Promotional Materials Terms
Promotional Materials Terms
additional to the 4S Software Solutions End User License Agreement

IMPORTANT – PLEASE READ CAREFULLY

These Promotional Materials Terms (the “Promotional Terms”) are an addition to the 4S Software Solutions End
User License Agreement, as published on the 4S Website. The capitalized definitions used herein are specified
in Article 1 of said agreement.

By using 4S Online Materials, you explicitly agree to be bound by the Promotional Terms below as well as any
renewed versions thereof, as will be published on the 4S Website or as may be otherwise notified to You by 4S.

1. 4S Online Material

1.1 As an exception to the Agreement, You are allowed to use the 4S Online Material, under the conditions as
set forth herein.

1.2 4S, herewith, grants You a non-exclusive and non-transferable license, without the right to grant sub-
licenses, to use the 4S Online Material on Your website for the purpose of promoting 4S, 4S Software, 4S
Website and/or services and other products of 4S.

1.3 You may use the 4S Online Material only for a legitimate purpose and provided that:
    a. You will use the 4S Online Material only online, through Your website.
    b. You will use the 4S Online Material only for non-commercial gain, unless differently agreed in a
    separate agreement entered into by and between You and 4S. More specifically, You acknowledge that
    You are not entitled to charge for the download or use of the 4S Software or attempt to sell or charge for
    any Service.
    c. You shall use 4S Online Material in such form as it is made available in the 4S Website, and shall not
    make any changes to the graphics or HTML source code or any other parts of 4S Online Material.
    d. You will not use the 4S Online Material on, website(s) that is/are in any way similar to the 4S Website
    or use the 4S’s trademarks or words describing 4S’s products or services as the registered URL for
    website(s) on which You use the 4S Promotional Material.
    e. You will not harm, misuse or bring into disrepute 4S, the 4S Software and the services of 4S, on the
    contrary, You will maintain the value and reputation thereof to the best of Your abilities. Therefore, You
    will not publish or link to any unlawful, criminal, illegal or immoral content on Your website and will
    furthermore refrain from any acts that may be infringing on intellectual property rights or any other third
    party rights, or that may be unlawful or that constitute an offense.
    f. You will regularly monitor the 4S Website in order to ensure that You are using the latest 4S Online
    Material as well as that You are aware of any changes in the applicable legal documents. In the event
    that You cannot agree on any changes in any applicable legal document, You will immediately cease any
    and all use of the 4S Online Material and, where applicable, any and all use of the 4S Software.
    g. You will at any and all times clearly indicate that the 4S Software originates from "4S Software
    Solutions", by using the 4S Online Material in accordance with these terms and, if applicable, further
    instructions provided by 4S.

1.4 Nothing in these Promotional Material Terms shall grant You any rights with regard to the 4S Online Material
other than the right to use the 4S Online Material as set out hereunder.

2. Intellectual property rights

intellectual property right, or to vest any intellectual property right with you.
intellectual property right, or to vest any intellectual property right with you.


2.2 You are not allowed to register any trade names, trademarks, logos, domain names or any other names or
signs similar to 4S’s intellectual property rights, including but not limited to the 4S Promotional Materials.

3. General Provisions

3.1 You represent and warrant that You are authorized to agree to and meet with the terms and conditions of
these Promotional Terms. You acknowledge and agree that the Agreement will apply, except for the exceptions
that are explicitly meant to make in these Promotional Material Terms.

3.2 You acknowledge and agree that Your use of the 4S Online Material will be at Your own risk and account.
You agree to indemnify, defend and hold 4S, its Affiliates and the 4S Staff harmless from and against any and all
liability and costs, including reasonable attorneys’ fees incurred by said parties, in connection with or arising out
of (a) Your use of the 4S Online Material, or (b) any breach of violation of the terms and conditions of the
Promotional Terms and/or the Agreement.

3.3 4S reserves the right to modify these Promotional Terms at any time. 4S will not be liable in relation to any
damage caused by the modification of these Promotional Terms and/or the termination thereof.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE
RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY DOWNLOADING AND/OR USING
THE 4S ONLINE MATERIAL YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS
AND GRANT TO 4S THE RIGHTS SET FORTH HEREIN.

© 4S Software Solutions – November 2006.