Last Updated 18 September 2013
 
The following marketing material licence terms (Licence Terms) apply to all users of the Fisher & Paykel Healthcare Limited’s (FPH) ResourceZone website (the Site) and should be read in conjunction with the Terms of Use. By accessing and using the Site you will be deemed to agree to these Licence Terms. If you do not agree to these Licence Terms you should stop accessing and using the Site.
 

1. Licence Grant: FPH grants you a non-exclusive, non-transferable, revocable licence to use the images, text, diagrams, animations, video, resources and other material that are specifically made available to you by FPH on the Site for you to download (Content) for the purpose of: (a) including such Content in your marketing materials for FPH products; (b) using such Content for your training purposes in respect of FPH products; (c) educating consumers about the features of FPH products; and (d) such other purpose expressly set out in respect of that Content; in your territory in accordance with the distribution rights granted to you by FPH and these Licence Terms. You may not use the Content for any other purpose.

 

2. Use of Content: You acknowledge and agree that you will only use the Content in a form and context that has received the prior written approval of FPH. You will ensure that FPH trade marks used are reproduced exactly as they appear on FPH’s product or marketing literature. You will not (and will ensure that your employees, agents and contractors will not) adapt, amend, edit, add to or in any way alter the Content from the approved form and usage. Any statements that you make relating to the intended uses of FPH products, the physical or operating specifications of FPH products, or any other claims, must only be those published in FPH’s product or marketing literature.

 

3. Content Updates: FPH may update the Content from time to time. In the event that FPH supplies you with updated Content, you must immediately update all publications (including, without limitation, any website that you operate in respect of the FPH products) and/or other materials that you have used the Content in (together, the Materials). The provisions of clause 2 of these Licence Terms apply to the Content in such updated Materials.  

 

4. Removal of Content: On request by FPH, you must immediately remove all Content from your Materials, cease all use of the Content and/or destroy or return to FPH any copies of the Content in your possession.

 

5. Costs: All costs relating to the use, removal or destruction of the Content (including, without limitation, the cost of editing, modifying, reproducing, adapting and/or downloading, the Content) are to be met by you. 

 

6. No Warranty: You acknowledge that FPH is supplying the Content as a convenience to you and at its sole discretion. The Content is supplied on an “as is” basis, without express or implied warranties of any kind. Use of the Content is at your risk. To the fullest extent permitted by law, FPH and its officers, directors, shareholders, employees or agents will not be liable for any direct, indirect, consequential, punitive or other damages arising out of the supply or use of the Content. There is no continuing obligation on FPH to provide the Content to you and FPH may cease supplying the Content at any time and without any liability to you whatsoever.

 

7. Third Party Material: Use of the Content will not constitute any endorsement by FPH of any material contained in the Materials that was not supplied by FPH (Third Party Material). You will not (and will ensure that your employees, agents and contractors will not) represent expressly or by implication that the Content endorses any Third Party Material, without the prior written consent of FPH.

 

8. Indemnity: You agree to fully indemnify FPH and its officers, directors, shareholders, employees and agents from and against any loss, damage, expense, cost, claim or proceeding arising from or in connection with your receipt and/or use of the Content (including, for the avoidance of doubt, any representation, warranty or undertaking given or made by you in relation to FPH products beyond what FPH provides).

 

9. Contact: If you have any questions, concerns or complaints in relation to these Licence Terms please contact FPH by sending an email to resourcezone@fphcare.com.