This Hearing Health Content License Agreement (“Agreement”) is entered into as of the date of acceptance by the user (“Licensee”) and Starkey Laboratories, Inc. (“Licensor”). Licensor has made photos, videos, and other assets (collectively “Content”) available for download and will grant limited license use rights to educate and promote awareness of the importance of hearing health and hearing aid technology.
GRANT OF LICENSE. Licensor hereby grants to Licensee a non-exclusive, non-transferable, limited right to download and use the Content solely for the purpose of promoting hearing health and awareness of the beneficial use of hearing aid technology. This license is provided for the sole purpose of educating and promoting awareness of hearing health and the importance of utilizing appropriate hearing aid technology and services. Licensee may not modify, alter, or create derivative works based on the Content without prior written consent from the Licensor.
PERMITTED USES. The Licensee is authorized to use the Content in digital and print media to promote hearing health and to educate the public about the benefits hearing care or the importance of hearing devices. Licensee agrees in all cases to use the Content in good faith, in a dignified manner, and in accordance with appropriate practices applicable in the geographies in which the Content is used. Failure to abide by this section will result in revocation of the license.
PROHIBITED USES.
No Commercial Use. The licensee shall not use the Content for any commercial purpose, including but not limited to the promotion of specific products, services, or any commercial venture.
No Product Comparison. The licensee shall not use the Content in any form of product comparison, review, or evaluation comparison of types of products or brands or categories of products.
No Content Disparagement. The licensee shall not use the content in a manner that disparages any products depicted in the Content, or any other subject matter of the Content.
No Product Disparagement. The licensee shall not use the Content in any manner that disparages any hearing aid products s made by any manufacturer.
Reservation of Rights. The Content, including all copyrights, trademarks, and other intellectual property rights therein, is and remains the property of the Licensor. Licensor reserves the right to cancel or revoke the License at any time and at its sole discretion.
Indemnification. Licensee agrees to indemnify, defend, and hold harmless Licensor and its affiliates, officers, agents, employees, and licensors from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to Licensee’s use of the Content not in accordance with this Agreement.
General Provisions and Termination. This Agreement shall be governed by the laws of the state of Minnesota. This Agreement will automatically terminate if Licensee breaches any of its terms and conditions. Upon termination, Licensee must immediately cease all use of the Content and delete or destroy any copies of the Content in their possession or control.
By downloading or using the Content, Licensee acknowledges that they have read, understood, and agree to be bound by the terms of this Agreement.
