As a user of the Worldly platform and Higg Index, there are certain trademarks and graphics that are available for use to convey and communicate your Higg Index usage or performance.   The below licenses grant permission to use certain trademarks, as listed below, depending on the Higg Index module used, as well as any graphics used to communicate Higg Index usage, which may be detailed in the HIGG INDEX Communications Guidelines found at https://howtohigg.org/higg-index-communication-guidelines/ and referenced below.

Intellectual Property — Definition and Ownership

While the Higg Index suite of tools is accessible on the Worldly platform, Cascale is the sole owner of the Higg Index suite of tools, and it is also the sole owner of the following trademarks, hereinafter, collectively “Cascale Trademarks”:

Higg Index

Higg FEM

Higg Facility Environmental Index

Higg Product Tools

Higg MSI

Higg PM

Higg FSLM

Higg Facility Social and Labor Module

Higg BRM

Higg Brand and Retail Module

By virtue of the licenses contained herein you are allowed to use the Cascale Trademarks in connection with your use of the Higg Index tools.  You are also allowed to reproduce and use certain copyrighted works that are created or developed by Cascale from time to time (hereinafter sometimes collectively referred to as, “Cascale Copyrighted Works”) to convey and communicate your Higg Index usage or performance, as described in the HIGG INDEX Communication Guidelines.

As a user of any of the Higg Index tools, you hereby acknowledge and agree that Cascale is the owner of the Cascale Trademarks and any Cascale Copyrighted Works.

Nothing in this license will be construed to transfer any rights in any of the Cascale Trademarks or Copyrighted Works to you.  You may not modify, redesign, or alter the shape or structure of the HIGG INDEX logo or any other intellectual property owned by Cascale.

Intellectual Property License Grants:

• Higg Index Logo License Grant to users of all Higg Index Modules or Higg Platform
  By virtue of your use of any of the Higg Index modules, Cascale hereby grants you a non-exclusive, revocable, worldwide, royalty-free, sublicensable (through multiple tiers), and transferable license to 1) use the mark Higg Index and the  Higg Index design to communicate your use of the Higg Index modules, 2)  use the Higg Index Logo in connection with  sharing verified scores, and 3) use the mark Higg Index and the  Higg Index design in connection with communicating your general use and access of the Higg Index modules as authorized in this license or in conformity with the parameters and use cases outlined in the HIGG INDEX Communication Guidelines or any other brand guidelines found on the Cascale website or elsewhere.For the avoidance of doubt, when communicating usage of the Higg Index modules publicly, you may only speak to use of the Higg Index not Higg Index scores and results unless you are using Higg Index verified scores, as set forth in detail in the HIGG INDEX Communication Guidelines.

• Higg FEM License Grant – to users of the Higg FEM Module
  By virtue of your use of the Higg FEM Module, Cascale hereby grants you a non-exclusive, revocable, worldwide, royalty-free, sublicensable (through multiple tiers), and transferable license to share your completion certificates to communicate your use of the Higg FEM Module, share your verification certificate, and to use the Higg FEM mark and/or the mark Higg Facility Environmental Index in connection with communicating your use of the Higg FEM Module, as authorized in this license or in conformity with the parameters and use cases outlined in the HIGG INDEX Communication Guidelines or any other brand guidelines found on the Cascale website or elsewhere.

• Higg FSLM License Grant – to users of the Higg FSLM Module
  By virtue of your use of the Higg FSLM Module, Cascale hereby grants you a non-exclusive, revocable, worldwide, royalty-free, sublicensable (through multiple tiers), and transferable license to communicate your use of the Higg FSLM Module, and to use the Higg FSLM mark and Higg Facility Social and Labor Module in connection with communicating your use of the Higg FSLM Modules and/or scores as authorized in this license or in conformity with the parameters and use cases outlined in the HIGG INDEX Communication Guidelines or any other brand guidelines found on the Cascale website or elsewhere.
  

• Higg BRM License Grant – to users of the Higg BRM Module
  By virtue of your use of the Higg BRM Module, Cascale hereby grants you a non-exclusive, revocable, worldwide, royalty-free, sublicensable (through multiple tiers), and transferable license to share your completion certificate to communicate your use of the Higg BRM Module, and to use the Higg BRM mark Higg Brand and Retail Module in connection with communicating your use and/or scores of the Higg BRM Module and/ or as otherwise authorized in this license or in conformity with the parameters and use cases outlined in the HIGG INDEX Communication Guidelines or in any other or brand guidelines found on the Cascale website or elsewhere.

• Higg MSI License Grant – to users of the Higg MSI Module
  By virtue of your use of the Higg MSI Module, Cascale hereby grants you a non-exclusive, revocable, worldwide, royalty-free, sublicensable (through multiple tiers), and transferable license to communicate your use of the Higg MSI Module and to use the Higg MSI mark in connection communicating your use of the Higg MSI Module, or as otherwise authorized in this license or in conformity with the parameters and use cases outlined in the HIGG INDEX Communication Guidelines or in any other brand guidelines found on the Cascale website or elsewhere.

• Higg PM License Grant – users of the Higg PM Module
  By virtue of your use of the Higg PM Module, Cascale hereby grants you a non-exclusive, revocable, worldwide, royalty-free, sublicensable (through multiple tiers), and transferable license to communicate your use of the Higg PM Module, and to use the Higg PM mark in connection with communicating your use of the Higg PM Module, or as otherwise authorized in this license or in conformity with the parameters and use cases outlined in the HIGG INDEX Communication Guidelines or in any other brand guidelines found on the Cascale website or elsewhere.

Quality Control:

The HIGG INDEX Communications Guidelines outline how you may use each licensed trademark, as well as certain Cascale Copyrighted Works.  It is important to abide by the quality control terms and provisions set forth in the CASCALE Communications Guidelines, as failure to do so may result in termination of your rights to use the licensed mark.   CASCALE may, from time to time, evaluate your use of any of the Cascale Trademarks or Cascale Copyrighted Works licensed to you to ensure compliance with the quality control provisions outlined in the CASCALE Communications Guidelines.

Goodwill:

You hereby acknowledge that any and all goodwill generated by your use of any of the Cascale Trademarks, including, but not limited to, Higg Index, Higg Index Logo, Higg FEM, Higg MSI, Higg PM, Higg FSLM and/or Higg BRM marks, the Cascale Copyrighted Works or any other trademarks and/or graphic that is available for use to convey and communicate your Higg Index usage or performance will inure solely to the benefit of Cascale.

Modifications and Amendments:

Cascale reserves the right to change or modify the quality control terms and provisions set forth in the HIGG INDEX Communication Guidelines or in the aforementioned license grants at its sole discretion at any time.

Term and Termination: 

This license shall continue for as long as you are a user of the Worldly software as a service platform and the Higg Index suite of tools is accessible on that platform, as further outlined in the Worldly Master Terms of Use.

Cascale may terminate this license in the event of a material breach of any provision that is not fully cured within 30 days of notice.   Upon termination of this license, your right to use any of the Cascale Trademarks, Cascale Copyrighted works, or other Cascale licensed intellectual property will automatically terminate.

No Warranty:  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY STATED HEREIN, ANY TRADEMARK, SERVICE MARK, COPYRIGHTED WORK OR OTHER CASCALE INTELLECTUAL PROPERTY LICENSED HEREIN IS “AS IS” AND CASCALE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE TRADEMARK, SERVICE MARK, COPYRIGHT, OR OTHER CASCALE INTELLECTUAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTY AGAINST INFRINGEMENT.

Indemnity:  

To the fullest extent allowed by law, you shall indemnify, defend, and hold harmless Cascale and its affiliates, partners, shareholders, members, managers, directors, officers, employees, subcontractors, agents, advisors, representatives, successors, and assigns (collectively, “Cascale Parties”) for any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including professional fees and attorneys’ fees, that are incurred by or awarded against Cascale Parties, arising out of any third-party claims related to or in connection with: (i) your failure to comply with any of the obligations outlined in this agreement; (ii) deceptive marketing claims or actions related to your use of the Higg Index suite of tools or your  use of the Cascale Trademarks, Cascale Copryighted Works or any other Cascale intellectual property, including any violation(s) of any applicable laws or regulations in any jurisdiction, including, but not limited to, any “green” or “eco-friendly” claims; or (iii) any other act or omission.

Limitation of Liability:

CASCALE PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR ARISING OUT OF OR RELATED TO ANY USE OR EXPLOITATION OF ANY CASCALE TRADEMARK, COPYRIGHTED WORK, SCORE, PRODUCT PROFILE (INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), OR IN CONNECTION WITH MAKING ANY ENVIRONMENTAL CLAIMS IN CONJUNCTION WITH THE HIGG INDEX PRODUCT TOOLS HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT, BREACH OF WARRANTY OR IN TORT, INCLUDING NEGLIGENCE, EVEN IF THAT PARTY HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Governing Law:

These terms and your use of the services shall be construed in accordance with and governed by the laws of the United States and the State of California, except to the extent pre-empted by U.S. federal law, without regard to their rules regarding conflicts of law.  You irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in San Francisco, California, USA for all disputes arising out of or related to this license.