Terms Of Use Agreement for non-profit entities for use of the Decade of Action Road Safety 'Tag' symbol

Grant of non-exclusive revocable right to use the Tag and the phrase "XX supports the Decade of Action for Road Safety 2011-2020" on web sites, booklets, posters, flyers and similar for events or activities in support of the Decade of Action, including national, institutional or local launches of the Decade of Action and related advocacy and media campaign activities, but excluding fundraising activities (the "Right").

The Right is granted subject to the following conditions and on the terms of this Agreement:

the Right shall be time limited to the duration of the aforesaid events or activities in support of the Decade of Action;
the messages in the above mentioned materials shall at all times be consistent with the Global Plan for the Decade of Action (see http://www.who.int/roadsafety/decade_of_action/plan/en/index.html ); and
the Tag and the phrase "XX supports the Decade of Action for Road Safety 2011-2020": (i) shall be used only in relation to the above mentioned agreed events and activities and (ii) may not be altered in any way (except for accurate translations in the local language).
The Tag and the phrase "XX supports the Decade of Action for Road Safety 2011-2020" may not be used in any manner that discredits WHO and/or the FIA Foundation, or prejudices the reputation or goodwill of either; is false or misleading; violates the rights of others, any law, regulation, or other public policy; or incorrectly characterises the relationship between WHO and the FIA Foundation on the one hand, and the user of the Tag and the aforesaid phrase ("the User") on the other hand.

The Tag and the phrase "XX supports the Decade of Action for Road Safety 2011-2020" may not be used for any financial gain or in a manner that might be interpreted as an endorsement, approval, sponsorship, or certification by WHO and/or the FIA Foundation of the User, the User's events or activities, or the User's products or services, or that might be interpreted as support or encouragement to purchase or utilize the User's products or services.

No rights are being granted except for those explicitly granted herein. In no event shall the User be authorized to use the name, acronym and/or emblem of WHO and/or the FIA Foundation in any manner and for any purpose whatsoever, except as may explicitly be agreed in writing by WHO or the FIA Foundation, as the case may be.

The Tag and the phrase "XX supports the Decade of Action for Road Safety 2011-2020" are being provided without warranty of any kind, either express or implied, including without limitation, any warranty of title or of non-infringement. Use of the Tag and the phrase "XX supports the Decade of Action for Road Safety 2011-2020" is solely at the User's own risk and in no event will WHO and/or the FIA Foundation be liable for any damages or loss of any kind arising from use of the Tag and the phrase "XX supports the Decade of Action for Road Safety 2011-2020".

The User agrees to indemnify and hold harmless WHO and the FIA Foundation from and against the full amount of any and all claims and liabilities, including legal fees and costs, which are or may be made, filed or assessed against WHO and the FIA Foundation at any time and based on or arising out of the User's (i) use of the Tag and the phrase "XX supports the Decade of Action for Road Safety 2011-2020"; or (ii) breach of the terms of use set forth in this Agreement, any law, or the rights of any third party.

WHO and the FIA Foundation reserve the right to (i) terminate this Agreement forthwith and prohibit use of the Tag and the phrase "XX supports the Decade of Action for Road Safety 2011-2020" if their use is not in strictly accordance with these terms of use, or breaches any law or the rights of any third party; and (ii) change the terms of use set forth in this Agreement at any time. Continued use of the Tag and the phrase "XX supports the Decade of Action for Road Safety 2011-2020" after changes to the terms of use are notified to the User constitutes acceptance of these terms of use as modified.

If any term, provision or condition of this Agreement is held to be invalid, void or unenforceable such invalidity, voidness or unenforceability shall not invalidate the remainder of this Agreement, all of which shall remain in full force and effect. This Agreement sets forth the entire understanding and agreement between WHO and the FIA Foundation on the one hand, and the User on the other hand, with respect to the use of the Tag and the phrase "XX supports the Decade of Action for Road Safety 2011-2020", subject to any additional terms, including changes, which may be agreed in writing from time to time.

This Agreement, and the rights and obligations provided hereunder, shall not be assigned, sub-licensed, transferred or otherwise alienated by the User.

Any matter relating to the interpretation or application of this Agreement which is not covered by its terms shall be resolved by reference to the laws of Switzerland. Any dispute relating to the interpretation or execution of this Agreement shall, unless amicably settled, be subject to conciliation. In the event of failure of the latter, the dispute shall be settled by arbitration. The arbitration shall be conducted in accordance with the modalities to be agreed upon by the parties, or in the absence of agreement, in accordance with the rules of arbitration of the International Chambre of Commerce. The parties shall accept the arbitral award as final.

Nothing in this Agreement and no action taken by a party pursuant to this Agreement is intended to, or shall be deemed to create, any partnership, joint venture or agency between the parties.

Nothing contained in this Agreement shall be deemed to constitute a waiver of any of the privileges and immunities enjoyed by WHO under national or international law, and/or as submitting WHO to any national court jurisdiction.