RIGHTS OF USAGE FOR BRAND TRADEMARK AND INTELLECTUAL PROPERTY CONTENT
The information and materials presented in NEXGEN BIOPHARMA LTD’s (NEXGEN BIOPHARMA) sales, marketing and education collaterals may be used only for its intended purposes. No other use of the information or materials is authorized, unless in connection with the support of NEXGEN BIOPHARMA’S product or service without prior approval in writing that is signed by both parties. As a condition of use, you must retain all copyright and other proprietary notices, without alteration, as set forth in the original materials or any copies thereof. Any violation of the foregoing may result in civil and/or criminal liabilities.
We own the rights in the contents of our sales, marketing and education collaterals. This includes names, brands, logos, trademarks, images, text, columns, graphics, photographs, power points, illustrations, artwork, audio clips, video clips, software, copyright and other elements constituting the sales, marketing and educational collaterals (collectively “Content”). Content is protected by copyrights and other intellectual property rights owned and controlled by us, our affiliates, or our third party licensors. Except as specifically provided herein or elsewhere, any unauthorized use of the Content or any other information and materials (including but not limited to white papers, press releases, data sheets, product descriptions and FAQ’s) found may violate copyright, trademark, and other laws. All such information and materials belong to NEXGEN BIOPHARMA and we shall have exclusive proprietary rights to the same. NEXGEN BIOPHARMA is NOT aware of claims by any third parties adverse to any of such intellectual property rights.
We will endeavour to post on our sales, marketing and education collaterals information that is correct and accurate but the onus is on you. Accordingly, if the Content is altered by you and is found to be incorrect, incomplete or misleading as a result of your negligence, we will not be responsible for any loss that may result. This includes any action you may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising). We are not liable for failure to comply with these Terms due to any event beyond our reasonable control. IMPORTANT: WE ARE NOT ALLOWED TO EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD, OR FOR ANY OTHER LIABILITY WHICH MAY NOT BY APPLICABLE LAW BE EXCLUDED OR LIMITED AND WE DO NOT DO SO.
We strive to provide you with useful, accurate, and timely information in our sales, marketing and education collaterals. Although NEXGEN BIOPHARMA makes no commitment to update the information or materials in our Content, NEXGEN BIOPHARMA does attempt to provide visitors with accurate information and materials. NEXGEN BIOPHARMA may change the content of any information or materials available, or to the products’ descriptions, at any time without prior notice; NEXGEN BIOPHARMA therefore assumes no responsibility for the accuracy and completeness of any information or materials found in our Content.
Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located in particular Content. Information and opinions expressed in bulletin boards or other forums, if any, are not necessarily those of NEXGEN BIOPHARMA. Neither NEXGEN BIOPHARMA, nor its officers, directors, employees, agents, distributors, or affiliates are responsible or liable for any loss or damage (including without limitation actual, consequential, or punitive), liability, claim or other injury or cause related to or resulting from any information posted in sales and marketing collaterals. NEXGEN BIOPHARMA reserves the right to revise these Terms at any time. ALL INFORMATION AND MATERIALS AVAILABLE ARE PROVIDED “AS IS”, WITHOUT ANY GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND NEXGEN BIOPHARMA DISCLAIMS ALL GUARANTEES, CONDITIONS AND OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THOSE RELATING TO SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM STATUTE, A COURSE OF DEALING, USAGE OR TRADE PRACTICE. IF YOUR USE OF THE MATERIALS OR INFORMATION IN THE CONTENT RESULTS IN THE NEED FOR FURTHER CONSULTATION WITH HEALTH PRACTITIONERS, YOU SHALL ASSUME ALL COSTS THEREOF.
NEXGEN BIOPHARMA may, in its sole discretion, terminate or suspend your access to all or part of the NEXGEN BIOPHARMA’s Content, including, but not limited to any bulletin boards thereon, for any reason, including without limitation, breach of these Terms. The restrictions herein regarding materials appearing on the site and the representations and warranties, indemnities, and limitation of liabilities shall survive any such termination.