End User Licence Agreement

For the purposes of this End User Licence Agreement ("EULA"), "you" means a person or entity which logs in to view and download Files, or that downloads Files from this web site without logging in. "Files" means the individual digital files, assets and resources stored on this site for download, including logos, artworks, images, videos, graphics and other multi-media files.

With effect from the date this EULA is accepted by you, Mitsubishi Motors New Zealand Ltd ("MMNZ") grants to you a non-transferrable, non-exclusive right to download and use the Files shown in this website, in New Zealand, in connection with your business and upon the terms and conditions set out in this EULA.

Brand Guidelines

This EULA should be read in conjunction with the Guidelines which form part of this EULA. MMNZ may vary this EULA or the Guidelines at it's discretion with ot without notice to you.

Conditions of use

By accepting this EULA, you undertake that you will:

• download and use the Files solely as an end user and only in relation to your business (which use includes making it available to your contractors and agents who provide graphic design and other services to you, provided that you remain liable for such contractors or agents acts or omissions in respect to their use of the Files);
• use the Files as specified in the Guidelines, without alteration or amendment, or as otherwise notified by MMNZ to you from time to time;
• ensure that all goods, services, signage and marketing collateral distributed, promoted, marketed, advertised, sold or provided by you using the AP Logo or bearing the AP Logo conforms to and complies in all respects with a consistently high standard;
• not use the Files in conjunction with any other trademarks or logos (other than your own) without the prior written consent of MMNZ;
• comply with all other reasonable requirements advised by MMNZ in writing from time to time with regard to the use of the Files;
• not during the term of this EULA or thereafter, directly or indirectly challenge or contest the validity of the Files or its ownership or engage in any other conduct which will or in MMNZ' reasonable opinion would be likely to, impair any rights of MMNZ in or to the Files;
• not cause or permit or omit to do anything that may damage or endanger the reputation of MMNZ and its subsidiaries, or the Files or any goodwill attaching thereto; and
• provide all reasonable assistance required by MMNZ to maintain ownership of copyright and trademarks in the Files and not to do or permit any act or omission which will jeopardise or invalidate MMNZ' ownership of copyright amd trademarks or their registration.

Infringement

You shall give notice to MMNZ promptly on becoming aware of any actual, suspected, threatened or alleged infringement of MMNZ copyright or trademarks or any allegation that the Files infringe the rights of any third party, and shall not, without the prior written consent of MMNZ (such consent not be to unreasonably withheld or delayed), take any action in respect of such matters.

MMNZ has the right, but no obligation, to control the conduct of proceedings relating to the actual, suspected, threatened or alleged infringement of:

• any of the MMNZ Files by any third party; or
• any third party rights by the use of the Files.

MMNZ may, at its discretion, take any action it considers appropriate in that regard and you shall, at the reasonable request of MMNZ, cooperate with and assist MMNZ where necessary to protect the rights of MMNZ.

Goodwill

You acknowledge that all rights, title and interest in and to the Files belong exclusively to MMNZ and that all goodwill in the Files including any arising from use of the Files by MMNZ or you, shall accrue exclusively for the benefit of MMNZ.

Term

This licence will terminate upon the earlier of:

• MMNZ giving you not less than 5 business days' notice in writing of its termination; or
• the expiry or termination of your right to sell, advertise or market Mitsubishi products and/or services.

In the event of termination of this EULA for any reason, you will, within 10 business days of the date of termination, cease using the Files in any way, shape or form and will no longer be licensed to use or otherwise exploit the Files in any way, either directly or indirectly.

No assignment

This licence is personal to you and you agree not to assign, sub-licence or sub-contract any of your rights or obligations under or any other interest arising from this EULA without the prior written consent of MMNZ which may be withheld or may be given subject to such terms and conditions as MMNZ in its discretion may determine. Any attempted assignment or sub-licence will constitute a breach of this EULA.

Notices

Any notices to be given to you under this EULA (including notification of an update to the Guidelines) shall be given to the email address set out in the registered user Profile.

Governing law

This EULA is governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.