Performance Institute, LLC dba PKGD Group (PKGD) Limited Rights Usage Agreement
This Limited Rights Usage Agreement (the “Agreement”) governs the use of logos, images,
and templates (collectively, the “Assets”) provided by Performance Institute, LLC dba PKGD
Group (“PKGD”). By downloading and/or using the Assets, you (“Licensee”) agree to be bound
by the terms and conditions set forth herein.
- Ownership of Assets
Licensee acknowledges that PKGD is an importer of Mexican spirits.
Licensee acknowledges that certain trademarks and logos are contractually licensed to
PKGD for use by the brand owners. These trademarks and logos are wholly owned assets
of the respective brand owners.
Licensee acknowledges that all photography, images, and other Assets available for
download on PKGDGroup.com are copyrighted and are the property of PKGD. - Grant of Limited Use License
PKGD grants Licensee a limited, non-exclusive, non-transferable license to use the
Assets solely for the following purposes:
Direct promotion of Licensee’s business as a properly licensed liquor establishment,
including but not limited to bars, restaurants, private clubs, and liquor stores.
Use by media outlets for articles and editorials related to PKGD and/or the brands
represented by PKGD. - Restrictions on Use
Licensee is strictly prohibited from using the Assets in any manner not expressly
permied herein.
Licensee shall not:
Modify the Assets in any way that distorts their original appearance or meaning,
unless expressly permied in writing by PKGD.
Sublicense, sell, assign, or transfer the Assets to any third party.
Use the Assets in any manner that is misleading, deceptive, false, defamatory, or
otherwise objectionable.
Use the Assets in any way that violates any applicable laws or regulations.
Licensee shall not use any Assets in a manner that implies that the Licensee is an
“authorized dealer,” “exclusive outlet,” or similar designation, without the express wrien
consent of PKGD and the relevant brand owner.
Use of the Assets for mass distribution media, including but not limited to television
commercials, national print magazines, and out-of-market promoted social campaigns, is
strictly prohibited without the express wrien consent of PKGD. - No Ownership Rights
Licensee acknowledges and agrees that nothing in this Agreement shall be construed as
transferring any ownership rights in the Assets to Licensee. PKGD and/or the respective
brand owners, as applicable, retain all right, title, and interest in and to the Assets. - Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the
State of Michigan, without regard to its conict of laws principles. - Acceptance of Terms
By downloading and/or using the Assets, Licensee acknowledges that they have read,
understood, and agree to be bound by the terms and conditions of this Agreement. - Termination
PKGD may terminate this Agreement at any time if Licensee breaches any of the terms
and conditions herein. Upon termination, Licensee shall immediately cease all use of the
Assets and destroy any copies in its possession or control. - Indemnication
Licensee agrees to indemnify, defend, and hold harmless PKGD, its ocers, directors,
employees, agents, and aliates, from and against any and all claims, damages,
liabilities, costs, and expenses (including reasonable aorneys’ fees) arising out of or
relating to Licensee’s use of the Assets in violation of this Agreement. - Disclaimer of Warranties
The assets are provided “as is” without any warranties, express or implied, including but
not limited to the implied warranties of merchantability, tness for a particular purpose,
and non-infringement. PKGD makes no warranty that the assets will be error-free or
uninterrupted. - Limitation of Liability
In no event shall PKGD be liable for any indirect, incidental, special, consequential, or
punitive damages, including but not limited to loss of prots, data, or use, arising out of
or relating to the use of the assets, even if PKGD has been advised of the possibility of
such damages. PKGD’s total liability under this agreement shall not exceed the amount
paid by licensee (if any) for access to the assets.