Where Logic Meets Innovation
Cannondale Corporation (hereinafter collectively referred to as the “Company”) developed the technological knowledge with respect to the specifications for an oversized bottom bracket shell for a bike frame (hereinafter referred to as the BB30) as described in the Standard Document and is trademarking the term BB30 in the United States of America.
If you as the user of this web site wish to down load and use the technology contained within this web site you must agree to comply with the terms and conditions of the following Agreement without amendment. The terms in this Agreement supersede any policies described in any other literature published by the Companies or any one of them.
DEFINITIONS : In this document the term “technology” includes all technical information, procedures, methods, practices, techniques, information, bills of parts, diagrams, drawings, specifications, blue prints, lists of materials, production manuals and data relating to the design, manufacture, production, inspection and testing of the BB30 standard.
USE LICENSE: IN CONSIDERATION of the mutual promises and covenants contained in the Agreement and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, permission is granted by the Company to you to:
(i) download the technology on BB30’s web site for the purpose of manufacturing, distributing, using and selling the BB30 technology; and
(ii) use the trade mark “BB30”.
This is the grant of a license and not the transfer of title and under this license you must:
(i) manufacture, distribute, use and sell the BB30 standard within the specifications set out in the Standard Document and not modify the technology in particular, you will manufacture BB30 standard with the highest standards having regard to the nature of BB30 and the use to which it will be put. You will maintain the standards of design, materials, quality control, production and safety testing and inspection as specified in the Standard document;
(ii) use the trade mark “BB30” when manufacturing, distributing and selling BB30 and agree and comply with the terms of the use of the trademark;
(iii) agree to disclose to the Company any and all technical data and information relating to any and all developments or improvements of BB30.
USE OF THE TRADEMARK : You agree that your right to use the trade mark “BB30” shall be conditional upon you:
(i) manufacturing, distributing and selling BB30 in accordance with the specification within the Standard Document;
(ii) withdrawing from the course of manufacture or from the market any BB30 Trademarked products that fail to comply with the specification within the Standard Document;
(iii) at all times using your best endeavors to preserve the validity and value of the Trademark;
(iv) signing any documentation required for the registration of the Trade mark in any jurisdiction where the BB30 is manufactured, distributed used or sold; and
(v) notifying the Company of all infringements of the Trade mark, or of passing off, or of applications to register trade marks which could conflict with the “BB30” trade mark which come to your knowledge and thereafter assisting with all reasonable and necessary action to prevent such infringements, passing off and applications to register such trade marks.
TERMINATION: This License will automatically terminate if you violate in any material respect your obligations under this Agreement or you commit a material breach of any of the terms, conditions or restrictions contained within this Agreement.
DISCLAIMER: The technology on BB30’s web site is provided as “as is”. The Company makes no warranties or guarantees, express or implied, in relation to the technology and/or the BB30 and the Company disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non – infringement of intellectual property or other violation of rights. The Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the technology. The Company shall not be liable to you by reason of any representation or the breach.
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or unenforceability of any other provision.
ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement of all the parties with respect to the subject matter hereof and, except as stated in this Agreement and in the instruments and documents to be executed and delivered pursuant to this Agreement, contains all the representations, undertakings and agreements of all parties respecting the subject matter hereof.
SUCCESSORS AND ASSIGNS: This Agreement shall be binding on and ensure to the benefit of the successors and assigns of the Companies and you and all corporations and persons succeeding to or acquiring the business now carried on by you or the Company.
HAVING READ AND UNDERSTOOD THE ABOVE NOTED TERMS AND CONDITIONS AND HAVING AUTHORITY TO ENTER THIS AGREEMENT: