The MountainWest Capital Network (“MWCN”) congratulates all Utah 100 winning companies. In recognition of your success, MWCN hereby grants winning companies (hereafter “you”) a personal, nonexclusive, royalty-free, nontransferable, license to hyperlink (“Link”) your Internet web site to MWCN’s Internet web site, and in connection with such Link to display MWCN’s Utah 100 Web Link Logo reproduced above and any modifications or improvements made thereto by MWCN (the “Link Logo”) as part of your Internet web site subject to the following terms and conditions:
1. Your receipt of the license granted hereby and your Link and use of the Link Logo contemplated by this license is without charge to or royalty payment from you. You must, however, accept the terms of this license. Your use of the Link and the Link Logo will acknowledge your acceptance of such terms and conditions.
2. You may only Link to MWCN’s home web page at www.mwcn.org. The Link Logo must be used as a link to www.mwcn.org. You may not use the Link Logo as a static image. You must include the following notice on any web page you create that includes the Link or the Link Logo: “MountainWest Capital Network and the MountainWest Capital Network/Utah 100 Logo are trademarks of the MountainWest Capital Network, a Utah non-profit corporation.” Except to the extent specifically granted hereby, MWCN reserves all rights to its intellectual property. This license shall not entitle any party to use, display or include the Link Logo other than on the official web site of a winning company. No party may use the Logo on in any print, video or electronic media (other than a web site) without the express, prior written consent of MWCN.
3. You may only use the licensed Link Logo. No other MWCN logo, obtained from MWCN’s WWW page or any other MWCN source may be used.
4. You may not use the name “MountainWest Capital Network”, “Utah 100”, the Link, and/or the Link Logo to disparage MWCN, its programs, services, or sponsors in any way that in MWCN’s
sole discretion may diminish or damage the goodwill and reputation of MWCN or the Utah 100 awards program, including, but not limited to, uses that could be deemed obscene, pornographic, or excessively violent, or to encourage unlawful activities.
5. You may not alter the appearance of the Link Logo. The Link Logo must stand by itself and must include a minimum amount of 25 pixels of empty space around it to avoid unintended associations with any other objects including, but not limited to, type, photography, borders, and edges. You may not use the Link Logo as a feature or design element of any other logo.
6. You may not use the names “MountainWest Capital Network” or “Utah 100”, the Link, and/or the Link Logo (i) in any manner that states or implies (A) MWCN sponsorship or endorsement of your company, products, services, and/or Internet Web site, or (B) that MWCN or its sponsors and agents have reviewed, audited, read, approved, accepted or endorsed the accuracy or completeness of your current or past financial statements or information; or (ii) in connection with any offer to sell or purchase or any sale or purchase of securities.
7. You may not display the names “MountainWest Capital Network”, “Utah 100”, the Link, and/or the Link Logo more prominently than your company, product, Internet Web site name, or logo.
8. MWCN reserves the right to alter, modify, or discontinue the MWCN web site and Link Logo at any time, in its sole discretion.
9. MWCN’S WEB SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF