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Promotional Material Terms

Introduction

This Agreement between the end user ("You") and Geofeat Pty Ltd, ABN 66 122 598 038, the operator of www.geofeat.com, ("Geofeat") consists of these Promotional Material Terms ("Promotional Terms") regarding Your use of Geofeat's online promotional material (the "Online Material").

By using the Geofeat Online Material, You explicitly agree to be bound by the Promotional Terms below as well as any renewed versions thereof, as will be published on the Geofeat website or as may be otherwise notified to You by Geofeat.

Geofeat Online Material

  1. As an exception to the Agreement, You are allowed to use the Geofeat Online Material, under the conditions as set forth herein.
  2. Geofeat, herewith, grants You a non-exclusive and non-transferable license, without the right to grant sub-licenses, to use the Geofeat Online Material on Your website for the purpose of promoting Geofeat, the Geofeat website and/or services and other products of Geofeat.
  3. You may use the Geofeat Online Material only for a legitimate purpose and provided that:
    1. You will use the Geofeat Online Material only online, through Your website
    2. You will use the Geofeat Online Material only for non-commercial gain, unless differently agreed in a separate agreement entered into by, and between, You and Geofeat
    3. You shall use Geofeat Online Material in such form as it is made available in the Geofeat Website, and shall not make any changes to the graphics or source code, or any other parts of the Geofeat Online Material
    4. You will not use the Geofeat Online Material on website(s) that is/are in any way similar to the Geofeat website or use the Geofeat trademark, or words describing Geofeat's products or services as the registered URL for website(s) on which You use the Geofeat Promotional Material
    5. You will not harm, misuse or bring into disrepute Geofeat, or the services of Geofeat. On the contrary, You will maintain the value and reputation thereof to the best of Your ability. 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 offence
    6. You will regularly monitor the Geofeat website in order to ensure that You are using the latest Geofeat 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 Geofeat Online Material
  4. Nothing in these Promotional Terms shall grant You any rights with regard to the Geofeat Online Material other than the right to use the Geofeat Online Material as set out hereunder.

Intellectual Property Rights

  1. All intellectual property rights (including but not limited to trademarks, copyrights and patents) relating to the Geofeat Online Material, other Geofeat promotional materials, Geofeat software, Geofeat website and/or other products or services from Geofeat, are the exclusive ownership of Geofeat or its licensors. Nothing in this Agreement intends any transfer of any intellectual property right, or to vest any intellectual property right with You
  2. You are not allowed to register any trade names, trademarks, logos, domain names or any other names or signs similar to Geofeat's intellectual property rights, including but not limited to the Geofeat Online Material.

General Provisions

  1. You represent and warrant that You are authorised 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 outlined in these Promotional Terms
  2. You acknowledge and agree that Your use of the Geofeat Online Material will be at Your own risk and account. You agree to indemnify, defend and hold Geofeat and the Geofeat 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:
    1. Your use of the Geofeat Online Material, or
    2. Any breach of violation of the terms and conditions of the Promotional Terms and/or the Agreement
  3. Geofeat reserves the right to modify these Promotional Terms at any time. Geofeat 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 GEOFEAT ONLINE MATERIAL YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO GEOFEAT THE RIGHTS SET FORTH HEREIN.

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