Neenah Paper, Inc.
Terms and Conditions
NOTICE
This is a legal agreement between you and Neenah Paper, Inc. ("Neenah"). YOU MUST READ AND AGREE TO THE TERMS OF THIS LICENSE AGREEMENT ("Agreement") BEFORE YOU CAN USE THE NEENAH PAPER ENVIRONMENTAL SAVINGS CALCULATOR (the "Application"). BY CLICKING ON THE "SUBMIT" BUTTON, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU SHOULD EXIT THIS PAGE. BY DOING SO, YOU FOREGO ANY IMPLIED OR STATED RIGHTS TO USE THE APPLICATION.
License Agreement
A. License
i) Neenah hereby grants to you individually a nonexclusive and nontransferable license to use the Application solely and individually by you in connection with your marketing, promotion, sale or purchase of Neenah’s premium fine paper products. If you are installing or accessing or using the Application for your employer, this Agreement also includes your employer.
ii) All rights not expressly granted in this License Agreement are reserved by Neenah.
iii) Neenah has no obligation whatsoever to furnish to you any maintenance and support services with respect to the Application.
iv) You certify that you are not an employee of any of Neenah's competitors in the uncoated free sheet paper market and / or will not share the Application or any information generated by or through the Application with any such competitor.
B. Ownership of Application
i) Neenah is the owner of the Application. You acknowledge the ownership of the Application in Neenah and agree that you will do nothing inconsistent with such ownership and that all use of the Application and related goodwill shall inure to the exclusive benefit of and be on behalf of Neenah.
ii) You agree that nothing in this Agreement shall give you any right, title or interest in the Application or any other Neenah intellectual property other than the right to use the Application in accordance with this Agreement. You further agree that this Agreement shall give you no right to reverse engineer or deconstruct the Application for any purpose whatsoever.
C. Term and Termination
i) This Agreement will remain in effect from the time you download the Application and continues until terminated as described in this Agreement.
ii) Section (C)(i) notwithstanding, Neenah may modify or terminate this Agreement at any time for any reason or for no reason, effective upon written notice to you.
iii) Upon termination of this Agreement, all rights and obligations under this Agreement shall immediately cease except Sections B, D, E, F and G shall survive any termination of this Agreement and you shall promptly cease using and delete the Application.
D. Warranty Disclaimer
NEENAH MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE APPLICATION OR ANYTHING ELSE, AND NEENAH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
E. Limitation of Liability
EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED, IN NO EVENT SHALL NEENAH BE LIABLE, WHETHER IN CONTRACT, NEGLIGENCE OR OTHERWISE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR DIRECT DAMAGES OF ANY KIND (INCLUDING LOSS OF BUSINESS PROFITS) ARISING FROM OR RELATED TO THIS AGREEMENT EVEN IF NEENAH HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
F. Language
The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto, have been and shall be written in the English language only.
G. General
This Agreement shall be governed by the laws of the State of Georgia, including its Uniform Commercial Code, without reference to conflicts of laws principles. This Agreement is the entire agreement between us and supersedes any other communications or advertising with respect to the Application. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of the Agreement shall continue in full force and effect.