This License Agreement is a binding legal agreement between YOU (the “Licensee”) and The Board of Governors of the Colorado State University System, acting by and through Colorado State University for the benefit of the Colorado State Forest Service (“CSFS” or “Licensor”). If you do not agree to the terms of this License Agreement, do not use the Colorado Forest Products trademark, logos, brands and related materials.
The Colorado Forest Products™ Program is a business membership and consumer education program administered by CSFS and the Colorado Department of Agriculture. The Colorado Forest Products™ Program is a companion campaign to Colorado Proud™, and educates consumers about the benefits of working with Colorado’s wood products growers, manufacturers and retailers.
Membership in the Colorado Forest Products™ Program is open to any business, organization, or individual that grows, buys, or sells wood products of which at least 50 percent (50%) are derived from public or private forests in Colorado as a result of forest management activities. Each member must certify that at least 50 percent (50%) of the wood materials used in their products are derived from Colorado forests. There is no cost to participate in the program. CSFS owns the rights in Colorado Forest Products™. Only organizations, businesses and individuals who agree to comply with the terms and conditions set forth herein, are authorized to use the Colorado Forest Products™ trademark, series of logos, brands and related materials, all of which are owned by CSFS.
By joining the Colorado Forest Products™ Program, and submitting your business information, you are agreeing to receive information from us via email.
YOU, [TYPED BELOW, IN THE NAME BOX OF THIS FORM], the LICENSEE, desires to participate in the Colorado Forest Products™ Program, and effective on the date this License Agreement is submitted and accepted by CSFS, in consideration of receipt of the Colorado Forest Products™ trademark, logo, brand and related materials, the LICENSEE agrees to the following terms and conditions.
- Use of Trademark, Logo, Brand, Name and related materials
- LICENSOR grants to LICENSEE, its agents and employees a non-exclusive, nontransferable, and royalty-free right to use the Colorado Forest Products™ trademark, brand, logo and related materials (the “Materials”) only in accordance with, and in the form and manner described in the Logo Use Guidelines, a copy which is attached and made part hereof by reference, as such guidelines may be amended from time to time. LICENSEE shall submit a written request to CSFS and receive written permission signed by an authorized CSFS employee to use the Materials in a form or manner other than described in the Logo Use Guidelines.
- LICENSEE is prohibited from modifying the Materials. LICENSEE is prohibited from selling, licensing, giving away, or otherwise distributing the Materials, either in full or in part. LICENSOR reserves any and all rights not expressly and explicitly granted in this License Agreement, including but not limited to LICENSOR’S right to license the Materials to any third party.
- Quality Maintenance Standards; Certification
- LICENSEE must obtain LICENSOR’S prior written approval before LICENSEE may use the Materials. LICENSEE shall submit to LICENSOR designs for all intended uses of the Materials for approval prior to any such use or production. In its sole discretion, LICENSOR has final approval rights for all intended uses of the Materials. LICENSEE shall cooperate with LICENSOR in assuring proper use of the Materials, in accordance with the Logo Use Guidelines. Such cooperation shall include the completion of surveys related to logo use and providing LICENSOR with examples of use of the Materials upon request. LICENSEE shall comply with all applicable laws and regulations and obtain all appropriate government approvals pertaining to packaging, advertising or promotional materials using any of the Materials. LICENSEE shall use the Materials only in such a manner that promotes Colorado forest management in a positive, non-partisan manner.
- LICENSEE certifies, assures and guarantees that at least 50% of all wood material used in the processing and manufacture of products sold under this marketing program or using the Materials is from Colorado forest health, restoration and/or fuels reduction efforts. LICENSEE shall submit such a written certification to LICENSOR.
- Term; Termination
- This License Agreement shall continue in full force and effect in perpetuity, unless terminated earlier in accordance with this section of the License Agreement, or immediately upon LICENSOR’S decision to terminate the Colorado Forest Products™ Program.
- LICENSOR may terminate this License Agreement at any time and for any reason or no reason upon five (5) days written notice to LICENSEE. Upon such termination, LICENSEE shall promptly discontinue all use of the Materials, and remove any of the Materials from any promotional, packaging, advertising, selling and other materials.
- LICENSOR may terminate this License Agreement immediately upon delivery of written notice to LICENSEE for any breach of the terms of this License Agreement by LICENSEE. LICENSEE agrees that LICENSOR shall have the sole discretion of determining whether LICENSESE has breached this License Agreement. Upon such termination, LICENSEE shall immediately discontinue any and all use of the Materials, and remove the same from any promotional, packaging, advertising, selling and other materials, and destroy all materials bearing any of the Materials. LICENSEE further agrees that LICENSOR has the right to use any and all means necessary to enforce its rights if LICENSEE breaches this License Agreement.
- Intellectual Property Rights
- Title. LICENSOR and LICENSEE agree that LICENSOR owns all proprietary rights, including patent, copyright, trade secret, trademark and other proprietary rights, in and to the Materials and any corrections, enhancements, updates or other modifications, whether made by LICENSOR or any third party. No title in the Materials is transferred hereby and LICENSEE’S rights hereunder are strictly limited as set forth herein.
- Transfers. Under no circumstances shall LICENSEE sell, license, publish, display, distribute, or otherwise transfer to a third party the Materials or any copy thereof, in whole or in part.
- Disclaimer of Warranties; Limitation of Liability
- Disclaimer. THE MATERIALS ARE LICENSED TO YOU “AS IS” AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Liability. IN NO EVENT SHALL LICENSOR BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THE USE OR INABILITY TO USE THE MATERIALS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
- General Provisions
- Governing Law; Jurisdiction; Venue. This License Agreement is governed by the laws of the State of Colorado, without regard to choice of law provisions. LICENSEE agrees that the venue and jurisdiction for any dispute arising under this License Agreement shall be proper only in Larimer County District Court in the State of Colorado, and LICENSEE expressly consents to such exclusive and personal jurisdiction and venue.
- Severability. Except as otherwise set forth herein, the provisions of this License Agreement are severable, and if any one or more such provisions shall be determined to be invalid, illegal or unenforceable, in whole or in part, the validity, legality and enforceability of any of the remaining provisions or portions thereof shall not in any way be affected thereby and shall nevertheless be binding between the parties.
- Complete Agreement. The parties agree that this License Agreement is the complete and exclusive statement of the agreement between the parties, which supersedes and merges all prior proposals, understandings and all other agreements, oral or written, between the parties relating to the subject matter.
- Waiver. Any waiver, express or implied, be either party of any default by the other of any of the conditions set forth herein shall not constitute or be construed as a waiver of any subsequent or other default.
- LICENSEE Information.
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