos together with any variations of the same whether registered or unregistered including the words devices and other elements in the layout and colours presented) shall remain the exclusive property of Miriam Muthoni Kanya.
9.4. Other Third Party IPR
9.4.1. All Intellectual Property Rights in software and hardware used by the Firm is reserved by the respective licensors.