NOTICE: ACCESS, DOWNLOADING, PRINTING, POSTING, DISTRIBUTION OR OTHER USE OF AN NMMA BOATING SAFTEY AWARENESS BROCHURE IS SUBJECT TO ACCEPTANCE OF THIS LICENSE AGREEMENT. FAILURE TO ACCEPT THE TERMS AND CONDITIONS SET FORTH BELOW WILL RESULT IN THE DENIAL OF ACCESS TO NMMA’S BOATING SAFTEY AWARENESS BROCHURES.
The following terms and conditions govern access, downloading, printing, posting, distribution and all other use of the National Marine Manufacturers Association (“NMMA”) Boating Safety Awareness Brochures, and all content and information provided therein (collectively, the “Brochures”). The terms and conditions of use stated herein constitute a legal agreement between you and NMMA concerning your use of the Brochures (“License Agreement”).
Access to the Brochures will only be granted to users that agree to abide by the terms of this License Agreement (“Authorized User”). If you are not an Authorized User, you must immediately cease attempting to access the Brochures or be subject to legal consequences of unauthorized use.
For purposes hereof, the terms “you” and “your” shall include the individual, corporation, organization or other entity (collectively, the “corporation”) accessing, downloading, printing, posting, distributing or otherwise using the Brochure(s) in any manner, including its employees and agents.
By accepting the terms of this License Agreement in the space indicated below, you acknowledge that you have read, understood and agreed to be bound by this License Agreement, you agree to comply with all applicable laws and regulations and you represent that you are authorized to enter into this License Agreement on behalf of yourself, your employer or other user of the Brochures (as applicable). If you do not agree to all of these terms and conditions, you may not access, browse, print, download, post, distribute or otherwise use the Brochures in any manner. The Brochures are protected by law, including, but not limited to, United States copyright law and international treaties. If you fail to comply in any way with these terms and conditions, your authorization to access, browse, print, download, post, distribute or otherwise use the Brochures will automatically terminate and NMMA will pursue all available legal remedies.
AUTHORIZED USE AND RESTRICTIONS
1. The Brochures may only be used as a no-cost educational and informational resource to educate boaters and the public on water safety issues (collectively, the “Authorized Use”). Authorized Use of the Brochures includes, for example (i) printing for distribution to your customers for further complimentary distribution to boat purchasers or other interested parties; and (ii) posting online for complimentary viewing by boaters and the general public.
2. The Authorized Use expressly excludes: (i) sale, sublicense, resale, transfer or commercial or other exploitation of the Brochures, in whole or in part; (ii) modification or alteration of the Brochures, in whole or in part; or (iii) permitting access to any unauthorized user, including without limitation access by anyone other than an Authorized User pursuant to the terms of this License Agreement.
3. You are hereby granted a limited, revocable, royalty-free license to access, browse, print, download, post, distribute or otherwise use and make the Brochures available in strict accordance with the Authorized Use.
4. You may not sell the Brochures or charge any fee for providing the Brochures to any person or entity whatsoever.
5. You may not alter the Brochure in any manner or remove any of the warnings, disclaimers or notices contained therein. Specifically, you may not add your name or the name of any other entity to the Brochures and you may not delete or obscure NMMA’s name or trademark notices.
6. You must take all steps necessary to ensure that your employees, customers, vendors and agents comply with the terms of this License Agreement.
Copyright. The Brochures, and all information contained therein, are copyrighted materials of NMMA or its licensors, all rights reserved. Except for the Authorized Use specified above, you may not copy, modify or distribute any of the Brochures. Any unauthorized use of the Brochures will be in violation of NMMA’s rights, copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
Permissions. If you wish to use the Brochures in any manner not expressly permitted by this License Agreement, you may request permission from NMMA by giving to NMMA a written description of the intended use and such other information as NMMA may request. Only an authorized representative of NMMA may grant such permission.
Trademarks. The trademarks, service marks, trade names, and logos, including, but not limited to, page headers, custom graphics, button icons, and scripts (collectively, the “Trademarks”) used and displayed on the Brochures are registered and unregistered trademarks, service marks and/or trade dress of NMMA or its licensors, and you may not copy, imitate or use the Trademarks, in whole or in part, for any purpose, including without limitation in any marketing or advertising materials. No license or other right to use any Trademark used or displayed on the Brochures is granted to you.
Term and Termination. This License Agreement shall commence upon acceptance and shall be effective for as long as you use the Brochures ("Term”), unless earlier terminated by NMMA in its sole and absolute discretion. Notwithstanding anything set forth in this License Agreement to the contrary, your license to use the Brochures and this License Agreement will terminate automatically without any prior notice from NMMA if you violate the terms of this License Agreement, including, without limitations, the terms set forth under “Authorized Use and Restrictions” above. Upon termination, you shall no longer be permitted access to the Brochures and you must immediately (i) destroy any and all Brochures in your possession or control; and (ii) cease and desist from all use of the Brochures.
Removal of Content and Other Terms and Conditions. Notwithstanding anything in this License Agreement to the contrary, NMMA may, at any time, remove, discontinue, update restrict or impose additional conditions on access to or use of the Brochures and you agree to comply with NMMA’s instructions. You agree that once an updated version of the Brochures is made available, you will destroy (or prevent future access to) any prior versions in your possession (without further use or distribution) and replace the same with the updated version.
Indemnification. You agree to defend, indemnify and hold harmless NMMA, its licensors, and any of their respective officers, directors, employees, subcontractors, agents, successors, assigns, affiliates or subsidiaries, from and against any and all claims, causes of action, lawsuits, proceedings, losses, damages, costs and expenses (including reasonable legal and accounting fees) arising or resulting from (i) your use or distribution of the Brochures; (ii) use of the Brochures by your customers; or (iii) your (including your employees) violation of this License Agreement.
Warranty Disclaimer. THE BROCHURES, INCLUDING ALL INFORMATION CONTAINED THEREIN, IS PROVIDED “AS IS,” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. NMMA AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE BROCHURES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND INFORMATIONAL CONTENT.
Limitation of Liability. IN NO EVENT WILL NMMA AND ITS LICENSORS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES OR SUBSIDIARIES, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS OR BUSINESS INTERRUPTION ARISING OUT OF RELATING TO THE USE OF THE BROCHURES OR OTHER INFORMATION CONTAINED THEREIN, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Miscellaneous. If any provision(s) of this License Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. NMMA’s failure to exercise or enforce any right or provision of this License Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by NMMA in writing. This License Agreement may be assigned in whole or in part by NMMA at any time. This License Agreement may not be assigned in any manner by you without the express, prior written permission of NMMA.
This License Agreement shall be governed by and construed in accordance with the laws of the State of Illinois notwithstanding any conflict of law’s provisions. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the State of Illinois (the “Illinois Courts”) for any litigation or dispute arising out of or relating to this License Agreement, (ii) agree not to commence any litigation arising out of or relating to this License Agreement except in the Illinois Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the Illinois Courts represent the exclusive jurisdiction for all disputes relating to this License Agreement. EACH PARTY, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS LICENSE AGREEMENT AND THE TRANSACTIONS IT CONTEMPLATES.