Elastic Trademarks. During the term of this Agreement, OEM may use the Elastic Trademarks solely to identify the Commercial Software, identify itself as an authorized distributor of the Commercial Software and a distributor of the Community Software, and promote the distribution of the Commercial Software as part of Bundled Products. OEM shall ensure that its use of the Elastic Trademarks conforms to Elastic’s then-current trademark use policies, as the same may be modified by Elastic from time to time, and which may be found at xxxxx://xxx.xxxxxxx.xx/legal/trademarks. OEM shall not remove, delete or in any manner alter the Elastic Trademarks or other intellectual property rights notices of Elastic and Elastic’s suppliers, if any, appearing on the Commercial Software as delivered to OEM. OEM shall cooperate fully with Elastic in the defense and protection of the Elastic Trademarks, and shall promptly advise Elastic if it becomes aware of the use of any xxxx infringing any of the Elastic Trademarks. All advertising, and all promotional and marketing materials where an Elastic Trademark is used shall be of at least the same quality as similar advertising, marketing or promotional materials provided or used by Elastic. Upon Elastic’s request OEM’s advertising, marketing or promotional materials in which an Elastic Trademark is used shall be submitted to Elastic for its prior written approval, which shall not be unreasonably withheld. All uses of the Elastic Trademarks will inure solely to the benefit of Elastic and OEM shall obtain no rights with respect to any of the Elastic Trademarks, other than the right set forth herein. OEM irrevocably assigns to Elastic all such right, title and interest, if any, in any of the Elastic Trademarks. At no time during or after the term of this Agreement shall OEM challenge or assist others to challenge the Elastic Trademarks or the registration thereof or attempt to register any trademarks, services marks, trade names or service names confusingly similar to the of Elastic Trademarks.
Appears in 4 contracts
Samples: Oem License and Support Agreement, Oem License and Support Agreement, Oem License and Support Agreement
Elastic Trademarks. During the term of this AgreementAgreement Term, OEM MSP may use the Elastic Trademarks solely to identify the Commercial SoftwareCloud Service, identify itself as an authorized distributor and to promote the availability of the Commercial Software and a distributor of the Community Software, and promote the distribution of the Commercial Software Cloud Service as part of Bundled Productsthe Managed Services Offering. OEM MSP shall ensure that its use of the Elastic Trademarks conforms to Elastic’s then-current trademark use policies, as the same may be modified by Elastic from time to time, and which may be found at xxxxx://xxx.xxxxxxx.xx/legal/trademarks. OEM MSP shall not remove, delete or in any manner alter the Elastic Trademarks or other intellectual property rights notices of Elastic and or Elastic’s suppliers, if any, appearing on the Commercial Software Cloud Service as delivered to OEMMSP. OEM MSP shall cooperate fully with Elastic in the defense and protection of the Elastic Trademarks, and shall promptly advise Elastic if it becomes aware of the use of any xxxx infringing any of the Elastic Trademarks. All advertising, and all promotional and marketing materials where an Elastic Trademark is used shall be of at least the same quality as similar advertising, marketing or promotional materials provided or used by Elastic. Upon Elastic’s request OEMMSP’s advertising, marketing or promotional materials in which an Elastic Trademark is used shall be submitted to Elastic for its prior written approval, which shall not be unreasonably withheld. All uses of the Elastic Trademarks will inure solely to the benefit of Elastic Elastic, and OEM MSP shall obtain no rights with respect to any of the Elastic Trademarks, other than the right limited rights set forth hereinin this Section 2.5. OEM MSP irrevocably assigns to Elastic all such right, title and interest, if any, in any of the Elastic Trademarks. At no time during or after the term of this Agreement shall OEM MSP challenge or assist others to challenge the Elastic Trademarks or the registration thereof or attempt to register any trademarks, services marks, trade names or service names confusingly similar to the of Elastic Trademarks. Upon termination of this Agreement, MSP shall immediately cease to use all of the Elastic Trademarks.
Appears in 3 contracts
Samples: Elastic Cloud MSP Agreement, Elastic Cloud MSP Agreement, Elastic Cloud MSP Agreement
Elastic Trademarks. During the term of this Agreement, OEM MSP may use the Elastic Trademarks solely to identify the Commercial Software, identify itself as an authorized distributor of the Commercial Software and a distributor of the Community Software, and to promote the distribution availability of the Commercial Software as part of Bundled Productsthe Managed Services Offering. OEM MSP shall ensure that its use of the Elastic Trademarks conforms to Elastic’s then-current trademark use policies, as the same may be modified by Elastic from time to time, and which may be found at xxxxx://xxx.xxxxxxx.xx/legal/trademarks. OEM MSP shall not remove, delete or in any manner alter the Elastic Trademarks or other intellectual property rights notices of Elastic and or Elastic’s suppliers, if any, appearing on the Commercial Software as delivered to OEMMSP. OEM MSP shall cooperate fully with Elastic in the defense and protection of the Elastic Trademarks, and shall promptly advise Elastic if it becomes aware of the use of any xxxx infringing any of the Elastic Trademarks. All advertising, and all promotional and marketing materials where an Elastic Trademark is used shall be of at least the same quality as similar advertising, marketing or promotional materials provided or used by Elastic. Upon Elastic’s request OEMMSP’s advertising, marketing or promotional materials in which an Elastic Trademark is used shall be submitted to Elastic for its prior written approval, which shall not be unreasonably withheld. All uses of the Elastic Trademarks will inure solely to the benefit of Elastic Elastic, and OEM MSP shall obtain no rights with respect to any of the Elastic Trademarks, other than the right limited rights set forth hereinin this Section 2.3. OEM MSP irrevocably assigns to Elastic all such right, title and interest, if any, in any of the Elastic Trademarks. At no time during or after the term of this Agreement shall OEM MSP challenge or assist others to challenge the Elastic Trademarks or the registration thereof or attempt to register any trademarks, services marks, trade names or service names confusingly similar to the of Elastic Trademarks. Upon termination of this Agreement, MSP shall immediately cease to use all of the Elastic Trademarks.
Appears in 2 contracts
Samples: MSP License and Support Agreement, Elastic MSP License and Support Agreement
Elastic Trademarks. During the term of this AgreementAgreement Term, OEM MSP may use the Elastic Trademarks solely to identify the Commercial SoftwareCloud Service, identify itself as an authorized distributor and to promote the availability of the Commercial Software and a distributor of the Community Software, and promote the distribution of the Commercial Software Cloud Service as part of Bundled Productsthe Managed Services Offering. OEM MSP shall ensure that its use of the Elastic Trademarks conforms to Elastic’s then-current trademark use policies, as the same may be modified by Elastic from time to time, and which may be found at xxxxx://xxx.xxxxxxx.xx/legal/trademarks. OEM MSP shall not remove, delete or in any manner alter the Elastic Trademarks or other intellectual property rights notices of Elastic and or Elastic’s suppliers, if any, appearing on the Commercial Software Cloud Service as delivered to OEMMSP. OEM MSP shall cooperate fully with Elastic Elastic, at Elastic’s expense, in the defense and protection of the Elastic Trademarks, and shall promptly advise Elastic if it becomes aware of the use by MSP, its Affiliates, or its or their agents or MSP Customers, of any xxxx infringing any of the Elastic Trademarks. All advertising, and all promotional and marketing materials where an Elastic Trademark is used shall be of at least the same quality as similar advertising, marketing or promotional materials provided or used by Elastic. Upon Elastic’s request OEMMSP’s advertising, marketing or promotional materials in which an Elastic Trademark is used shall be submitted to Elastic for its prior written approval, which shall not be unreasonably withheld. All uses of the Elastic Trademarks will inure solely to the benefit of Elastic Elastic, and OEM MSP shall obtain no rights with respect to any of the Elastic Trademarks, other than the right limited rights set forth hereinin this section. OEM MSP irrevocably assigns to Elastic all such right, title and interest, if any, in any of the Elastic Trademarks. At no time during or after the term of this Agreement shall OEM MSP challenge or assist others to challenge the Elastic Trademarks or the registration thereof or attempt to register any trademarks, services marks, trade names or service names confusingly similar to the of Elastic Trademarks. Upon termination of this Agreement, MSP shall immediately cease to use all of the Elastic Trademarks.
Appears in 2 contracts
Samples: Elastic Cloud MSP Agreement, Elastic Cloud MSP Agreement
Elastic Trademarks. During the term of this Agreement, OEM MSP may use the Elastic Trademarks solely to identify the Commercial Software, identify itself as an authorized distributor of the Commercial Software and a distributor of the Community Software, and to promote the distribution availability of the Commercial Software as part of Bundled Productsthe Managed Services Offering. OEM MSP shall ensure that its use of the Elastic Trademarks conforms to Elastic’s then-current trademark use policies, as the same may be modified by Elastic from time to time, and which may be found at xxxxx://xxx.xxxxxxx.xx/legal/trademarks. OEM xxxx://xxx.xxxxxxxxxxxxx.xx/trademarks/. MSP shall not remove, delete or in any manner alter the Elastic Trademarks or other intellectual property rights notices of Elastic and or Elastic’s suppliers, if any, appearing on the Commercial Software as delivered to OEMMSP. OEM MSP shall cooperate fully with Elastic in the defense and protection of the Elastic Trademarks, and shall promptly advise Elastic if it becomes aware of the use of any xxxx infringing any of the Elastic Trademarks. All advertising, and all promotional and marketing materials where an Elastic Trademark is used shall be of at least the same quality as similar advertising, marketing or promotional materials provided or used by Elastic. Upon Elastic’s request OEMMSP’s advertising, marketing or promotional materials in which an Elastic Trademark is used shall be submitted to Elastic for its prior written approval, which shall not be unreasonably withheld. All uses of the Elastic Trademarks will inure solely to the benefit of Elastic Elastic, and OEM MSP shall obtain no rights with respect to any of the Elastic Trademarks, other than the right limited rights set forth hereinin this Section 2.3. OEM MSP irrevocably assigns to Elastic all such right, title and interest, if any, in any of the Elastic Trademarks. At no time during or after the term of this Agreement shall OEM MSP challenge or assist others to challenge the Elastic Trademarks or the registration thereof or attempt to register any trademarks, services marks, trade names or service names confusingly similar to the of Elastic Trademarks. Upon termination of this Agreement, MSP shall immediately cease to use all of the Elastic Trademarks.
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