PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, COPYING OR REPRODUCING, IN ANY MANNER, ANY PHOTOGRAPHS, TEXT, IMAGES, DOMAIN NAMES, OR TRADEMARKS (INCLUDING LOGOS) DISPLAYED ON THIS WEBSITE OR OTHERWISE PROVIDED BY, AND OWNED BY, OMAHA STEAKS INTERNATIONAL, INC. AND/OR ITS AFFILIATES (hereinafter "OSI"). BY DOWNLOADING, COPYING OR REPRODUCING ANY SUCH PHOTOGRAPHS, TEXT, IMAGES, DOMAIN NAMES OR TRADEMARKS (INCLUDING LOGOS), YOU (hereinafter "User") ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.
WHEREAS, OSI is the owner of the copyrights in certain photographs, text and images, domain names and trademarks, including logos, displayed on this website and/or otherwise provided to User by OSI (hereinafter "the Property"); and,
WHEREAS, OSI offers a "Business Incentives Program" (hereinafter "Incentives Program") in which User desires to participate; and,
WHEREAS, User desires permission to use the Property in connection with the promotion and advertising of the Incentives Program offered by OSI, and OSI is willing to grant such permission upon the following terms and conditions:
- OSI hereby grants User a license to reproduce and otherwise use the Property in advertisements, in brochures, on websites and in other materials, provided such reproduction and/or use is in connection with the Incentives Program offered by OSI and is approved by OSI prior to such use, as hereinafter provided.
- User shall submit to OSI for approval, in the manner OSI shall direct, all advertising, displays and other material, including websites, on which the Property is to appear, and User specifically undertakes to amend to the satisfaction of OSI any such advertising, displays, and other material that are not approved by OSI.
- User recognizes OSI's title to the Property and shall not at any time do or suffer to be done any act or thing that will in any way impair the rights of OSI in and to the Property. It is understood that User shall not acquire and shall not claim any title to the Property adverse to OSI by virtue of the license granted to User, or through User's use of the Property, it being the intention of the parties that all use of the Property by User shall at all times inure to the benefit of OSI.
- This Agreement shall continue in force indefinitely, unless sooner terminated as herein provided. This Agreement may be terminated on thirty (30) days written notice by either party. The foregoing notwithstanding, this Agreement shall be terminated forthwith in the event of the bankruptcy or judicial or administrative declaration of insolvency of User, in the event of government expropriation of any of the assets of User that relate to User's activities contemplated by the present Agreement, or in the event of any change in the present equity ownership of User.
- Upon termination of this Agreement for any reason, User agrees to discontinue use of the Property, and also agrees not to register or to use any trademark confusingly similar to any of OSI's trademarks.
- Upon termination of this Agreement for any reason, User agrees to discontinue use of the Property, and also agrees not to register or to use any trademark confusingly similar to any of OSI's trademarks.
- This License shall be governed by and construed in accordance with the laws of the United States and the State of Nebraska.
- This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. It shall be assignable by User only with the consent in writing of OSI.
- This License shall be governed by and construed in accordance with the laws of the United States and the State of Nebraska, as applied to agreements entered into and to be performed entirely within Nebraska between Nebraska residents. If for any reason a court of competent jurisdiction finds any provision of this License or portion thereof to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
- This License constitutes the entire agreement between the parties with respect to the use of the Property, and supersedes all prior or contemporaneous understanding or agreement, written or oral, regarding such subject matter. No amendment to or modification of the License will be binding unless in writing and signed by a duly authorized representative of OSI.