Terms of Use for Marketing Suite

Licence to use

Please read these terms carefully

By clicking the ‘accept the terms of use’ box on the initial launch page of the Mitsubishi Electric portal website  (the Customer Portal”) you agree to these licence terms which create a binding contract between you (“you”) and Mitsubishi Electric Europe B.V. (“we, us or MEU-UK”) for use of the following content  on the Customer Portal:

• ‘Product Image Library’;
• ‘Content Library’;
• ‘Social Media Library’;
• ‘Infographics’; and
• ‘Syndication Tool’(collectively the “Materials”)

If you do not agree to these terms of licence, you will not be able to access the Materials.

1. Licence to use
   • We permit you use the Materials under the terms of this licence.
   • You agree and acknowledge that:
     • nothing in this licence is meant or shall be deemed to give you any rights in the Materials except for the right to use the Materials in accordance with the terms of this licence; and
     • Materials are proprietary to MEU-UK and its licensors and shall remain the sole and exclusive property of MEU-UK and/or its licensors.
   • We grant you a limited, non-exclusive, revocable, non-transferable, royal-free licence to use the Materials for marketing purposes in the United Kingdom.
   • You shall not sell, transfer, grant a sub-licence, distribute or otherwise make available to any third party use of or the benefit of the Materials.
2. Intellectual property rights
   • You have no intellectual property rights in the Materials, other than the right to use them in accordance with the terms of this licence.
   • You shall not:
     • seek to register any intellectual property rights in the Materials;
     • remove, alter or otherwise tamper with any trade marks, trade names, logos, numbers or other means of identification on the Materials;
     • place any trade mark or trade name on the Materials;
     • do or omit to do, or authorise any third party to do or to omit to do, anything which could invalidate or be inconsistent with our ownership of or the validity and enforceability of the Materials.

1. Our warranty
   • We warrant that the use of the Materials as permitted under this licence shall not infringe any third party intellectual property rights.
2. Partner Programme status
   • You are only permitted to use the Materials as long as you continue to be a member of the Mitsubishi Electric ‘Partner Programme’.
   • We may also suspend and/or terminate your access to the Materials if you violate any term of this licence.
   • If we terminate your right to use the Materials:
     • you must cease to use the Materials downloaded from the Customer Portal by:
       • immediately deleting the Materials from all websites (including the removal of any online media campaign that contains the Material) and social media accounts;
       • ceasing to circulate any hardcopy sales catalogues and/or brochures (“Brochures”) that contain the Materials as soon as reasonably practicable and you shall give us written confirmation and/or demonstrate to our reasonable satisfaction that you have destroyed the Brochures in accordance with this clause 3.3; cease to publish (whether online or offline) any media campaigns containing the Materials.

1. Events outside our control
   • An error message will be displayed on the Customer Portal if: (i) access to the Materials or (ii) the availability of the Customer Portal is delayed by an event outside our control. We are not liable for any loss or damage suffered by you as a result of any cause beyond our control that prevents you from accessing: (i) the Customer Portal or (ii) Materials.
2. Updates to the Materials
   • You agree and acknowledge that from time to time we may automatically update the Materials and change any content on the Customer Portal to improve the user experience.
   • We do not guarantee the availability of any Materials and the selection of Materials uploaded on the Customer Portal is at our sole discretion.
3. Changes to these licence
   • You agree and acknowledge that we may need to change the terms of this licence to reflect changes in law or to deal with additional features which we introduce to the Customer Portal without notice.
4. Mitsubishi Electric products
   • This licence does not cover your use of any of Mitsubishi Electric products or any third party products (collectively “Product(s)”) with the Materials. We do not accept any liability for your use of, or defects in, the Product under this licence. Liability arising out of your purchase and use of the Product is governed by the terms of the agreement you have with the person or entity that sold you and/or installed the Product.
5. Assignment
   • We may transfer our rights and obligations under this licence to another legal entity (including but not limited to any company within the ‘Mitsubishi Electric’ group) without consent or notice.
   • You are not permitted to transfer your rights or your obligations under this licence.
6. No rights third parties
   • A person who is not a party to this licence shall have not have any rights under the Contracts (Third Party Rights) Act 1999 to enforce any terms of this licence
7. Severance
   • Each of the paragraphs under this licence operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
8. Delay in enforcement
   • Even if we delay in enforcing any term of this licence, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this licence, or if we delay in taking steps against you in respect of your breaching this licence that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
9. Jurisdiction
   • This license and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed and construed in accordance with the laws of England and Wales.
   • Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this licence or its subject matter or formation (including non-contractual disputes or claims).