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LEGAL NOTES GOVERNING OPEN ADOPTION ON FLEECED®-ON SYSTEM

These Legal Notes define the meaning, scope, boundaries and prohibitions applicable to the Open Adoption of the Fleeced®-On System.

 

The Fleeced®-On System should not be adopted or used under the Open Adoption concept without first reading and understanding these Legal Notes.

1. MEANING OF OPEN ADOPTION

Open Adoption means that the Fleeced®-On assembly architecture is made accessible for users to independently study, assess, test, practise, explore, adopt and progressively develop their own practical mastery.

 

Open Adoption provides access to the architecture for independent adoption.

 

It does not transfer project responsibility, professional judgment, intellectual-property ownership, representative authority or responsibility for an adopter's application or project decisions.

2. INDEPENDENT ADOPTION

Every adopter acts independently.

 

Users remain responsible for their own study, testing, trials, assessment, observation, understanding, application decisions, suitability determination, workmanship, modification, improvisation, and adoption.

 

Access to the architecture, bundle packaging, General Assembly References, published information, demonstrations or communications does not transfer these responsibilities to us.

 

Different projects, substrates, workmanship, environments, and site conditions may involve different variables. Users are responsible for developing their own understanding and realistic expectations corresponding with their particular adoption.

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OPEN ADOPTION MEANS INDEPENDENT ADOPTION.

3. NO DESIGN OR SPECIFICATION

Open Adoption does not include or constitute our participation in any user's project-specific design, specification, specification approval, system selection or suitability determination.

 

Any specification, Bill of Quantities, method statement, tender requirement, layering arrangement, consumption, detailing, adaptation, modification, improvisation or other project-specific decision prepared, selected or implemented by any user or third party remains that party's own work, decision and responsibility.

 

The availability or supply of the system, General Assembly References or other information does not itself constitute our participation in, approval of or endorsement of any project-specific design, specification or application.

4. NO UNDERTAKING, NO ASSUMPTIONS

Open Adoption does not create any undertaking, assurance, approval, representation, responsibility or obligation on our part concerning an adopter's project, specification, application or outcome.

 

No such undertaking, responsibility or approval shall be assumed, inferred or implied merely from:

  • Access to, purchase or supply of the system;

  • Availability of the assembly architecture;

  • General Assembly References;

  • Published product or technical information;

  • Demonstrations or application references;

  • Historical applications or observations;

  • Discussions or communications;

  • Or a user's decision to adopt, interpret or rely upon available information.

 

No silence, absence of objection, discussion or communication shall by itself constitute our acceptance, approval, endorsement, assumption of responsibility or undertaking in relation to a user's independent project decision or representation.

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NO UNDERTAKING SHALL BE ASSUMED FROM OPEN ADOPTION.

5. NO WARRANTY OR GUARANTEE OR PERFORMANCE PROMISE

Open Adoption does not constitute or create any voluntary project warranty, guarantee, assurance, performance undertaking or promise of project outcome by us.

 

Fleeced®-On Open Adoption does not promise any universal quantifiable or measurable performance metric, guaranteed service life, durability period, performance threshold or project outcome.

 

No user or third party has authority, by reason of Open Adoption, to create, issue or represent any warranty, guarantee, assurance, measurable performance or other obligation in our name or on our behalf.

 

Nor may any such performance obligation be represented as associated with, supported by or derived from Fleeced®-On where no such representation has been made by us.

 

Any independent warranty, guarantee, specification, performance representation or contractual commitment made by a user or third party remains solely attributable to and the responsibility of the party making it.

 

Nothing in these Legal Notes excludes any obligation that cannot lawfully be excluded under applicable law.

6. NO CERTIFICATION, APPOINTMENT, AGENCY OR REPRESENTATIVE STATUS

Open Adoption does not establish or imply any certification, accreditation, appointment, authorisation, agency, partnership, affiliation, endorsement or representative relationship.

 

Users may truthfully state that they use, apply or adopt the Fleeced®-On System.

 

Such adoption does not entitle any person to represent itself as an:

 

“Approved Applicator” • “Certified Applicator” • “Official Installer” • “Authorised Applicator” • “Certified Partner” • “Official Fleeced®-On Contractor” • Agent • Representative

 

or use any similar description suggesting an official status, appointment, endorsement or authority that does not exist.

7. MODIFICATION REMAINS INDEPENDENT

Open Adoption allows users to independently explore, adapt, modify or improvise their application according to their own assessment and practical experience.

 

Any user-created modification of layering, sequence, dilution, mixing, consumption, thickness, materials, intervals, curing, detailing, application method or other application parameter remains the user's own decision and responsibility.

 

Such modification or independently developed arrangement must not be represented as an:

 

“Official Fleeced®-On Specification” • “Approved Fleeced®-On Design” • “Factory-Approved Specification” • “Officially Tested Modification”

 

or by any equivalent description suggesting that we designed, tested, specified, recommended or approved that particular modification where we did not.

 

USER-CREATED MODIFICATIONS REMAIN USER-CREATED MODIFICATIONS.

8. NO SELECTIVE RELIANCE OR RECHARACTERISATION

Published information, General Assembly References, demonstrations, observations, communications, historical applications or other materials must not be selectively extracted, altered, combined, reproduced or recharacterised to create an untrue or misleading representation of our involvement.

 

In particular, general information must not be presented as our project-specific design, specification, suitability determination, approval, certification, warranty, guarantee, assurance, representation or undertaking where none was provided.

 

A user's independent decision to adopt, interpret or rely upon available information does not transform that information into a project-specific representation or undertaking by us.

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SELECTIVE RELIANCE DOES NOT CREATE A REPRESENTATION BY US.

9. THIRD-PARTY REFERENCES REMAIN THIRD-PARTY REPRESENTATIONS

Any reference to Fleeced®-On made by any user, contractor, applicator, distributor, dealer, consultant, main contractor, project owner or other third party is made on that party's own responsibility.

 

Any reference to, naming, specification, purchase, adoption or use of Fleeced®-On within a tender, Bill of Quantities, specification, quotation, proposal, method statement, contract, presentation, advertisement, website, social media content, warranty or other commercial or project representation does not constitute our participation in, approval of, endorsement of or responsibility for that representation or project.

 

Any project-specific statement, specification, warranty, guarantee, representation, promise or commitment independently made by a third party remains solely attributable to and the responsibility of the party making it.

10. PROHIBITION AGAINST REBRANDING, ASSOCIATION & PERFORMANCE ATTRIBUTION

Open Adoption does not permit any user or third party to acquire all, substantially all, identical or similar components used within the Fleeced®-On System and thereafter rename, rebrand, relabel or commercially present another system in a manner that:

  • Claims or implies an association, connection, derivation or equivalence with Fleeced®-On;

  • Uses Fleeced®-On to support, establish or imply the performance, quality, capability or credibility of the renamed system;

  • Attributes Fleeced®-On development, architecture, experience, characteristics or representations to another system identity;

  • Creates or represents any warranty, guarantee, measurable performance, service life, performance obligation or outcome as associated with, supported by or derived from Fleeced®-On;

  • Or otherwise uses the Fleeced®-On name, architecture, information, intellectual property or reputation to commercially support another system identity.

 

Any independently renamed, rebranded or commercially presented system remains that third party's own system, representations, commitments and obligations.

 

Acquisition of components through Open Adoption does not create authority to associate another system with Fleeced®-On or to attribute Fleeced®-On representations to that system.

 

REBRANDING DOES NOT CREATE ASSOCIATION, EQUIVALENCE OR PERFORMANCE ATTRIBUTION.

11. INTELLECTUAL PROPERTY, BRAND RIGHT & NO IMPLIED LICENCE

OPEN ADOPTION ≠ OPEN INFRINGEMENT.

 

Open Adoption does not, merely by reason of access, purchase, supply, possession or adoption, constitute or imply any:

 

licence • assignment • transfer • consent • authority to use • approval to use • right to reproduce • right to sublicense • endorsement • certification • appointment • agency • partnership • affiliation • distributorship • representative authority • waiver • abandonment • surrender of rights

 

in relation to Fleeced®-On intellectual property, trademarks, proprietary architecture, branding or proprietary materials.

 

All applicable rights relating to the Fleeced® trademark, proprietary assembly architecture, system identity, names, logos, branding, documentation, diagrams, publications, commercial materials and other protected intellectual property remain reserved by their respective owner.

 

A user may truthfully identify the Fleeced®-On System to the extent reasonably necessary to describe the system genuinely purchased, used or adopted. Such factual identification does not create any broader right to claim ownership, licence, authorisation, approval, affiliation, endorsement or representative authority.

 

No person may use Fleeced®-On intellectual property or branding to create a false or misleading association, attribution, equivalence, endorsement, affiliation or commercial connection.

 

Depending upon the circumstances, prohibited conduct may give rise to rights or remedies available under applicable law, including those relating to trademark infringement, passing off, copyright infringement, misrepresentation or other applicable causes of action.

12. PROHIBITED CONDUCT

Without limiting the foregoing principles, Open Adoption must not be used as a basis to:

  • Falsely claim approved, certified, authorised or official status;

  • Speak for, represent or bind us;

  • Create a warranty, guarantee, assurance or undertaking in our name;

  • Attribute a user's project specification, design or suitability determination to us;

  • Represent a user-created modification as an official Fleeced®-On specification or approval;

  • Selectively rely upon or recharacterise our information to create an untrue representation;

  • Acquire components, rename or rebrand another system and falsely associate its performance, warranty, guarantee or obligations with Fleeced®-On;

  • Falsely claim association, affiliation, endorsement, equivalence or representative authority;

  • Use Fleeced®-On to establish unsupported performance attributes or obligations for another system; or

  • Infringe, appropriate, misuse or misrepresent Fleeced®-On intellectual property, branding or proprietary materials.

 

OPEN ADOPTION IS ACCESS FOR INDEPENDENT ADOPTION — NOT AUTHORITY TO REPRESENT, REBRAND OR CREATE OBLIGATIONS IN OUR NAME.

13. ENFORCEMENT, LOSSES & INDEMNITY

Any misuse of Open Adoption involving misrepresentation, false association, unauthorised representation, false attribution, unauthorised warranty or guarantee, improper rebranding, intellectual-property infringement, brand misuse or other prohibited conduct may result in enforcement of all rights and remedies available under applicable law.

 

Where appropriate, we may require the offending conduct or representation to be ceased, corrected, withdrawn or removed, issue a Cease & Desist or other legal notice, and communicate with relevant clients, developers, consultants, project owners, platforms or other affected parties where reasonably necessary to protect our rights or correct a false or misleading representation.

 

To the extent permitted by applicable law, we reserve the right to claim and recover losses, damages, costs and expenses, including reasonable legal and enforcement costs where recoverable, arising from such conduct.

 

Any user or third party responsible for unauthorised representation, false association, warranty, guarantee, commitment, infringement, rebranding or other prohibited conduct shall, to the extent permitted by applicable law, indemnify and keep indemnified the relevant Fleeced®-On rights owner and affected company, together with their directors, officers, employees and representatives, against third-party claims, proceedings, liabilities, losses, damages, costs and reasonable legal expenses arising from or relating to that party's conduct.

 

Nothing in this provision limits any other right, claim, remedy or relief available under applicable law.

THE LEGAL BOUNDARY OF OPEN ADOPTION

ACCESS ≠ APPROVAL

INFORMATION ≠ SPECIFICATION

ADOPTION ≠ REPRESENTATIVE AUTHORITY

REBRANDING ≠ ASSOCIATION OR PERFORMANCE ATTRIBUTION

OPEN ADOPTION ≠ WARRANTY OR GUARANTEE

OPEN ADOPTION ≠ OPEN INFRINGEMENT

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Open Adoption provides access to the architecture.

It does not transfer authority to represent us, create obligations in our name, or commercially appropriate the Fleeced®-On identity.

© 2023 by Fleeced® On System. All rights reserved.

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