The following sets out the terms and conditions for the use of Trademarks and Image Rights of Viega LLC, (hereafter referred to as Viega), and User.
RECITALS AND DEFINITIONS
A. Viega GmbH & Co. KG owns or is the holder of rights of various Trademarks and Image rights, as defined below, used in connection with its marketing and sale of products.
B. Trademarks as used in these terms and conditions includes registered and common law trademarks either owned by or licensed to Viega.
C. Image Rights as used in these terms and conditions includes materials produced by or on behalf of Viega for the promotion, sale, and marketing of its products, whether copyrighted or not, which include, among other things, logos, photographs, texts, graphs, technical information, and all other
illustrations of its products contained in catalogs, brochures, on web pages or other forms of advertising, marketing, or e-commence materials.
D. User, as a purchaser of Viega products, is in a business relationship with Viega and desires to use the Trademarks and Image Rights to promote its sale of Viega products through use in printed material, signage, website, or other acceptable means.
Therefore, Viega and User agree that Viega shall permit the use of Trademarks and Image Rights under the following terms and conditions of use and User accepts and agrees to such terms and conditions (hereinafter referred to as Agreement).
TERMS AND CONDITIONS OF USE
Ownership
1. User acknowledges that Viega or its affiliates are the exclusive owner of the Trademarks and Image Rights covered by this Agreement and under which Viega grants the right to use under paragraph 3 of this Agreement. Any goodwill or other rights derived from the use by User of the Trademarks shall inure to the benefit of and hereby be assigned to Viega. User further agrees that it has no claim to any right, title and interest in the Trademarks and Image Rights other than the license granted under this Agreement.
2. User agrees that it shall never challenge the validity or exclusive ownership of Viega or its affiliates, or jeopardize any registration of, the Trademarks and Image Rights covered under this Agreement and upon which Viega grants the right to use pursuant to paragraph 3 of this Agreement.
3. User shall not apply for, directly or indirectly, any trademark or service confusingly similar to the Trademarks or Image Rights.
Permission to Use
4. Subject to this Agreement, Viega grants User a non-exclusive, royalty free license to use Trademarks and Image Rights exclusively for the purpose of promoting the sale of Viega products, subject to any limitations the business relationship with Viega may otherwise provide for, and User accepts such license.
This Agreement is not assignable, nor can it be sublicensed by User without the prior written consent of Viega.
Obligations of User
5. User shall use the Trademarks and Image Rights only in the form authorized by Viega and only in connection with products sold or applications approved by Viega in writing. Viega reserves the right to promulgate from time to time guidelines and rules regulating the use of Trademarks and Image Rights by User.
6. User shall not modify the Trademarks or Image Rights nor use the Trademarks or Image Rights as a component of User’s trade names or corporate logos nor represent that the use of the Trademarks or Image Rights creates any partnership or joint venture between Viega and User.
7. User shall not use the Trademarks and Image Rights in a manner likely to (a) cause confusion with other trademarks or products or that do not originate from Viega, (b) dilute or tarnish the Trademarks and Image Rights, or (c) cause damage to the reputation, good will or commercial image of Viega or its products. User shall comply strictly with the directions of Viega regarding the form and manner of the use of the Trademarks and Image Rights.