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Dealers Terms & Conditions
- In consideration of you promoting, selling and advertising our products, we hereby grant to you a non-exclusive, non-transferable, non-assignable, non-sublicensable and royalty free licence to use the Materials (as defined below) in relation to the advertisement and promotion of goods and products sold by us from time to time subject to the terms and conditions of this clause (the Licence).
- For the purposes of this agreement the “Materials” shall include:
- any trading name or style used, owned or adopted by us in relation to the sale of our goods and services and which shall include but not be limited to the terms “Zehnder”, “Zehnder Professional”, “Bisque” or such other names or styles as we may adopt or use from time to time throughout the world and, in each case, whether registered or unregistered;
- any logos, symbols or designs which are used in the course of prompting our goods or services from time to time throughout the world, in each case whether they incorporate and trading name or style adopted by us or not or whether registered or unregistered;
- any images, designs, drawings, schematics, computer-aided-design graphics or designs relating to the goods or products by us and which are available on our site.
- By using any Materials pursuant to the terms of the Licence, you agree to be bound by the terms of our branding policy as set out in this clause or as may be notified to you from time to time.
- The Licence is conditional upon:
- all Materials which display our products or images thereof should always be named in full in a prominent position.
- the Zehnder logo being displayed in red on a white background using the official form made available for download via our site or and CD provided to you by us. For printed matter, the logo should be 25mm in width and 15.58mm in height with a white 14mm protective border surrounding it. A smaller size with a width of 15mm, height of 9.34mm and a protective zone of 6.5mm is acceptable.
- You are obliged to use the most recent versions of the Materials, as notified to you by us from time to time.
- We offer no warranty as to the validity of any rights which may be comprised in the Materials, you acknowledge that all intellectual property rights in the Materials now available (or which may become available) in any part of the world vest exclusively and unconditionally in us and, where applicable, our licensors. You undertaken not to challenge our intellectual property rights in the Materials, apply to register any rights in respect of or relating to the Materials, acquire any rights in or to the intellectual property rights in any of the Materials.
- In the event that you become aware of any dispute, claim or challenge in respect of the intellectual property rights in the Materials or in connection with your use thereof, you shall notify us immediately in writing and not make any admission or take any action in respect of such matter without our prior written consent. You agree that we shall have exclusive conduct in respect of such matter insofar as it relates to the Materials.
- We may terminate the Licence on written notice to you and without notice. In the event that such notice is served we you shall immediately cease to use the Materials and to return (or irretrievably delete) such copies or instances of the Materials as may be in your possession or under your control.