Brand Restrictions Sample Clauses

Brand Restrictions. (a) Company shall not enter into any license agreement or acquire any rights in or to any photographs or other assets of Xxxxxx from any party other than Provider for use during the Term, whether for use in connection with the Products or otherwise, without Provider’s prior written approval of the same in each instance, which approval may be granted or withheld in Provider’s sole and absolute discretion. Company shall not, during the Term or at any time thereafter: (i) defame or disparage the Brand Rights (or any portion thereof) or Provider, or Xxxxxx, nor shall Company place the Brand Rights (or any portion thereof), Provider or Xxxxxx in a negative light, whether in connection with this Agreement or otherwise, or (ii) utilize the Brand Rights (or any portion thereof) in association with, nor shall Company associate Xxxxxx with any of the following: (A) any tobacco or products/paraphernalia related thereto (e.g., cigarettes, etc., but specifically excluding cigars); (B) any narcotics or products/paraphernalia related thereto; (C) mortuaries, cemeteries and/or other products or services relating to death; (D) pornography or other “adult only” or sexually explicit activities or services (including video tapes, books, magazines, tapes, pornography, sex toys, condoms, software and online and telephone services and other mediums now in existence or hereafter devised); (E) massage parlors or prostitution, dating or escort agencies or services; (F) weapons; or (G) any products and/or services that denigrate or discriminate against individuals based on race, national origin, gender, religion, disability, ethnicity, sexual orientation, gender identity or age. (b) Company acknowledges and agrees that: (i) any and all use of the Brand Rights and/or any intellectual property rights related to Xxxxxx (e.g. exploitation of a copyrighted photograph of Xxxxxx), whether in connection with the Products or otherwise, requires the consent and authorization of Provider in each instance, (ii) Provider is the only person or entity that can authorize the use of Brand Rights on or in connection with any products or services throughout the world, and (iii) should Company or any third party desire to manufacture, advertise, sell, offer or otherwise exploit any products or services related to Xxxxxx, any and all such acts would be a use of the Brand Rights and would therefore require the prior written consent of Provider in each instance. (c) Provider shall own all right, title and...
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Brand Restrictions. PAPA JOHN’S shall not, during the Term or at any time thereafter: (I) defame or disparage CELEBRITY or the Personality Rights (or any portion thereof), nor shall PAPA JOHN’S place the CELEBRITY or the Personality Rights (or any portion thereof) in a negative light, whether in connection with this Agreement or otherwise, or (ii) utilize the Personality Rights (or any portion thereof) in association with, nor shall PAPA JOHN’S associate CELEBRITY with any of the following: (A) alcohol, drugs (including, without limitation, both prescription and non-prescription) or other supplements; (B) death; (C) pornography or other “adult only” or sexually explicit activities; (D) massage parlors, prostitution or any dating or escort activities; (E) weapons or ammunition; (F) denigration or discrimination against individuals based on race, national origin, gender, religion, disability, ethnicity, sexual orientation, gender identity or age; (G) incontinence; (H) weight loss/gain; (I) medical conditions (including, without limitation, hair loss); or (J) political campaigns or causes.
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Brand Restrictions. (a) Each SIG Party will be responsible for the advertising, marketing, promotion, billing and sales of its MVNO Services. Subject to Section 2.5(b) and except as consented to in writing by NewCo, each SIG Party shall advertise, market, promote or sell its MVNO Service only under a brand (i) owned by the SIG Party or any of its Controlled Affiliates or (ii) licensed by such SIG Party from a third party under a license that gives such SIG Party the right to use such brand; provided that the subscribers acquired by any SIG Party or any of its Controlled Affiliates through the use of any brand described in the foregoing clause (ii) shall be solely such SIG Party’s End Users and such SIG Party shall be solely responsible for maintaining the customer service and billing relationship with such End Users. Notwithstanding the foregoing clause (ii), each SIG Party agrees that it will not utilize any brand (other than any brand owned by Sprint or any of its Controlled Affiliates) associated with [*****] or any brand associated with serious moral turpitude that would reasonably be expected to cause material harm to the reputation or goodwill of NewCo if used to brand such SIG Party’s MVNO Service. (b) If mutually agreed by a SIG Party and NewCo, then that SIG Party may use one or more of NewCo’s brands in connection with its product offerings [*****] Any such use of NewCo’s brands shall be subject to the terms and conditions of a separate license agreement to be mutually agreed between NewCo and such SIG Party prior to the commencement of such use. (c) No SIG Party shall advertise, market or otherwise publicize or promote its MVNO Services in any Market before the earlier of [*****].
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Brand Restrictions. Each SIG Party may market the PCS Service as Private Label Service in compliance with Section 2.3 under any service marks, trademarks, trade names or other indicia or origin owned or controlled by such SIG Party or any of its Affiliates or for which such SIG Party or any of its Affiliates has the right to use in connection therewith except for any brand associated with [*****].
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Brand Restrictions. Customer may market and sell the Bundled Service only under service marks, trademarks, and trade names that are owned, controlled, or licensed by Customer. Customer recognizes Sprint’s ownership of service marks, trademarks, and trade names used in connection with the service and products sold by Sprint and Sprint Affiliates (“Sprint Marks”). Customer will not engage in any activities or commit any acts, directly or indirectly, that contest, dispute, or otherwise impair Sprint’s or Sprint’s Affiliate’s rights in the Sprint Marks. Except as specifically agreed in writing, nothing in the Agreement grants to Customer the right to use any Sprint Mark or any service mark, trademark, or trade name that is confusingly similar to or a colorable imitation of any Sprint Mark, including in any of Customer’s advertisements, and will not incorporate the Sprint Marks into any service mark, trademark, or trade name used or developed by Customer. Upon Sprint’s request, Customer will provide to Sprint any materials using the Sprint Marks for Sprint’s review to determine compliance with this requirement. The limitations of liability contained in the Agreement do not apply to Customer’s violations of this section 1.2. If Customer violates or threatens to violate this section, Sprint may exercise any right or remedy under the Agreement and any other right or remedy that it may have (now or hereafter existing) at law, in equity, or under statute. In the event that Customer violates or threatens to violate this section, it may not raise the defense of an adequate remedy at law.
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Brand Restrictions. Purchaser may market and sell the PCS Services as Private Label Service only under service marks, trademarks, and trade names that are owned by Purchaser, one of its Affiliates, any Person that survives a Change of Control Event concerning Purchaser or one of its Affiliates, or any of its Related Entities (“Brands”). Nothing in this Agreement shall prohibit Purchaser from, and Sprint agrees that Purchaser *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. may engage in, co-branding, offering, marketing or selling the Private Label Service under service marks, trademarks, or trade names that are owned or controlled by IRs, provided that the Brands have the same or greater prominence than the marks, trademarks, or trade names of any such IR with whom Purchaser agrees to co-brand and offer, market, or sell the Private Label Service.
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Brand Restrictions. PAPA JOHN'S must not, during the term of office or at any time thereafter: (I) defame or denigrate CELEBRITY or personality rights (or any part of it), nor papa JOHN'S place the CELEBRITY or personality rights (or any part of it) in a negative light, whether as part of this agreement or otherwise, or (ii) use personality rights (or any part of it) in association with, nor does papa JOHN's associate CELEBRITY with any of the following: (A) alcohol, medications (including, without limitation, both prescription and over-the-counter) or other supplements; B) death; (c) pornography or other adult only or sexually explicit activities; (D) massage parlors, prostitution or any dating or escorting activity; E) weapons or ammunition; (F) denigration or discrimination against persons on the basis of race, national origin, sex, religion, disability, ethnic origin, sexual orientation, identity or age of gender; (G) incontinence; (H) weight loss/gain; (I) medical conditions (including, without limitation, hair loss); or (J) campaigns or political causes. 6. Application of celebrity approval and personality rights. ABG has the exclusive right, at the sole cost and expense of ABG (excluding the fees and external costs of PAPA JOHN's lawyers) and exercisable at ABG's sole discretion, to institute in its own name and to control, with the lawyer of its choice, all claims, lawsuits and/or actions against third parties relating to personality rights, and other property rights in and of the same (claim of infringement), and ABG has the right to receive and retain all amounts awarded, if any, in the form of damages, or other claims. PAPA JOHN'S must help ABG ensure that third parties do not unlawfully infringe on personality rights. PAPA JOHN'S will promptly notify ABG of such violations that PAPA JOHN'S is aware of. PAPA JOHN'S will not take any action or in connection with any infringement claim, other than notifying ABG of the same thing, and cooperating with ABG, in accordance with this section. PAPA JOHN'S herely acknowledges that: (i) ABG and CELEBRITY have no obligation to take action in relation to an infringement claim, and (ii) ABG and CELEBRITY must not incur any liability due to: (A) the omission or refusal of ABG or celebrity to take such action against an infringement claim, or (B) any settlement relating to any infringement claim to which ABG or CELEBRITY 7. No attack. PAPA JOHN'S shall not, during the term of office or at any time thereafter, attack or challenge ...
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Related to Brand Restrictions

  • License and Restrictions (i) Subject to the terms of this Agreement, we hereby grant you a limited, personal, revocable, nonexclusive, nonsublicensable, nonassignable, nontransferable, nonresellable license and right to use the Application for the sole purpose of your use of the Mobile Deposit Service. (ii) You acknowledge and agree that any and all intellectual property rights (the "IP Rights") in the Service and the Application are and shall remain the exclusive property of us. Nothing in this Agreement intends to or shall transfer any IP Rights, or to vest any IP Rights in, to you. You are only entitled to the limited use of the rights granted to you in this Agreement. You will not take any action to jeopardize, limit or interfere with the IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of this Agreement, as well as a violation of applicable intellectual property laws. You acknowledge and understand that all title and rights in and to any third party content that is not contained in the Service and Application, but may be accessed through the Service, is the property of the respective content owners and may be protected by applicable patent, copyright, or other intellectual property laws and treaties. (iii) You agree not to sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Application or Service or any part thereof without our prior written consent. (iv) You agree not to undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Application, the Service, or any part thereof. You agree not intercept, capture, emulate, or redirect the communications protocols used by us for any purpose, including without limitation causing the Service or Application to connect to any computer server or other device not authorized by us. (v) We reserve the right to add or delete features or functions, or to provide programming fixes, updates and upgrades to the Service or Application. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the Application. You also agree that you may have to enter into a renewed version of this Agreement if you want to download, install or use a new version of the Service or Application. (vi) We have no obligation whatsoever to furnish any maintenance and support services with respect to the Service or Application, and any such maintenance and support services provided will be provided at our discretion. (vii) You grant to us a nonexclusive, perpetual, non-revocable, royalty free license to use, retain, and share any information transmitted through the Application by you, including your location, device-based location information, account numbers, name, date, account amount, and endorsements solely for the purpose of providing the Service. This license shall survive termination of this Agreement for such period as necessary for us to provide the Service, comply with the law, or comply with internal guidelines or procedures.

  • Dividend Restrictions No subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

  • Rights and Restrictions The Restricted Share Units shall not be transferable, other than pursuant to will or the laws of descent and distribution. Prior to vesting of the Restricted Share Units and delivery of the Shares to the Employee following his termination of employment, the Employee shall not have any rights or privileges of a shareholder as to the Shares subject to the Award. Specifically, the Employee shall not have the right to receive dividends or the right to vote such Shares prior to vesting of the Award and delivery of the Shares.

  • Limitations and Restrictions Deduction of Rollovers and Transfers – A deduction is not allowed for rollover or transfer contributions.

  • OWNERSHIP RIGHTS AND RESTRICTIONS 3.1 You or Your licensors retain all ownership and intellectual property rights in and to Your Content (as defined below). We or our licensors retain all ownership and intellectual property rights in and to the Services, derivative works thereof, and anything developed or delivered by or on behalf of us under this Agreement. 3.2 You may have access to Third Party Content through use of the Services. Unless otherwise stated in Your order, all ownership and intellectual property rights in and to Third Party Content and the use of such content is governed by separate third party terms between You and the third party. 3.3 You grant us the right to host, use, process, display and transmit Your Content to provide the Services pursuant to and in accordance with this Agreement and Your order. You have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of Your Content, and for obtaining all rights related to Your Content required by Oracle to perform the Services. 3.4 You may not, and may not cause or permit others to: (a) modify, make derivative works of, disassemble, decompile, reverse engineer, reproduce, republish, download, or copy any part of the Services (including data structures or similar materials produced by programs); (b) access or use the Services to build or support, directly or indirectly, products or services competitive to Oracle; or (c) license, sell, transfer, assign, distribute, outsource, permit timesharing or service bureau use of, commercially exploit, or make available the Services to any third party except as permitted by this Agreement or Your order.

  • Prohibitions and Restrictions The provisions of this Agreement shall not in any way limit the right of either Contracting Party to apply prohibitions or restrictions of any kind or take any other action which is directed to the protection of its essential security interests, or to the protection of public health or the prevention of diseases and pests in animals or plants.

  • Ownership and Restrictions 4.1 You retain all ownership and intellectual property rights in and to Your Content and Your Applications. Oracle or its licensors retain all ownership and intellectual property rights to the Services, including Oracle Programs and Ancillary Programs, and derivative works thereof, and to anything developed or delivered by or on behalf of Oracle under this Agreement. 4.2 You may not, and may not cause or permit others to: a) remove or modify any program markings or any notice of Oracle’s or its licensors’ proprietary rights; b) make the programs or materials resulting from the Services (excluding Your Content and Your Applications) available in any manner to any third party for use in the third party’s business operations (unless such access is expressly permitted for the specific Services You have acquired); c) modify, make derivative works of, disassemble, decompile, reverse engineer, reproduce, distribute, republish or download any part of the Services (the foregoing prohibitions include but are not limited to review of data structures or similar materials produced by programs), or access or use the Services in order to build or support, and/or assist a third party in building or supporting, products or Services competitive to Oracle; d) perform or disclose any benchmark or performance tests of the Services, including the Oracle Programs; e) perform or disclose any of the following security testing of the Services Environment or associated infrastructure: network discovery, port and service identification, vulnerability scanning, password cracking, remote access testing, or penetration testing; and f) license, sell, rent, lease, transfer, assign, distribute, host, outsource, permit timesharing or service bureau use, or otherwise commercially exploit or make available the Services, Oracle Programs, Ancillary Programs, Services Environments or Oracle materials to any third party, other than as expressly permitted under the terms of the applicable order.

  • Deed Restrictions The Recipient shall record the Deed Restrictions together with the deed. The Recipient agrees that the Deed Restrictions shall be perpetual and shall not be amended, released, extinguished or otherwise modified without the prior written approval of the Director, at the Director's sole and absolute discretion, who shall have full enforcement authority with respect to the Deed Restrictions. If any amendment, release, extinguishment or other modification of the Deed Restrictions should occur without the prior written approval of the Director, the Recipient or its successors and assigns as owner of the Land or interest therein, shall pay to the OPWC upon demand from the Director the following: 1) all grant funds disbursed under this Agreement; and 2) liquidated damages equal to one hundred percent (100%) of the Funds disbursed by the OPWC for the Project together with interest accruing at a rate equal to six percent (6%) per annum from the date of Recipient's receipt of the grant.

  • License Grant and Restrictions You are granted a personal, limited, non-exclusive, non-transferable license, to electronically access and use the MX Money Management Service (the “Service”) to manage your financial data, and the purchase rewards application (“Debit Rewards Offers”) to benefit from your debit card purchases. In addition to the MX Money Management Service and the Debit Rewards Offers, the terms "Service" and “Debit Rewards Offers” also include any other programs, tools, internet-based services, components and any "updates" (for example, service maintenance, Debit Rewards information, help content, bug fixes, or maintenance releases, etc.) of the Service or Debit Rewards Offers if and when they are made available to you by us or by our third-party vendors. Certain Service and Debit Rewards Offers may be accompanied by, and will be subject to, additional terms and conditions. You are not licensed or permitted to do any of the following and you may not allow any third party to do any of the following: • Access or attempt to access any other systems, programs or data that are not made available for public use • Copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from MX Money Management or from the Debit Rewards Offers program • Permit any third party to benefit from the use or functionality of the Service or Debit Rewards Offers, or any other services provided in connection with them, via a rental, lease, timesharing, service bureau, or other arrangement • Transfer any of the rights granted to you under this license • Work around any technical limitations in the Service, use any tool to enable features or functionalities that are otherwise disabled in the Service, or decompile, disassemble, or otherwise reverse engineer the Service except as otherwise permitted by applicable law • Perform or attempt any actions that would interfere with the proper working of the Service or Debit Rewards Offers or any services provided in connection with them, prevent access to or the use of the Service, Debit Rewards Offers or any or services provided in connection with them by other licensees or customers, or impose an unreasonable or disproportionately large load on the infrastructure • Otherwise use the Service, Debit Rewards Offers or any services provided in connection with them except as expressly allowed under this Section 1. The Service and Debit Rewards Offers are protected by copyright, trade secret and other intellectual property laws. You do not have any rights to the trademarks or service marks.

  • Permitted License Uses and Restrictions A. Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to use the tvOS Software on a single Apple-branded Apple TV. You agree not to install, use or run the tvOS Software on any non-Apple-branded device, or to enable others to do so. Except as permitted in Section 2B below, and unless as provided in a separate agreement between you and Apple, this License does not allow the tvOS Software to exist on more than one Apple-branded Apple TV at a time, and you may not distribute or make the tvOS Software available over a network where it could be used by multiple devices at the same time. This License does not grant you any rights to use Apple proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party software applications, for use with the Apple TV. Some of those rights are available under separate licenses from Apple. For more information on developing software applications or third party devices and accessories for Apple TV, please visit https:// xxxxxxxxx.xxxxx.xxx/. B. Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to download tvOS Software Updates that may be made available by Apple for your model of Apple TV to update or restore the software on any such Apple TV that you own or control. This License does not allow you to update or restore any Apple TV that you do not control or own, and you may not distribute or make the tvOS Software Updates available over a network where they could be used by multiple devices or multiple computers at the same time. C. You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the tvOS Software or any services provided by the tvOS Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of open-source components that may be included with the tvOS Software). D. The tvOS Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. Title and intellectual property rights in and to any content displayed by, stored on or accessed through your Apple TV belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. Except as otherwise provided herein, this License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you. E. You agree to use the tvOS Software and the Services (as defined in Section 5 below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the tvOS Software and Services. Features of the tvOS Software and the Services may not be available in all languages or regions and some features may vary by region. F. Use of the App Store requires a unique user name and password combination, known as an Apple ID. An Apple ID is also required to access app updates and certain features of the tvOS Software and Services. You acknowledge that some features and Services of the tvOS Software transmit data and could impact charges to your internet data plan, and that you are responsible for any such charges. The quality of the display of streaming movies or other content can vary from device to device and can be affected by a variety of factors, such as your location, TV display, content provider, and available bandwidth or speed of your Internet connection. G. The tvOS Software will periodically check with Apple for updates to the tvOS Software, Aerial screensaver and apps installed on your Apple TV. If an update is available, the update will automatically download and install onto your Apple TV. By using the tvOS Software, you agree that Apple may download and install such automatic updates onto your Apple TV. You can turn off automatic updates to the tvOS Software, Aerial screensaver and apps at any time from within Settings.

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