Artwork, Images, Logos, Product Names, Slogans, Drawings
1. ACCEPTANCE OF AGREEMENT
“Media Files” shall mean the artwork, graphics, images, logos, product names, slogans, drawings, photographs, videos, digital images, audio/visual recordings and all related material of Hydronix Water Technology. Media Files are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any Media Files or any part of them, except as allowed by Section 4, is strictly prohibited. You shall not acquire ownership rights to any Media Files.
Hydronix, Polaris Scientific UV, Hydrofit, Hydron, HydroScientific, SHOK BLOK, Aquatrol, HydroGuard and ___________ are trademarks, registered trademarks and/or licensed for use of Hydronix Water Technology.
4. LIMITED RIGHT TO USE
The use of Media Files is limited to printing only. Unless otherwise specified in a writing signed by an authorized representative of Hydronix Water Technology, Hydronix Water Technology grants you only a limited, nonexclusive agreement of use and does not authorize distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any Media File may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, including web pages other than for your personal corporate internal use without written permission granted by the Vice President or President of Hydronix Water Technology. All advertisements, sales sheets, catalog pages, informational newsletters or any other form of communication containing all or part of the Media Files must be approved by of Hydronix Water Technology prior to use, printing and distribution. You shall provide Hydronix Water Technology with a copy of any advertisements, sales sheets, catalog pages, informational newsletters or any other form of communication containing all or part of the Media Files. Hydronix Water Technology reserves the right for permission of use and can require cease of use and deletion of previously approved media files.
5. EDITING, DELETING, AND MODIFICATION
We reserve the right in our sole discretion to edit or delete any Media Files and enforce the use of Specific Media Files or represent specific products, salesmarks, logos and slogans.
You agree to indemnify, defend and hold us and our partners, attorneys, staff, employees, agents and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees and costs, related to your violation of this Agreement.
Your right to use the Media Files is not transferable.
This Agreement shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to Media Files, or any information, products or services related thereto, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought in California. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Media Files is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or of the right to enforce such provision.