Subject to the following terms and conditions of this Hyperlink License Agreement ("License"), Vollrath will grant you a non-exclusive, royalty free, non-transferable license to create a hyperlink from your internet web site to our web site (the "Link") and/or use the Vollrath logo displayed below (the "Link Logo"). Except as expressly provided in this License, all rights to Vollrath's intellectual property are specifically reserved. To indicate your acceptance of the terms and conditions contained in this License, please complete the form and click the button marked "I Accept" at the end of this Agreement. A printout of this License, with the contact information you provided, along with an indication that you accepted, should then be sent to the email address you provided. If you do not receive this printout, please contact our Webmaster at email@example.com to request a copy. Form of Link. You may only Link to our home page at "www.vollrathco.com." If used, the Link Logo must be used, unaltered, as a link to "www.vollrathco.com." You may not use the Link Logo as a static image. You may not frame the Vollrath web site or modify or alter the content or manner of display of Vollrath's web site. References to Our Company Name. Our company name must appear as "The Vollrath Company, L.L.C." at the first and most prominent use on any web site. Thereafter, you may refer to our company as "Vollrath."
Proprietary Marks. The Vollrath name, Link, and Link Logo, as well as the marks referenced in the [Terms and Conditions], contain Vollrath's proprietary logos, trademarks, and service marks (collectively, the "Vollrath Marks"). The Vollrath Marks may not be modified or altered in any way. You may not use the Vollrath Marks:
- To imply sponsorship or endorsement by Vollrath;
- To disparage Vollrath, its product or services;
- In connection with any products or services that in Vollrath's sole judgment may diminish or damage the goodwill in the Vollrath Marks;
- In such a way that the Vollrath marks are displayed more prominently than the name/logo of your company;
- In, or as part of your own trademarks or service marks;
- To identify products or services that are not affiliated, connected with, or sponsored by Vollrath; or
- To infringe Vollrath's intellectual property rights or violate any state, federal, or international law.
Trademark Notice. The following notice shall be included on the web page in which the Link or Link Logo appears: "Vollrath and the Vollrath Logo are trademarks of The Vollrath Company, L.L.C."
Not a Trademark License. This License should not be construed as, nor shall it constitute, a trademark, service mark, domain name, or copyright license. You may not use the Vollrath Marks in connection with the sale or promotion of any products or services that are not genuine Vollrath products or services (manufactured and/or provided by or for the benefit and at the direction of Vollrath).
Disclaimer of Warranties. VOLLRATH'S WEB SITE, 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 VOLLRATH'S WEB SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEB SITES.
Limitation of Liability and Remedies. YOU AGREE THAT VOLLRATH 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 VOLLRATH 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 ATTORNEYS' FEES, WHETHER KNOWN OR UNKNOWN, INCLUDING ANY AND ALL CLAIMS FOR INDEMNITY AND/OR CONTRIBUTION, WHICH YOU MAY NOW HAVE, OR WHICH MAY HEREAFTER ACCRUE RELATING TO THE LINK AND/OR LINK LOGO.
Indemnity. You agree to defend, indemnify, and hold harmless Vollrath 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, attorneys' fees as provided herein, arising out of any claim relating to your use of the Vollrath company name, the Link, or the Link Logo by paying all amounts that a court finally awards or that you agree to in settlement of such claims.
Termination of License. Vollrath may terminate this License at any time, in its sole discretion, without liability or obligation to you of any kind. Vollrath has the right to inspect your web site from time-to-time to ensure compliance with this License. In the event this License is terminated, you will remove all references to Vollrath, including the Link and Link Logo, within twenty-four (24) hours of written request by Vollrath.
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.