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LEGAL DOCUMENT
E.thirteen Components, with the support of members of the
ISCG 05 consortium (hereinafter collectively referred to as
the "Companies") developed the technological knowledge with
respect to the ISCG 05 chainguide mounting standard (hereinafter
referred to as the "ISCG 05 Interface") in accordance with
the Interface Standard (defined below) as described in the
Standard Document (defined below) and is trade marking the
term "ISCG 05" in the United States of America.
It is not the intention of the Companies to patent the ISCG
05 Interface; instead they wish to make the technology and
Interface Standard available for use by others in accordance
with the General Terms of Use Agreement stated herein.
If you as the user of this web site wish to down load and
use the technology contained within this web site you must
agree to comply with the terms and conditions of the following
Agreement without amendment. The terms in this Agreement
supersede any policies described in any other literature published
by the Companies or any one of them.
Before you click on the "Accept" button at the end of
the document carefully read the terms and conditions of this
Agreement. By clicking on the "Accept" button, you are consenting
to be bound by and are becoming a party to the General Terms
of Use Agreement.
If you do not agree to all the terms of the Agreement,
click the "Do Not Accept" button and DO NOT DOWNLOAD OR USE
THE INTERFACE STANDARD.
GENERAL TERMS OF USE AGREEMENT DEFINITIONS
In this document the terms "Interface Standard" includes
all technical information, diagrams, drawings, specifications,
blue prints, methods, information and data relating to the
design, manufacture, production, inspection of the ISCG 05
Interface; "Standard Document means the written or electronic
document describing the Interface Standard (a copy of which
will be downloaded to you upon your acceptance of this General
Terms of Use Agreement; and "Trademark" means the words "ISCG
05"and "ISCG05"
TERMS
By accessing this web site and downloading the Interface
Standard herein, you are agreeing to be bound by the General
Terms of Use Agreement (hereinafter referred to as "the Agreement"),
[ISCG05], You agree, in the manufacture, assembly, distribution,
marketing and sale of all products incorporating the ISCG
05 Interface to: (a) comply with all applicable laws and regulations,
federal, state, provincial or local, (b) procure all necessary
or applicable approvals, licenses, permissions and permits
and (c) conduct your business in accordance with the highest
business and ethical standards so as not to bring discredit
upon the reputation of the ISCG 05 Interface Standard or the
Companies. If you do not agree with any of these terms do
not use this site or download the Interface Standard. Any
claim relating to ISCG 05's web site or the Interface Standard
shall be governed by the laws of the State of Maine without
regard to its conflict of law provisions. The information
contained in ISCG 05's web site is governed by applicable
copyright and trademark law.
USE LICENSE
IN CONSIDERATION of the mutual promises and covenants contained
in the Agreement and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged,
permission is granted by the Companies to you to, in strict
accordance and compliance with the terms and conditions of
this General Terms of Use Agreement:
(i) download the Standard Document on the Companies' web
site for the purpose of manufacturing, distributing, marketing
and selling products that incorporate the ISCG 05 Interface;
and
(ii) use the Trademark.
This is the grant of a license and not the transfer of title.
It is a strict term of this license that you must, at all
times,:
1. (i) manufacture, distribute, use and sell the any products
incorporating the ISCG 05 Interface within the specifications
set out in the Standard Document and not modify the interface
dimensions. In particular, any manufacturing incorporating
the ISCG 05 Interface will be carried out within the highest
manufacturing standards having regard to the nature of the
ISCG 05 Interface and the use to which it will be put.
2. (ii) maintain the standards of design, quality control,
production and inspection as specified in the Standard Document;
(iii) use the trade mark "ISCG 05" when manufacturing, distributing
and selling products made in accordance with the ISCG 05 Interface
and agree and comply with the terms of the Use of the Trademark
set out below;
(iv) agree to disclose to the Companies any and all technical
data and information relating to any and all developments
or improvements of the Interface Standard.
USE OF THE TRADEMARK
You agree that your right to use the Trademark shall be conditional
upon you:
(i) manufacturing, distributing and selling products
incorporating the ISCG 05 Standard in accordance with the
specifications set out in the Standard Document;
(ii) withdrawing from the course of manufacture or from the
market any products bearing the Trademark that fail to comply
with the specifications set out in the Standard Document;
(iii) at all times using your best endeavors to preserve
the validity and value of the Trademark;
(iv) signing any documentation required for the Companies
to protect their exclusive ownership of the Trademark in any
jurisdiction where you manufacture, distribute, market, use
or sell products bearing the Trademark; and
(v) notifying the Companies of all infringements of the Trade
mark, or of passing off, or of applications to register trade
marks which could conflict with the Trademark which come to
your knowledge and thereafter assisting with all reasonable
and necessary action to prevent such infringements, passing
off and applications to register such trade marks.
TERMINATION
This License will automatically terminate if you violate
in any material respect your obligations under this Agreement
or you commit a material breach of any of the terms, conditions
or restrictions contained within this Agreement. You agree,
upon receipt of written (or electronic) notice by the Companies
of the termination of the License granted under this Agreement
to immediately cease the manufacture, distribution, marketing,
use or sale of products incorporating the ISCG 05 Interface
and/or bearing the Trademark.
DISCLAIMER
The Interface Standards on ISCG 05's web site are provided
as "as is". The Companies make no warranties or guarantees,
express or implied, in relation to the technology and/or the
ISCG 05 Interface and the Companies disclaim and negate all
other warranties, including without limitation, implied warranties
or conditions of merchantability, fitness for a particular
purpose, or non - infringement of intellectual property or
other violation of rights. The Companies do not warrant or
make any representations concerning the accuracy, likely results,
or reliability of the use of the Interface Standard. The Companies
shall not be liable to you by reason of any representation
or the breach of any implied condition, warranty or other
term or any duty at common law or under any express term of
this Agreement for any loss, damages, costs, expenses or other
claim for compensation whatsoever, whether occasioned by your
negligence or the negligence of your servants or agents or
otherwise, which arises out of or in connection with this
Agreement, or which in any way relates to the technology or
the manufacture, use, distribution or sale of the products
incorporating the ISCG 05 Interface to the extent that the
claim is for loss of profits, contracts, goodwill, anticipated
savings or for wasted expenditure, or for any direct, indirect,
special, incidental or consequential damages loss or damages.
Further, the Companies shall have no obligation to defend
you or to pay costs, damages or legal fees for any claim based
on any modifications made to the Interface standard by you.
YOUR INDEMNITY TO THE COMPANIES
The Companies make no warranty or guarantee with respect
to the Interface Standard or the Trademark and you are strictly
prohibited from representing that such a warranty exists.
The Companies strictly disclaim any liability arising out
of errors or omissions in the Interface Standard or in information
provided to you on this web site or otherwise. You hereby
agree to further indemnify and save the Companies harmless
from all loss, costs, damages or expenses which the Companies
may suffer or pay as a result of any claims or suits concerning
the use by you of the Interface Standard or any defect in
or otherwise in connection with the manufacture, use, distribution,
marketing, sale or any other dealing in the ISCG 05 Interface
Standard and/or breach of the terms of use of the Trademark,
and at the request of the Companies you agree to assume the
defense of any demand, claim, action, suit or proceeding brought
against the Companies for any reason thereof and pay any and
all damages assessed against or that are payable by the Companies
as the result of the disposition of any such demand, claim,
action, suit or proceeding. Without limiting the generality
of the foregoing, you agree to indemnify and save the Companies,
their directors, officers, employees and agents and their
respective heirs, executors, administrators, successors, and
assigns and each of them harmless of and from any and all
manner of action, causes, duties, demands, damages or expenses
whatsoever directly or indirectly suffered by them in connection
with otherwise related to the use of the Interface Standard
or manufacture, distribution, marketing and sale of products
incorporating the ISCG 05 Interface by you.
REVISIONS AND ERRATA
The Interface Standard appearing on this web site could include
technical, typographical, or photographical errors. The Companies
do not warrant that the information provided on this web site
is accurate, complete or current. The Companies may make changes
to the materials contained on the web site and/or the Interface
Standard at any time without notice. The Companies do not
however, make any commitment to update the materials and/or
Interface Standard.
SITE TERMS OF USE MODIFICATION
The Companies may revise these terms of use for this web
site including this Agreement at any time without notice.
By using this web site you are agreeing to be bound by the
then current version of the General Terms of Use Agreement.
PARTIES STATUS
The relationship created by this Agreement does not constitute
the granting of a franchise nor are you to be considered an
agent, partner, joint adventurer or representative of the
Companies.
INTERPRETATION NOT AFFECTED BY HEADINGS
The division of this Agreement into paragraphs and the insertion
of headings are for convenience of reference only and shall
not affect the construction or interpretation of this Agreement.
SEVERABILITY
The invalidity or unenforceability of any provision of this
Agreement shall not affect the validity or unenforceability
of any other provision.
ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement of all the
parties with respect to the subject matter hereof and, except
as stated in this Agreement and in the instruments and documents
to be executed and delivered pursuant to this Agreement, contains
all the representations, undertakings and agreements of all
parties respecting the subject matter hereof.
SUCCESSORS AND ASSIGNS
This Agreement shall be binding on and inure to the benefit
of the successors and assigns of the Companies and you and
all corporations and persons succeeding to or acquiring the
business now carried on by you or the Companies.
Please enter your name, company info, and e-mail address
to gain access to ISCG05 documentation. Clicking to view documentation
implies consentual acceptance of all ISCG 05 legal terms.
ISCG 05 is a living document. It can be updated from time to time.
Please input your most current e-mail address to receive notification of updates or check back frequently.
Last updated 2-01-05
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