Checkout time!

BRANDFM USER LICENSE AGREEMENT (ULA)

PARTIES:

• E-see International Ltd (BrandFM)
• The User (You)

This is a licence agreement between You and BrandFM. Read this agreement carefully and in full before using BrandFM.

By downloading any file or files from BrandFM you agree to be bound by the terms of this agreement.



USER RIGHTS AND RESTRICTIONS:

BrandFM grants you the right to access and download the brands, labels, data, artwork, information and media (the "files") that you have been granted a licence to use by the relevant brand owner.

When using downloaded files, you agree to abide by the brand usage guidelines as set out in the relevant Brand Guidelines, if supplied.

It is the responsibility of the you and the end user to ensure that use of files complies with any conditions of use set down by the brand owner in its Brand Guidelines or otherwise.

YOU MAY:

Download the file and use it only on a single computer (with a single input terminal) or on a network or intranet environment within your own organisation and which is under your control and use the image solely as an end user, copy and incorporate the file but only for personal, internal firm or company and test sample use, including in any rough or draft layouts or in any final published or printed form, transmit the file to a broker, printer or other party authorised to lawfully print or produce the file, deal with the file in any other way provided you have the prior permission of the brand owner and this is conveyed to BrandFM in a satisfactory manner.

YOU MAY NOT:

Use the file in or on any multi-user arrangement, server or on an electronic bulletin board system or use the file on any materials distributed outside your firm or company or in any online or other electronic distribution system unless you are distributing rough, draft or final layouts for client approval, sell, sub-licence, rent, lease, loan or copy or create derivative works based on the whole or part of the file, except as expressly provided in this agreement, use, reproduce or deal in the file in any way, make any defamatory, libellous, indecent or otherwise unlawful use of the file.

WARRANTIES:

BrandFM warrants the digital copy of the file in the form downloaded by you is free from defects in materials and workmanship for a period of 90 days from accessing the image. If a defect is found in the file, BrandFM shall replace the digital copy of the file or refund the licence fee if any. Otherwise, the file is provided "as is".

LIMITATION OF DAMAGES:

The express terms of this agreement are in lieu of all warranties, conditions, undertakings, terms and obligations implied by statute, common law, trade usage, cause of dealing or otherwise, all of which are hereby excluded to the fullest point of law. Neither BrandFM nor brand or file owners shall be liable for any incidental, special or consequential damages that result from the downloading or use of the file. In no event shall the brand owner or BrandFM's total liability to you for all damages, losses and causes of action exceed the amount paid by you for the particular file concerned.

TERMINATION:

This agreement will terminate automatically without notice if you fail to comply with any provisions of this agreement.

UPON TERMINATION:

You will be liable for any and all outstanding costs (if any) associated with your use of the system, you must immediately stop using the downloaded file(s) in any way, you must immediately delete the downloaded file(s) and all copies placed on magnetic media, you must immediately destroy all other copies of the downloaded file(s) and, if requested by BrandFM, return all such copies to the company.

GENERAL:

The various owners of the files, shall retain all rights in the trademarks and in all other related intellectual property rights residing in the files. Any and all use of the file by you shall inure to the benefit of and be on behalf of the said owner of the intellectual property rights.

This licence is dependent on the prior consent of the company owning the rights in the file which consent may be withheld or withdrawn at the file owner's sole discretion.

NEW ZEALAND LAW APPLIES

BrandFM is located in New Zealand and all services we provide are provided in New Zealand under New Zealand law. You may take action against us only in a New Zealand court. This applies whether you are using the Directory from inside or outside New Zealand.


If you are unsure about any of the terms of this agreement or wish to use the file in any manner not permitted by this licence, please contact BrandFM for assistance.