Hyperlink License Agreement
Hyperlink License Agreement
Subject to the following terms and conditions of this Hyperlink License Agreement (“License”), Harris & Harris, Ltd. will grant you a nonexclusive, royalty free, non-transferable license to create a hyperlink from your Internet Website to our Website (the “Link”) and/or use the Harris & Harris, Ltd. logo displayed below (the “Link Logo”). Except as expressly provided in this License, all rights to Harris & Harris, Ltd.'s intellectual property are specifically reserved.
Form of Link.
1. Form of Link. You may only Link to our home page at:www.hhconsumer.com. You may not frame the Harris & Harris, Ltd. Website or modify or alter the content or manner of display of Harris & Harris, Ltd. 's Website.
Proprietary Marks.
2. Proprietary Marks. The Harris & Harris, Ltd. name, Link, and Link Logo contain Harris & Harris, Ltd.'s proprietary logos, trademarks, and service marks (collectively, “Harris & Harris Marks”). The Harris & Harris Marks may not be modified or altered in any way. You may not use the Harris & Harris, Marks:
To imply sponsorship or endorsement by Harris & Harris, Ltd.;
To disparage Harris & Harris, Ltd., its product or services;
In connection with any products or services that in Harris & Harris, Ltd.'s sole judgment may diminish or damage the goodwill in the Harris & Harris. Marks, including, but not limited to, use of the Harris & Harris Marks in connection with objectionable material;
In such a way that the Harris & Harris, Ltd. marks are displayed more prominently than the name/logo of your company; or
To infringe Harris & Harris, Ltd.'s intellectual property rights or violate any state, federal, or international law.
Trademark Notice.
3. Trademark Notice. The following notice shall be included on the Web page in which the Link or Link Logo appears: “Harris & Harris, Ltd. and Harris & Harris Logo are trademarks of Harris & Harris, Ltd.
Disclaimer of Warranties.
4. Disclaimer of Warranties. Harris & Harris, Ltd.'s WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF Harris & Harris, Ltd.'s WEBSITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.
Limitation of Liability and Remedies.
5. Limitation of Liability and Remedies. YOU AGREE THAT Harris & Harris, Ltd. SHALL NEITHER BE RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE LINK AND/OR LINK LOGO. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM RELATING TO THE LINK AND/OR LINK LOGO IS TO STOP USING THEM. YOU AGREE TO RELEASE AND FOREVER DISCHARGE Harris & Harris, Ltd. AND ITS AGENTS, EMPLOYEES, ASSIGNS, OFFICERS, ADMINISTRATORS, PREDECESSORS, SUCCESSORS, SUBSIDIARIES, AND DIRECTORS OF AND FROM ANY AND ALL PAST, PRESENT, AND FUTURE RIGHTS, ACTIONS, CAUSES OF ACTION, CLAIMS, DEMANDS, DAMAGES, COSTS, LOSSES, EXPENSES, AND ATTORNEY FEES, WHICH YOU MAY NOW HAVE, OR WHICH MAY HEREAFTER ACCRUE RELATING TO THE LINK AND/OR LINK LOGO.
Indemnity.
6. Indemnity. You agree to defend, indemnify, and hold harmless Harris & Harris, Ltd. and its officers, employees, and authorized successors in interest from and against any claim, action, proceeding, liability, loss, damage, cost, or expense, including, without limitation, attorney's fees as provided in this Agreement, arising out of any claim relating to your use of the Harris & Harris, Ltd. company name, the Link, or the Link Logo by paying all amounts that a court finally awards or that your agree to in settlement of such claims.
Termination of License.
7. Termination of License. Harris & Harris, Ltd. may terminate this License at any time, in its sole discretion, without liability or obligation to you of any kind. Harris & Harris, Ltd. has the right to inspect your website from time-to-time to ensure compliance with this License. In the event this License is terminated, you will remove all references to Harris & Harris, Ltd., including the Link and Link Logo, within twenty-four (24) hours of written request by Harris & Harris, Ltd.
Entire Agreement.
8. Entire Agreement. This License constitutes the entire agreement of the parties with respect to the subject matter thereto. Only a writing that refers to this License and is signed by both parties may amend this License.
To indicate your acceptance of the terms and conditions contained in this License, please print this page, sign, and mail to the address below.
Harris & Harris, Ltd.
Attn: Legal
111 W. Jackson Blvd., Suite 650
Chicago, IL 60604
By:_________________________________
Name: ______________________________
Title: ________________________________
Date: ________________________________
