Trade Marks And Intellectual Property Rights:
1. Definition. SmartHome (2001) Ltd Trademarks” (SmartHome ® ) means any and all registered or unregistered current company names, domain names, product names, marks, logos, designs, trade dress and other designations or brands used by the SmartHome Group in connection with its products and services and all marks similar thereto.
2. Licensee (you). SmartHome® has granted the Licensee the limited right to use the SmartHome® Trademarks solely for the purpose of redistributing and marketing of our automation Materials, provided that Licensee: [1] uses the appropriate SmartHome® Trademarks for the corresponding Materials; [2] identifies all SmartHome® Trademarks are registered trademarks of SmartHome (2001) Ltd in all Materials; [3] take reasonable steps to modify all objectionable uses of the SmartHome® Trademarks; and [4] complies with this current and future SmartHome® Trademark and Logo Policies. SmartHome® reserves the right to revoke or limit the use of all or any SmartHome® Trademark(s) at any time upon reasonable notice. Non-Compliance with Smart Home's Trademark and Logo Policies shall be considered a material breach of this Agreement.
3. Ownership. Licensee acknowledges that SmartHome (2001) Ltd ® is the sole owner of the SmartHome® Trademarks and nothing herein shall grant to the Licensee any right or interest in the SmartHome® Trademarks. Licensee shall not register, or attempt to register, any SmartHome® Trademarks or any marks confusingly similar thereto in any jurisdiction.
4. Limitations . Except as stated above, Licensee is granted no right, title, license outside of this Web Page Document or interest in the SmartHome® Trademark(s). Licensee acknowledges Smart Home's rights in the SmartHome® Trademark(s) and agrees that any and all use of the SmartHome® Trademarks by Licensee shall inure to the sole benefit of SmartHome®. Licensee agrees that it shall take no action inconsistent with Smart Home's ownership of the SmartHome® Trademark(s) and agrees not to challenge Smart Home's rights in or attempt to register any of the SmartHome® Trademarks, or any other name or mark owned or used by SmartHome® , or any mark confusingly similar thereto. If at any time Licensee acquires any rights in, or any registration or application for, any of the SmartHome® Trademarks by operation of law or otherwise, it will immediately, upon request by SmartHome (2001) Ltd and at no expense to SmartHome (2001) Ltd, assign such rights, registrations, or applications to SmartHome (2001) Ltd, along with any and all associated goodwill.
5. Notification. Licensee shall promptly notify SmartHome® of any use by any third party of SmartHome® Trademark(s) or any use by such third parties of similar marks which may constitute an infringement or passing off of SmartHome® Trademarks. SmartHome® reserves the right, in its sole discretion, to institute any proceedings against such third party infringers and Licensee shall refrain from doing so itself. Licensee agrees to cooperate fully with SmartHome (2001) Ltd in any action taken by SmartHome (2001) Ltd against such third parties, provided that all expenses of such action shall be borne by SmartHome® and all damages which may be awarded or agreed upon in settlement of such action shall accrue to SmartHome® .
Proprietary Rights
1. Ownership. Licensee understands and agrees that Licensee takes title only to the extent on which this License Document provides for. Title in and ownership of all copies of SmartHome® products and documentation, SmartHome® Trademarks and all property rights therein, shall remain at all times vested in SmartHome®. Licensee acknowledges that the Materials are protected by domestic and international copyright and other forms of proprietary rights and agrees not to copy or otherwise reproduce, modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on the Materials or the documentation Contained within this web site or provided by other means by SmartHome® to you.
2. No Rights Granted . No provision in this document shall be interpreted as an assignment or grant to Licensee of any right, title or interest in the Materials, documentation or SmartHome® Trademark(s).
3. Protection . Licensee agrees to take any reasonable step necessary to protect the proprietary rights of SmartHome® and its suppliers, Associates, or licensors, including, but not limited to, the proper display of copyright, trademark, trade secret and other proprietary notices on any Materials or Tools. Licensee must reproduce and include any such notices, other legends and logos on any backup copies.
4. Copyright Notice. Licensee agrees not to remove and shall reproduce and include all copyright notices or confidential or proprietary legends in and on all copies of SmartHome® products, Materials, or documentation. Any printed reference to Smart Home's products, Materials, or documentation must include the following notice (or such notice as required by SmartHome® ) with [YEAR] being the then current year:
© SmartHome Group of Companies [YEAR]. All Rights Reserved.
5. Breach. Licensee understands and agrees that the protection of Smart Home's rights in and to the Materials, documentation and Trademarks, and the prevention of any unauthorized copying, reproduction, modification, adaptation, translation, reverse engineering, de-compilation, disassembly and creation of derivative works, is of the essence of as though this document were a signed License Agreement and that any failure on its part, however minor, to discharge its obligations shall constitute a material breach of this Agreement.
6. Trade Mark Certificates. It is bought to your attention that each of the trade marks Owned By Smart Home® are sweeping registrations. Direct reference to any Marks respective certificate can be accessed directly from the trademarks links provided below, or using the link at the foot of any page on this web site. The Trade Marks currently protected under New Zealand Patent Law are:
Changes to this policy
We may change this policy at any time by changing or removing existing terms or adding new ones. Changes may take the form of a completely new policy. We will tell you about any change(s) by posting an updated policy notice on our Web site home page. Any change(s) we make applies from the date we post it on the Web site.
Please feel free to Contact Us directly at any time.
