General Conditions

1. General application

These general conditions apply to all services delivered by Compu-Mark nv (‘Thomson CompuMark’). The application of all other terms, including all terms implied by statute and any pre-contractual representations, even those appearing in any previous correspondence, is excluded; the application of any general conditions of the client is also excluded and any such conditions which are inconsistent with these conditions shall be void and of no effect.

2. Undertaking of Thomson CompuMark

Thomson CompuMark’s main activities are the delivery of searches, watches and publications. Thomson CompuMark does not give opinions concerning the use or non-use of the trademarks which are the object of its activities regarding searching, watching and publications. The reports and publications produced by Thomson CompuMark are intended to be consulted and used by trademark specialists. All information provided by Thomson CompuMark is for the exclusive use of the client to whom it is provided. Thomson CompuMark does not accept any obligation towards any third party or generally towards any person who has not accepted these general conditions.

3. Scope and extent of the services delivered by Thomson CompuMark

3.1 The client is presumed to be aware of the notes and information in the reports (or annexed to the reports) and publications which define the scope and extent of the services delivered by Thomson CompuMark.

3.2 In the absence of the specific written agreement of Thomson CompuMark, given prior to carrying out searches or watches, Thomson CompuMark does not carry out searches or watches other than those forming part of its standard services. Before placing an order with Thomson CompuMark, the client is invited to familiarize himself with the documentation provided to him by Thomson CompuMark which describes the services in question.

4. Timescale for provision of services

4.1 Thomson CompuMark undertakes to make all reasonable efforts to respect the deadlines for communication of the results of the searches or watches which appear on the order form or the documentation related to the services.

4.2 Nonetheless, Thomson CompuMark accepts no responsibility in the event that there is failure to communicate or illegible or incomplete communication due to the postal or telecommunications services or to delivery firms entrusted with the delivery of such communication.

4.3 In case of delay in the carrying out of services, the liability of Thomson CompuMark is limited to the difference in price between the chosen and the actual turnaround times.

5. Renewal of watch services

Unless it has been expressly agreed upon to the contrary, any order placed by the client with

Thomson CompuMark for watch services shall be renewed for successive twelve months periods unless the

client informs Thomson CompuMark of his decision not to renew in whole or in part the order at least one month prior to the expiry of the then current period.

Thomson CompuMark shall inform the client that the on-going trademark watch services are up for renewal at least three months prior to the expiry of the current period. That notice shall list the watch services being rendered. If the client has not reacted not later than one month prior to the expiry of the current period, the same services will be deemed to be ordered for an additional twelve month period.

6. Payment

6.1 Invoices are payable within 30 days following the end of the month in which the invoice is made out.

Invoices are payable in the currency of the invoice into the following bank account:

FORTIS Bank, Meir 48, B-2000 Antwerpen

Account number: 220-0020614-86

Swift code: GEBABEBB18A

IBAN-nummer: BE78220002061486

Please clearly mention as a reference on your payment the number(s) of the invoice(s) you are paying.

6.2 In case of failure to pay, all amounts due will bear interest at a rate of 1.5% per month without prior notice, with a minimum of 125 EUR.

6.3 In case of delay in paying an invoice, Thomson CompuMark reserves the right to suspend all services requested by a client.

7. Confidential information/Intellectual property

7.1 The intellectual property rights in the databases, the information they contain, documents and products derived from them, the user documentation and the reports and publications belong exclusively to

Thomson CompuMark.

7.2 The client is bound not to reproduce this data in whole or in part in order to communicate it to a third party to the extent that such communication is not indispensable to the exercise of his activity as a trademark specialist.

7.3 The client is bound in particular not to make more than 10 copies of the reports and publications or to distribute these copies outside his own organisation or, if the client is an intermediary, to give it to anyone other than his own client.

7.4 In any case, the client is bound in particular

a) not to reproduce in quantity the information obtained from Thomson CompuMark;

b) not to copy this information in any form which would enable the complete or partial reconstitution of the databases of Thomson CompuMark;

c) not to request services other than those satisfying his own needs, his needs as a trademark specialist or those of his clients;

d) not to use the information obtained from Thomson CompuMark with a view to rendering services competing with those of Thomson CompuMark;

e) if the client is an intermediary, to impose the obligations contained in this clause on his client. The client undertakes to indemnify Thomson CompuMark for any liability incurred by Thomson CompuMark as a result of the client’s failure to observe this obligation.

8.Liability

8.1 Thomson CompuMark’s databases are compiled with the greatest of care, but are subject to the limitations which affect all documentary compilations. Thomson CompuMark is never, in the context of services generated using its databases or any other information sources, bound by any other obligation than one making all reasonable efforts. Any contractual or tortious liability that Thomson CompuMark might exceptionally incur is in any circumstances limited to five times the price of the services.

8.2 Thomson CompuMark’s services are based on official publications and Thomson CompuMark accepts no liability for the information contained in the official publications.

8.3 As far as third parties are concerned, Thomson CompuMark accepts no liability on any grounds whatsoever, in respect to the information contained in its reports and publications, since errors or omissions are always possible, however much care is taken to avoid them.

8.4 Thomson CompuMark accepts no responsibility for delays or errors caused by force majeure, including but not limited to acts of public authorities, storms, political unrest, social disorder, computer breakdowns or failures and intentional or negligent acts of third parties.

8.5 In any case, Thomson CompuMark accepts no liability for claims brought to its notice more than six months after the communication by Thomson CompuMark to its client of the information which is the subject of dispute.

8.6 The UK database includes current © Crown Copyright material and is made available with the agreement of the

Comptroller-General of Patents, Designs and Trade Marks and with the permission of the Controller of Her Majesty’s Stationery Office.

9. Applicable law

These general conditions and all contracts and orders to which they are applicable are governed by Belgian law.

10. Jurisdiction

In the case of any dispute relating to these general conditions or to any contract or order to which they apply, only the courts of Antwerp (Belgium) have jurisdiction, save the right for Thomson CompuMark to bring the dispute to the courts having jurisdiction over the dispute under the rules normally applicable.