Everex Logos The
Everex Brandmark may be freely used and distributed in connection
with any advertising, marketing, promotion, sale of Everex products
or news relating to Everex and/or Everex products. Use of any Everex
Brandmark must follow the Everex Brandmark Usage Guidelines. Use
of the Everex Brandmark constitutes an acceptance of the Everex
Usage Agreement.
Everex
Logo - EPS Format (678KB)
Everex Logo - GIF
Format, Large - 600x 300 (3KB)
Everex
Logo - Gif Format, Med - 200 x 100 (3KB)
Everex
Logo - Gif Format, Small - 120 x 35 (2KB)
EVEREX USAGE AGREEMENT
Everex ("Everex") grants user ("User") limited permission
to use the Everex owned Trademarks, Brandmarks and/or Product Images
provided herein, solely in connection with advertising, marketing,
promotion, the sale of Everex products or news relating to Everex
and/or Everex products.
User must agree to abide by the terms and conditions set forth before
downloading, copying, or making use of the Everex Trademarks, Brandmark
or Product Images provided herein. Any downloading, copying or use
constitutes an acceptance of these terms and conditions.
I. Trademarks. User shall use the Everex Trademarks only in
the manner specified by the Everex Brandmark Guidelines. User shall
comply with the following terms and cond
1.
User shall make use Everex Trademarks solely in connection with
the corresponding Everex products, and not for any other goods
and/or services.
2. User shall not combine the Everex Trademarks with any other
trademark, trade name, other logo, words, graphics, photos,
slogans, numbers, design features, or symbols.
3. User shall not use the Everex Trademarks in any manner that
may disparage the Everex Trademarks or impair the validity,
scope, title or goodwill of Everex in the Everex Trademarks.
4. In each publication or item produced or caused to be produced,
User shall, to the best of their abilities, include a specific
trademark attribution that uses a "™" or "®"
symbol , as appropriate, and acknowledgment of Everex as being
the owner of the trademark(s) used.
User
acknowledges the inherent value associated with the Everex Trademarks
and further acknowledges Everex as being the sole and exclusive
owner of the aforementioned Trademarks and the value associated
therewith. User shall defend, indemnify and hold harmless from and
against any claims, lawsuits, judgments, losses, damages, costs
and attorney's fees at all levels of proceedings arising from unauthorized
or negligent use of Everex Trademarks arising from User.
II. User acknowledges that use of the Everex Trademarks in no way
implies sponsorship or certification by Everex of Users company,
products and/or services. User shall not use the Everex Trademarks
and/or Everex Graphics in any manner that implies Everex sponsorship,
certification or endorsement of Users company, products and/or services.
III. User acknowledges that the Everex Trademarks 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 User that incorporates the Everex Trademarks 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. USER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS
EVEREX AND ITS LICENSERS, 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 USER'S BREACH OF THE TERMS AND CONDITIONS
OF THIS AGREEMENT, USER'S PRODUCTS OR OTHER IMPROPER USE OF THE
EVEREX TRADEMARKS.
IV. Termination. User's failure to comply with the terms and conditions
of this Agreement shall result in an immediate termination of this
Agreement. Everex reserves the right to withdraw permission to use
the Everex Trademarks, in its sole discretion. Upon the expiration
or termination of this Agreement, the rights and licenses granted
hereby to User shall immediately terminate and User shall immediately
cease to use the Everex Trademarks.
V. Jurisdiction. 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 Alameda 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. 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.
VI.
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.
EVEREX, 5020 Brandin Court, Fremont, CA 94538, Tel: 866.850.8835
