Rouchon Industries, Inc. dba Swiftech® Trademark and Graphic Usage Agreement

Rouchon Industries, Inc. dba Swiftech®. ("Swiftech®") grants you ("Advertiser") limited permission to use the trademarks ("Swiftech® Trademarks") or graphics ("Swiftech® Graphics") provided herein solely in connection with the advertising, marketing, promotion and sale of Advertiser products including a Swiftech® product and in accordance with the terms and conditions provided below, but does not include permission to use the Swiftech® Trademarks or Swiftech® Graphics on Advertiser product packaging.

You must agree to abide by these terms and conditions before you download, copy, or use the Swiftech® Trademarks or Swiftech® Graphics provided herein. Any such downloading, copying or use indicates your acceptance of these terms and conditions. If you do not agree to these terms and conditions, do not download, copy, or use the Swiftech® Trademarks or Swiftech® Graphics in connection with the advertising, marketing, promotion and sale of Advertiser products including a Swiftech® product.
 
I. Trademarks

Advertiser shall use the Swiftech® Trademarks only in the manner specified by Swiftech® in the respective Swiftech® Trademark and/or Logo Usage Guidelines (individually or collectively “Swiftech® Trademark Usage Guidelines”) provided by Swiftech®. The Swiftech® Trademark Usage Guidelines may be modified by Swiftech® from time to time.
Advertiser shall comply with the following terms and conditions:
  • Advertiser shall use the Swiftech® Trademarks solely in connection with the corresponding Swiftech® products and not for any other goods and/or services.
  • Advertiser's company name, logo or product name shall appear on any products or related materials where a Swiftech® Trademark is used.
  • Advertiser shall not combine the Swiftech® Trademarks with any other trademark, trade name, other logo, words, graphics, photos, slogans, numbers, design features, or symbols.
  • Advertiser shall not use the Swiftech® Trademarks in any manner that may disparage the Swiftech® Trademarks or impair the validity, scope, title or goodwill of Swiftech® in the Swiftech® Trademarks.
  • In each publication or other item produced or caused to be produced by Advertiser that includes any Swiftech® Trademark, Advertiser agrees to provide a specific trademark attribution that uses a ™ and acknowledges Rouchon Industries, Inc. dba Swiftech® as the owner of the trademark(s) used. Such acknowledgement shall be in a font size customarily used and at least as large as other trademark attribution.
  • Advertiser agrees to maintain that standard of quality comparable with the current quality of computer products standard in the industry while using the Swiftech® Trademarks. Quality standards in connection with the use of the Swiftech® Trademarks with Advertiser computer products including Swiftech® products shall be at least equal to those used by Advertiser for comparable Advertiser computer products that do not include Swiftech® products.
  • Advertiser shall supply Swiftech®, for Swiftech’s written approval (which shall not be unreasonably withheld), representative specimens of products and marketing, advertising, promotion, and sales materials bearing a Swiftech® Trademark at least ten (10) business days prior to use of said products or materials. Swiftech® will respond within five (5) business days of receipt of said product or materials, and failure to respond will be deemed approval. Following approval, Advertiser shall only be required to submit for approval, additional samples that substantially differ from those previously approved.
  • Advertiser acknowledges the great value of the goodwill associated with the Swiftech® Trademarks and further acknowledges that Swiftech® is the sole and exclusive owner of the Swiftech® Trademarks and the goodwill associated therewith. Advertiser agrees that it will not, either during or after the term of this Agreement, contest, attack or dispute, or assist another party in contesting, attacking or disputing Swiftech's title or rights in the Swiftech® Trademarks.
  • Advertiser shall defend, indemnify and hold Swiftech® harmless from and against any claims, lawsuits, judgments, losses, damages, costs and attorney's fees at all levels of proceedings arising from an unauthorized or negligent use by Advertiser of Swiftech’s Trademarks or the trademarks of a third party.
  • Advertiser shall inform Swiftech®, within a reasonable time, of any unauthorized use of the Swiftech® Trademarks that comes to the attention of Advertiser. Swiftech® shall have the right, but not the obligation, to take action against any unauthorized user. 
II. Swiftech® Graphics

Advertiser shall comply with the following terms and conditions:
  • Advertiser shall use the Swiftech® Graphics solely in connection with the corresponding Swiftech® products and not for any other goods and/or services.
  • Advertiser shall not use the Swiftech® Graphics in any manner that may disparage the Swiftech® Graphics or impair the validity, scope, title or goodwill of Swiftech® in the Swiftech® Graphics.
  • In each publication or other item produced or caused to be produced by Advertiser that includes any Swiftech® Graphics, Advertiser agrees to provide a specific attribution that acknowledges Rouchon Industries, Inc. dba Swiftech® as the owner of the graphic(s) used. Such acknowledgement shall be in a font size customarily used and at least as large as other trademark attribution.

III. Advertiser acknowledges that use of the Swiftech® Trademarks and/or Swiftech® Graphics in no way implies sponsorship or certification by Swiftech® of Advertiser's company, products and/or services. Advertiser shall not use the Swiftech® Trademarks and/or Swiftech® Graphics in any manner that implies Swiftech’s sponsorship or certification of Advertiser's company, products and/or services.

IV. Advertiser acknowledges that the Swiftech® Trademarks and Swiftech® Graphics shall not be modified to infringe the copyright, trademark or common law rights of any person or entity; and that nothing contained in material produced by the Advertiser that incorporates the Swiftech® Trademarks or the Swiftech® Graphics will constitute a libel or slander against, or violate or infringe upon any right, common law or otherwise, of any kind or nature whatsoever, of any person or entity, including, without limitation, any right of privacy or publicity. ADVERTISER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS Swiftech® AND ITS LICENSORS, AND ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS, FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, LIABILITY AND OTHER EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), RESULTING FROM ADVERTISER'S BREACH OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, ADVERTISER’S PRODUCTS OR OTHER IMPROPER USE OF THE Swiftech® TRADEMARKS OR Swiftech® GRAPHICS.

V. Warranty Disclaimer

ALL MATERIALS PROVIDED BY Swiftech®, INCLUDING THE SWIFTECH® TRADEMARKS AND THE SWIFTECH® GRAPHICS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. SWIFTECH® HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO MATERIALS, INCLUDING ALL WARRANTIES, IMPLIED OR EXPRESS, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL SWIFTECH® BE LIABLE FOR ANY DAMAGES WHATSOEVER, (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORT RELATED ACTION, ARISING OUT OF, OR IN CONNECTION WITH, OR IN CONTEMPLATION OF THE USE OR PERFORMANCE OF MATERIALS PROVIDED FROM THIS SERVER, EVEN IF SWIFTECH® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 
VI. Termination

Advertiser's failure to comply with the terms and conditions of this Agreement shall result in an immediate termination of this Agreement. Swiftech® reserves the right to withdraw permission to use the Swiftech® Trademarks and/or the Swiftech® Graphics, in its sole discretion. Upon the expiration or termination of this Agreement, the rights and licenses granted hereby to Advertiser shall immediately terminate and Advertiser shall immediately cease to use the Swiftech® Trademarks and/or Swiftech® Graphics.

VII. Other

Any claim arising under or relating to this Agreement shall be governed by and construed in accordance with, the substantive laws of the State of California, without regard to principles of conflict of laws. Each party hereto submits to the jurisdiction of the state and federal courts of Santa Clara County and the Northern District of California for the purposes of all legal proceedings arising out of or relating to this Agreement or the subject matter hereof. Each party waives any objection that it may have to contest such forum. Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

This Agreement constitutes the entire agreement between the parties and supersedes any prior or contemporaneous oral agreements with respect to the subject matter of this Agreement.
If you have any questions regarding the terms and conditions of this Agreement, please contact Swiftech® (310) 763-0336 or email info@swiftech.com.

If you agree to abide by the terms and conditions of this Agreement, please click on the "I agree" button. If you do not agree to abide by the terms and conditions of this Agreement then you may not use the Swiftech® Trademarks or Swiftech® Graphics.
 
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