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Terms and Conditions of Use of NavVis GmbH’s Marketing and Branding Material

You as a client (“You”) of NavVis GmbH, Blutenburgstr. 18, D-80636 Munich, Germany (“NavVis”) have acquired certain hardware as well as software licenses from NavVis (the “NavVis Products”). You are using NavVis Products to provide certain scanning and other building intelligence services (the “Services”) to your clients.

In order to market and to offer such Services to Your clients effectively and efficiently, You have requested permis-sion to use certain marketing and branding material (the “NavVis Marketing and Branding Material”). NavVis agrees to grant such permission subject to the following terms and conditions (“Marketing and Branding Terms”):

  1. The NavVis Marketing and Branding Material consists of, as the case may be: Photos (including screenshots) and renderings of NavVis

    • Products,
    • Videos about NavVis as a company and/or NavVis Products,
    • Panoramic images, point clouds and other sample scanning data,
    • The NavVis Logo and/or
    • Case studies, product information, data sheets, whitepapers, guides and other brochures.

  2. NavVis grants You a limited, non-exclusive, non-sublicensable right to use the NavVis Marketing and Branding Material for commercial purposes strictly in accordance with these Marketing and Branding Terms.

  3. You agree to use the NavVis Marketing and Branding Material in connection with NavVis Products only – not for branding of Your own products or services or of products or services of any third party.

  4. NavVis does not warrant or guarantee that information about NavVis Products contained in NavVis Marketing and Branding Material is complete, accurate and up to date. No information about NavVis Products constitutes a guaranteed or warranted characteristic (“Garantie” und “zugesicherte Eigenschaft”).

  5. Use of the NavVis logo is permitted, provided that You adhere to the NavVis Marketing Guidelines (in the Annex which forms integral part of these Marketing and Branding Terms).

  6. You shall use the NavVis Marketing and Branding Material in a manner that clarifies the nature of the business relationship between You and NavVis. You will make sure that by no means it is suggested that NavVis is a manufacturer of Your products.

  7. Upon request, You shall inform NavVis about Your use of the NavVis Marketing and Branding Material. You shall supply reasonable amounts of respective printed materials upon request and without cost for NavVis.

  8. All NavVis Marketing and Branding Material is and remains property of NavVis, independent of Your use thereof.

  9. NavVis Marketing and Branding Material is provided with copyright notice(s) (“© [year] NavVis GmbH. All rights reserved.” or similar, as the case may be). You shall not alter, reposition or remove such copyright notice(s).

  10. You shall be entitled to translate NavVis Marketing and Branding Material at your own cost and risk. Such translation must not be circulated on NavVis paper or in other ways in any medium that suggest endorsement by NavVis and must be conspicuously marked “Translation not endorsed by NavVis”. In case you make statements or give information in the translated version which diverge from the content of the NavVis Marketing and Branding Material, You alone, and not NavVis, shall be liable for any claims arising in connection with such diverging statements or information. You shall indemnify, defend and hold harmless NavVis, its officers, employees and agents from and against any and all third-party claims and demands arising out of or in relation to Your diverging statements or information described in the preceding clause. This is without prejudice to any other rights or remedies NavVis may have in such case.

  11. NavVis may terminate the license granted herein at any time. The license granted herein automatically terminates if and when the business relationship between You and NavVis ends.

  12. Upon termination of the license granted herein, You shall immediately refrain from using and delete any NavVis Marketing and Branding Material from any media, online and offline. Material which has already been printed shall not be further used and distributed.

  13. These Marketing and Branding Terms shall be interpreted in accordance with German law without reference to its private international law rules resulting in the application of a foreign jurisdiction and under exclusion of the UN Convention on the International Sale of Goods. For any controversy arising out of or in connection with these Marketing and Branding Terms, the courts of Munich shall have exclusive jurisdiction.

Annex: Marketing Guidelines