London 2012 Paralympic Games Countdown

TERMS OF USE OF THE OMEGA COUNTDOWN CLOCK PROGRAM

OMEGA Ltd, Stämpflistrasse 96, 2500 Biel, Switzerland (hereinafter referred to as "OMEGA") hereby sets the terms applicable to the Authorized Users, as defined below, of the computer program for an electronic countdown clock for the London 2012  Paralympic Games ("Countdown Clock Program") it has developed. WHEREAS OMEGA is the Official Time Keeper for the London 2012 Olympic Games and Paralympic Games. OMEGA has developed the Countdown Clock Program" and is willing to make such Program available, free of charge, to:

(i) Organising Committees of the Paralympic Games;
(ii) National  Paralympic Committees and their respective sponsors
(iii) International Sports Federations of Paralympic sports and National Governing Bodies of Paralympic sports in the United Kingdom;
(iv) official sponsors or partners of the International Paralympic Committee ("IPC");
(v) the London Organising Committee of the Olympic Games and Paralympic Games Limited (“LOCOG”);
(vi) TOP Sponsors who are partners of the Paralympic Games
(vi) LOCOG’s Tier 1, 2 and 3 domestic partners; and
(vii) LOCOG’s non-commercial partners who have entered into a licence agreement with LOCOG for use of the London 2012 Paralympic Emblem (including government agencies, departments and those Host Boroughs which have sign their licence with LOCOG);

(hereinafter separately referred to as "User" and jointly referred to as "Authorized Users").

The User hereby declares that it wishes to use the Countdown Clock Program and therefore accepts and undertakes to comply with these Terms of Use:

  1. These Terms of Use apply to the relationship between OMEGA and the User in relation with the use of the Countdown Clock Program.

  2. These Terms of Use apply towards all Authorized Users and sets all terms applicable to the use of the Countdown Clock Program.

  3. These Terms of Use void and nullify any previous agreement between them on the use of the Countdown Clock Program.

  4. In the event that any provision of these Terms of Use should be unlawful due to any law, regulation or international treaty or other edicts, this shall not affect the other provisions of these Terms of Use. OMEGA and the User agree that such unlawful provision shall be deemed to be replaced by another lawful provision which shall be as close as possible in purpose and economic content to the unlawful provision.

  5. Amendments to these Terms of Use or separate written agreements on the Countdown Clock Program are only valid if they are made in written form and signed in a legally effective manner by OMEGA and the User.

  6. The User hereby confirms that it is one of the Authorized Users as defined in the preamble and has a current agreement with the IOC and/or LOCOG authorising it to use the London 2012  Paralympic emblem and to associate itself with the London 2012 Paralympic Games (the “Authorising Agreement”).

  1. The User acknowledges the proprietary rights of OMEGA to the Countdown Clock Program and of LOCOG to the London 2012 Paralympic Games emblem.

  1. The User shall install the Countdown Clock Program on its website in territories in which its Authorising Agreement applies, and shall not use the Countdown Clock Program so that it appears in close proximity to any commercial branding (other than that of the User itself or another Authorised User). Close proximity shall mean that the Countdown Clock shall not be placed adjacent to any third parties' commercial brandings or be positioned in a manner which would suggest that such commercial brandings are connected to the  Paralympic Games in some way. Without the prior written consent from OMEGA and LOCOG, the User shall not modify, amend, distribute or disseminate the Countdown Clock Program in any manner whatsoever, nor shall the User use the Countdown Clock Program for any purpose other than that as specified in this agreement. OMEGA may terminate this agreement and/or disable the Countdown Clock Program at any time in its absolute discretion through written notification to the User. If the User’s status as an Authorized User comes to an end for any reason it shall discontinue all use of the Countdown Clock Program.

  1. These Terms of Use and agreements connected therewith are governed by Swiss law, excluding rules on conflict of laws.

  1. Any controversy or claim arising out of or relating to these Terms of Use, which cannot be resolved through friendly discussion shall be submitted to the exclusive jurisdiction of the competent courts at the registered offices of OMEGA. Notwithstanding the foregoing, OMEGA may seek interim and permanent injunctive relief before any Court which can have jurisdiction to grant the relief sought.


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