1. Introduction.

    These Nervotec Trademark Use Guidelines (the “Trademark Guidelines”) form an integral part of the Nervotec Master User Agreement (the “Agreement”) between Nervotec Pte. Ltd. or its affiliates (“Nervotec,” “we,” “us” or “our”) and you or the entity you represent (“you”). These Trademark Guidelines provide you a limited permission to use the Nervotec Marks (as defined in Section 2 below), in connection with (as applicable): (a) your use of the Services (as defined in the Agreement), or in connection with software products designed to be used with the Services, or (b) as otherwise agreed with Nervotec in writing, on the terms set forth herein and in the Agreement, until such time as we may terminate such permission, which we may do at any time, in our sole discretion, as set forth in Section 4 below. The Nervotec Marks are some of our most valuable assets and these Trademark Guidelines are intended to preserve the value attached to the Nervotec Marks.

  2. Definition.

    For the purposes of these Trademark Guidelines, “Nervotec Marks” means the following trademarks, service marks, service or trade names, logos, product names, or designations of Nervotec and its affiliates: (i) the “Powered by Nervotec” logo; and (ii) “Nervotec”, “Nervotec Dashboard” and any other Nervotec Marks and Services (i.e, Nervoscan) made available from time to time.

  3. Limited Permission.

    Provided that you are authorised by Nervotec in writing, and provided, further, that you comply at all times with the terms of both the Agreement and these Trademark Guidelines, we grant you a limited, non-exclusive, revocable, non-transferable permission, under our intellectual property rights in and to the Nervotec Marks, and only to the limited extent of our intellectual property rights in and to the Nervotec Marks, to use the Nervotec Marks for the following limited purpose, and only for such limited purpose: (i) identify Your Content (as defined in the Agreement) as using the Services; or (ii) to identify software tools or applications that you create and distribute that are intended for use in connection with the Services. Without limitation of any provision in the Agreement, you acknowledge that any use that you elect to make of the Nervotec Marks, even if permitted hereunder, is at your sole risk and that we shall have no liability or responsibility in connection therewith. Your limited permission to use the Nervotec Marks is a limited permission and you may not use the Nervotec Marks for any other purpose. You may not transfer, assign or sublicense your limited permission to use the Nervotec Marks to any other person or entity. Your use of the Nervotec Marks shall comply with: (i) the most up-to-date versions of the Agreement and these Trademark Guidelines; and (ii) any other terms, conditions or policies that we may issue from time to time to govern use of the Nervotec Marks. Your limited permission to use the Nervotec Marks hereunder shall automatically terminate and you must immediately stop using the Nervotec Marks if at any time: (i) the Agreement is terminated; or (ii) Your Content no longer uses any of the Services, or your software product cannot be used with any of the Services, as applicable.

  4. Modification and Termination.

    You understand and agree that, without prior notice to you and at our sole discretion: (i) we may modify these Trademark Guidelines at any time; (ii) we may modify or terminate your limited permission to use the Nervotec Marks, at any time in our sole discretion, for any reason or for no reason at all; and (iii) we reserve the right to take any and all actions including, without limitation, legal proceedings, against any use of the Nervotec Marks that does not comply with the terms of the Agreement or these Trademark Guidelines.

  5. No Affiliation or Endorsement.

    You will not display the Nervotec Marks in any manner that implies that you are related to, affiliated with, sponsored or endorsed by us, or in a manner that could reasonably be interpreted to suggest that Your Content, web site, product or service, has been authored or edited by us, or represents our views or opinions.

  6. No Disparagement.

    You may only use the Nervotec Marks in a manner designed to maintain the highest standard, quality and reputation that is associated with the Nervotec Marks and you will not use the Nervotec Marks to disparage us or our products or services.

  7. No Dominant Display; Nervotec Mark Differentiation.

    You may not display any Nervotec Mark as the largest or most prominent trademark in any materials (including, without limitation, any web site or product literature) associated with Your Content, software tool or other software application. When using any Nervotec Mark (other than the Logo, with respect to which the formatting requirements are set forth in Section 8 below, or in a URL), you must distinguish the Nervotec Mark from the name of Your Content and/or other surrounding text by capitalising the first letter of the Nervotec Mark, capitalising or italicising the entire Nervotec Mark, placing the Nervotec Mark in quotes, or using a different style or colour of font for the Nervotec Mark.

  8. Formatting Requirements with Respect to the Logo.
    1. No Modification. We will make the Logo image available to you. You may not remove, distort or modify any element of the Logo; provided however, you may transform the file format itself, for ease of use.
    2. Spacing, size and placement. The use of the logo must comply with Nervotec’s Corporate Identity manual which would be sent together with the Logo image.
  9. Hyperlinking.

    You shall link each use of the Nervotec Marks directly to the following URL, wherever technically feasible: https://nervotec.com/. You may, alternatively, link to an Nervotec detail page for a Service used by Your Content, and if you do so, you must link to the primary URL for the Service (e.g., https://[name of Service].nervotec.com. For example, the primary URL for Nervotec Dashboard is https://awareness.nervotec.com/. You may open the URL in a new browser window. You may not link the Nervotec Marks to any web site other than the primary URL for the applicable Service. You may not frame or mirror any of our web site pages.

  10. No Combination.

    You may not hyphenate, combine or abbreviate the Nervotec Marks. You shall not incorporate the Nervotec Marks into the name of your organisation, or your services, products, trademark or logos.

    The foregoing prohibition includes the use of the Nervotec Marks in the name of any application, service or product or in a URL to the left of the top-level domain name (e.g., ”.com”, ”.net”, ”.uk”, etc.). For example, URLs such as “nervotec.mydomain.com” are expressly prohibited.

  11. Adwords.

    Nervotec and its affiliates own and restrict trademark use by third parties on all search engines.

  12. Attribution.

    You must include the following statement in any materials that include the Nervotec Marks: “Nervotec, the “Powered by Nervotec” logo, [and name any other Nervotec Marks used in such materials] are trademarks of Nervotec Pte. Ltd.”

  13. No Misleading Use.

    You may not display the Nervotec Marks in any manner that is misleading, unfair, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable as determined by us in our sole discretion.

  14. Trade Dress.

    You may not imitate the trade dress or “look and feel” of any of our web sites or pages contained in any of our web sites, including without limitation, the branding, colour combinations, fonts, graphic designs, product icons or other elements associated with us.

  15. Compliance with Law; Appropriate Activities.

    You may not use the Nervotec Marks in any manner that violates any Singapore or foreign law or regulation. Without limiting the foregoing, or any provision in the Agreement, you may not display any Nervotec Mark on your site if your site contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age.

  16. Reservation of Rights.

    Except for the limited permission specified in Section 3 above, nothing in the Agreement or these Trademark Guidelines shall grant or be deemed to grant you any right, license, title or interest in or to any Nervotec Mark or any of our or our affiliates’ other trademarks, service marks, trade names, logos, product names, service names, legends, other designations, or abbreviations of any of the foregoing. You acknowledge and agree that we and our affiliates retain any and all intellectual property and other proprietary rights in and to the Nervotec Marks. All use by you of the Nervotec Marks including any goodwill associated therewith, shall inure to the benefit of Nervotec.

  17. No Challenges.

    You agree that you will not, at any time, challenge or encourage, assist or otherwise induce third parties to challenge the Nervotec Marks (except to the extent such restriction is prohibited by law) or our registration thereof, nor shall you attempt to register any trademarks, service marks, trade names, logos, product names, service names, legends, domain names, other designations, or abbreviations of any of the foregoing, or other distinctive brand features that are confusingly similar in any way (including, but not limited to, sound, appearance and spelling) to the Nervotec Marks.

  18. Contact Information.

    If you have questions regarding your obligations under these Trademark Guidelines or questions about any Nervotec Mark, please contact or write to us at: info@nervotec.com