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.