Any text, pictures, icons, documents, photographs, graphics, software, source codes, technology, guides, policies and protocols, guidelines, manuals, texts, compilations, writs, works, brochures, catalogues, pamphlet, any other Intangible Asset (as defined below, other than Materials), document, presentations, videos, recordings, animations, and in general, any other graphic, audiovisual or sound contents whatsoever (jointly referred to as the “Contents”), names, logos, trademarks, patents, industrial designs, useful models, distinctive signs, trade dress, designs, layouts, maps, advertisements and copyrights, domain names, web designs, any other sign susceptible of industrial and commercial use and any other information and applications contained in L’Occitane Web Page (the “Intangible Assets”) are of exclusive property of L’Occitane or of third parties that have duly authorized L’Occitane to use them, and User hereby agrees and acknowledges such ownership, and therefore User agrees:
(i) Not to enforce any ownership right (including intellectual property rights) on the Contents and any Intangible Assets and hence User will not encumber, lease, transfer or otherwise convey the title or dispose of such Contents and Intangible Assets, among others;
(ii) Not to utilize, wrongfully use, alter, modify, plagiarize and transfer to obtain any benefit whatsoever, the Contents and Intangible Assets;
(iii) Not to transform, reproduce, utilize or distribute, assign, grant in concession and/or license in any manner whatsoever such Contents and Intangible Assets in favor of any third party, unless upon prior and written approval of L’Occitane; and
(iv) Not to use the Intangible Assets or any other distinctive sign that is confusingly similar.
The access, browsing and/or use of L’Occitane Web Page by User in no event, under no reason or circumstance may be construed as granting any right whatsoever in favor of User on the Contents and Intangible Assets and grant no right whatsoever for the utilization thereof. Consequently, no waiver or license, concession or authorization is granted and no transfer or assignment (whether in full or in part) whatsoever is effected regarding the intellectual and industrial property rights related directly or indirectly with the Contents and Intangible Assets, and no expectation on the creation of such right shall exist.
L'Occitane assumes no responsibility in connection with any infringement to intellectual or industrial property rights of third parties that may derive from the inclusion in L’Occitane Web Page of any trademarks, advertisement, industrial designs, patents, designs, texts, pictures, graphics, logos, icons or software owned by third parties that have stated to be the owners thereof at the time the same were included in L’Occitane Web Page.
For the purposes of this section (‘Intellectual Property’) any capitalized terms and/or definitions shall have the meaning set forth in the sections ‘Terms and Conditions’ and ‘Sales Policies’, unless otherwise defined herein.