When using photos, videos or other IP-rights provided by ABENA, the User accepts the following Terms of Use:
Rights granted
• ABENA grants the User on the terms set out in this Terms of Use a non-exclusive license to use ABENA’s IP-rights in context with the ABENA brand and/or ABENA products. This license is personal to the User and grant does not include any right to grant sub-licenses.
Use of ABENA’s IP-rights
• ABENA only transfers a limited right to use the IP-rights to a website or other materials with the purpose to promote, market or distribute ABENA products.
• It is important that ABENA’s IP-rights are used only in a manner that represents ABENA brand and ABENA products and are in accordance with good marketing practice. In addition the User may not make design changes without approval from ABENA Group Digital and Marketing. The User may crop and resize images as well as translate text for local language versions. The User may NOT make changes to logos, images and symbols.
• The User shall not make use of ABENA’s IP-rights when marketing products, which are not produced by or for ABENA.
• ABENA has the right at any time to demand changes to the content of the website or other materials for the use of ABENA’s IP-rights. The User shall bear all costs related to the use of ABENA’s IP-rights.
• Some IP rights, including but not limited to photos and videos may have time limits. If so, it will be mentioned in the information field (metadata descriptions). It is the User’s responsibility to comply with any time limits.
• The User shall, if requested by ABENA, submit designs and all printed material using ABENA’s IP-rights for approval as to the manner and the context of the intended use of the IP-rights and shall not make use of any such materials if they are then not approved, which approval shall not be reasonable withheld. The User shall, however, be responsible for ensuring that all other requirements relating to labelling, packaging, advertising, marketing and other such matters are complied with.
• The User shall not use any mark or name confusingly similar to the ABENA’s IP-rights in respect of any corporate business or trading name or style of the user.
• The User of ABENA’s IP-rights shall not directly nor indirectly give the impression that it is a member of the ABENA Group of Companies.
Intellectual Property
• All ABENA Property Rights hereunder trademarks (fig and w) names and designs, all patents, copyrights, trademark names and other intellectual property owned by ABENA, and inventions and works created by ABENA shall at all times remain the property of ABENA.
• ABENA’s IP-rights may not be used in a manner that violates any law, statute, or regulation, infringes ABENA or any third party's copyrights or other intellectual property rights or any right of publicity or privacy. It may not contain any pornographic, defamatory, or otherwise unlawful or immoral content, exploit minors; depict unlawful or violent acts; depict animal cruelty or violence towards animals; promote fraudulent schemes or give rise to a claim of deceptive advertising or unfair competition.
• The User shall neither register nor have registered any of ABENA Property Rights hereunder trademarks, trade names, trademark names or symbols of ABENA (or trademarks, trade names, trademark names or symbols similar to those of ABENA). Any registration of ABENA’s name and brand by the User shall promptly be transferred to ABENA at the expense of the User.
Liability and damages
• In any cases of misuse of ABENA’s IP-rights, the responsibility to pay any compensation or fees lies with the User.
• For any downloaded image, symbol or graphic, the User is responsible for complying with current guidelines and local legislation. The User shall on its own account make sure that ABENA products are promoted, marketed and distributed and the content of the website or other materials conform to local requirements and authority requests. Please note that strict terms and conditions apply to the use of all certificates and symbols.
• Compensation will be claimed in accordance with the general tort law rules and compensation provisions of Danish law.
Governing law and jurisdiction
• The validity, construction and performance of Terms and Use shall be governed by Danish law and shall be subject to the exclusive jurisdiction of the Civil Court of Justice in Denmark.
