Special Download Request

These terms govern your use of Atkore International, Inc. or its affiliates (collectively “ATKORE”) Downloaded Files and Logo Files (defined below) accessed through any ATKORE new product portal.

1. DOWNLOADED FILES and LOGO FILES. “Downloaded Files” means any digital video, audio files or logo files provided by ATKORE protected by intellectual property laws, including by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity).
2. ATKORE, the owner and licensor of the Downloaded Files, grants to you, the revocable, non-exclusive, nontransferable, non-sublicenseable, royalty-free, limited right, and license to use the Downloaded Files in connection with the advertising and promotion of its business services. You acknowledge that nothing herein shall give you any right, title, or interest in the Downloaded Files other than the limited license rights granted herein.  This grant shall not include the right to sublicense or assign the Downloaded Files.
3. You agree that you must identify the Downloaded Files as property of ATKORE with each usage, in a manner specified by ATKORE, and must exercise care in the use of the Downloaded Files so as not to indicate to the public that you are a division or an affiliate of ATKORE or otherwise related to ATKORE or that your products and/or services are produced or manufactured by ATKORE (except for ATKORE’s products that are purchased by you for resale or distribution). You agree that ATKORE shall have final review, approval and control of the form and manner of use of the Downloaded Files by you, and you shall remedy any deficiencies in its use of the Downloaded Files upon reasonable notice from ATKORE.  You agree that you must at all times comply with ATKORE’s trademark use company policies, if applicable. You understand that your usage of the Downloaded Files including goodwill and any additional value achieved by such usage shall inure to the benefit of ATKORE.
4. You may use the Downloaded Files but you agree to not modify, alter, or to produce any derivative works of the Downloaded Files. You must not claim any intellectual property right, including but not limited to copyrights and trademarks, in the Downloaded Files or derivative works of the Downloaded Files.
5. Download Use: You may download the Downloaded Files, specifically video, only for use within your business branch location(s) or at a trade show without WIFI access.
6. YouTube Use: If you want to feature the Downloaded Files, specifically video, on your YouTube account or channel you may only do so by adding Atkore’s current YouTube videos to a playlist you create. You may not upload the Downloaded Files to YouTube or any other video hosting website. You may embed the video on your website using YouTube embed code.
7. You agree not to use the Downloaded Files in any manner which will knowingly harm the goodwill and public perception of high quality associated with the trademarks contained within the Downloaded Files, if applicable, and shall not do anything that is inconsistent with or impairs the validity of the Downloaded Files or is inconsistent with or impairs ATKORE’s ownership of the Downloaded File. You may not adopt, use, or register as your own trademark any word(s) or design(s) confusingly similar to the trademarks contained within the Downloaded Files, to the extent you license ATKORE’s logo, trademark or similar item.
8. ATKORE shall have the right to terminate this License, with or without cause, upon five (5) days’ prior written notice to you. Upon such termination or expiration, you must immediately cease and desist from all use of the Downloaded Files as of the date of the termination, or within such period of time upon which the parties mutually agree.  These Terms of Use and your right to use the Downloaded Files, will automatically terminate upon termination of any reseller, distributor or similar agreement between ATKORE and you, or at such time you no longer purchase ATKORE’s products for resale or distribution. Upon termination, you must delete all downloaded copies of the Downloaded Files.
9. Each party agrees to notify the other in writing of any infringements or imitations by third parties of the Downloaded Files of which it becomes aware. You agree to assist ATKORE, at ATKORE’s expense, in enforcement of any rights of ATKORE related to any infringement or imitation of the Downloaded Files.  ATKORE shall have the sole right to determine whether or not any action shall be taken on account of any such infringement or imitation and ATKORE shall have the sole right to employ counsel of its choosing and to direct the handling of the litigation and any settlement thereof.
10. You agree to indemnify ATKORE and to save it harmless against all actions, claims, costs, damages or expenses (including attorney fees and court costs) in any action or proceeding between you and ATKORE, which may be brought or made against or incurred by ATKORE as a result of or in any way connected with your use of the Downloaded Files.
11. This License shall not be assignable by you without the prior written consent of ATKORE, which consent may be withheld for any reason.
12. UNDER NO CIRCUMSTANCES shall ATKORE be liable to YOU or to any third party for any direct, indirect, consequential, multiple, punitive or incidental damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use of or inability to use the downloaded FILES, even if ATKORE has been advised of the possibility THEREOF.
13. Choice of Law: These terms of use are goverend by and construed in accordance of the state of illinois without regard to its Conflict of laws rules.

BY CHECKING THIS BOX, PROVIDING YOUR ELECTRONIC SIGNATURE, AND SUBMITTING THIS FORM, YOU AGREE THAT THE ABOVE TERMS AND CONDITIONS ARE ACCEPTABLE TO YOU