Vroomen.White.Design maintains this website as a gratuitous service to other bike manufacturers and technology developers and to allow for the free use of the BBright system.
- Acceptance of Agreement by You
- Ownership of Technology
All of the intellectual property contained in this Company Website and the BBright System is exclusively licensed or owned by the Company. You acquire no ownership or title in the intellectual property or the contents of this Company Website and waive all moral claims to copyright with respect to the intellectual property or contents of this Company Website.
- License to Use
- 3.1 You shall not use the BBright system without first providing the information requested below and receipt of approval from the Company. If you click on the “Submit” button below and receive written notification of approval by the Company (in its sole and absolute discretion) you may, in accordance with the restrictions and requirements set out below:
- Download the intellectual property on the Company Website for the purpose of manufacturing, distributing, using and selling the BBright intellectual property.
- NOT transfer, copy, or otherwise distribute or make available the intellectual property contained in the specifications or manual for the BBright system without the prior written consent of the Company; and
- Use the trade mark “BBright”.
- As part of the requirements of the use of the intellectual property you shall:
- Manufacture, distribute, use and sell the BBright system within the specifications set out in the specifications manual (the “Manual”) and not modify the intellectual property and in particular you agree to manufacture or cause others to manufacture the Bbright system with the highest standards having regard to the nature of the BBright system and its intended use. You agree to undertake quality control of BBright system and in particular to ensure that the design, materials, production, safety, and inspection specifications are carried out as set out in the Manual;
- Only use the trade mark “BBright” when manufacturing, distributing, marketing, and selling the BBright system;
- Notify and disclose to the Company promptly any and all technical data, information, developments, improvements, related to the BBright system or intellectual property;
- NOT make any application for trade mark, patent, copyright, or industrial design in Canada, the United States of America or anywhere in the world in relation to the intellectual property and/or the BBright system;
- Notify the Company promptly of any threatened or actual infringement or applications to register in relation to the intellectual property rights related to the BBright system and to assist the Company reasonably in preventing such infringing actions; and
- Notify the Company promptly of any manufacturing defect caused by you (the User) and carry out any recall of the products produced containing a defective BBright system.
- As part of the requirements of the use of the trade mark “BBright” you shall:
- Ensure that the manufacture, distribution and sale of the BBright system is in accordance with the specifications set out in the Manual and in particular ensure that the “BBright” trade mark, unmodified, is affixed to any BBright system;
- Cease the manufacture or marketing of any products containing the BBright system or trade mark that fail to comply with the specifications set out in the Manual;
- Use your best efforts to protect the trade mark “BBright” and preserve the value of the trademark “BBright”;
- Execute any documents reasonably requested by the Company to give effect to the registration of the “BBright” trade mark in any jurisdiction; and
- Notify the Company promptly of any infringements of the “BBright” trade mark of which you become aware, or of passing off, or applications to register trademarks which could conflict with the “BBright” trade mark and provide your reasonable assistance to prevent such infringements, passing off, and applications to register such trademarks.
- DISCLAIMER OF LIABILITY
THE INFORMATION, INTELLECTUAL PROPERTY, BBRIGHT SYSTEM AND AGREEMENTS OBTAINED FROM OR THROUGH THE COMPANY WEBSITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND ALL WARRANTIES, GUARANTEES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELELCTUAL PROPERTY RIGHTS OR ANY OTHER RIGHTS VIOLATIONS). THE INFORMATION, INTELLECTUAL PROPERTY, BBRIGHT SYSTEM AND AGREEMENTS MAY CONTAIN ERRORS, PROBLEMS, DEFECTS, OR OTHER LIMITATIONS. COMPANY AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR A USER'S USE OF ANY THE INFORMATION, INTELLECTUAL PROPERTY, BBRIGHT SYSTEM AND AGREEMENTS. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, THE COMPANY ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THIS WEBSITE AND THE INFORMATION, INTELLECTUAL PROPERTY, BBRIGHT SYSTEM AND AGREEMENTS AND DOCUMENTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. YOU AGREE TO HOLD THE COMPANY HARMLESS AND DEFEND AND INDEMNIFY AGAINST ALL OF THE ABOVE, PROVIDED HOWEVER YOU SHALL NOT BE REQUIRED TO INDEMNIFY THE COMPANY IN THE CASE OF WILLFUL MISCONDUCT BY THE COMPANY.
- General Terms