Intellectual Property and Trademarks. (i) End User acknowledges and agrees that it does not acquire any intellectual property or other proprietary rights, including patents, copyrights, trademarks, industrial, designs, moral, trade secret or confidential information in or relating to: (a) Sandvine and Affiliates, or their suppliers and licensors, (b) Software, Documentation, or any part thereof, including any Software or Documentation embedded or pre-installed on any Device, (c) any translation or other derivative works relating to Software, Documentation,, or any part thereof, or (d) any logos, trademarks, trade names of Sandvine or Affiliates, or their suppliers and licensors (“Intellectual Property Rights”).
(ii) All Intellectual Property Rights belong exclusively to Sandvine and Affiliates, or their suppliers and licensors. End User agrees that it shall not refute or otherwise challenge the ownership of such Intellectual Property Rights. All comments, ideas, changes or other feedback provided by End User to Sandvine regarding the Products or Intellectual Property Rights shall be owned by Sandvine and its Affiliates, or their suppliers and licensors. All rights, title and interest not expressly granted herein are reserved by Xxxxxxxx and Affiliates and their suppliers and licensors.
(iii) End User grants Sandvine and Affiliates, and their applicable suppliers and licensors, a worldwide, perpetual, irrevocable, sub-licensable, transferable, royalty-free and non- exclusive license to use, distribute, reproduce, modify, adapt and perform End User content solely for the purpose of performing this Agreement and End User warrants and covenants that it has the right to grant such a license.
(iv) Sandvine may obtain Retained Data from Products, such as in the scenarios described in Section 5(xvi). This Retained Data will be deemed to be owned by Sandvine and Sandvine shall have unrestricted title, rights, and interest to the Retained Data, which may include, without limitation, rights to use, distribute, transmit, transfer, share, and assign the Retained Data, and to incorporate or use them, or any functionality or features developed using them, in Sandvine’s commercialization of its Products and services at any time.
Intellectual Property and Trademarks. Except for the Acquired Intellectual Property, all Intellectual Property and Trademarks of Seller or its Affiliates (including any Excluded Marks) and any Third Party Intellectual Property, Software and any rights or licenses in the foregoing.
Intellectual Property and Trademarks. 5.1 Neither party grants or transfers to the other any rights to any inventions, discoveries, data, customer lists, customer pricing, other copyrightable materials, patents, trademarks, service marks, copyrights, or any other proprietary rights except as expressly set forth in this Agreement or in a Purchase Order.
5.2 Supplier hereby authorizes Distributor for the use of the "DALRADA CLIMATE TECHNOLOGY" trademark with the only purpose of developing his rights and comply with his obligations under this MOU and undertakes not to authorize or misrepresent to any third party any authorization within the Contractual Territory. Distributor shall be also authorized to indicate that it is an "Authorized Distributor" or "Authorized Exclusive Distributor". Nothing herein shall grant to Distributor any right, title or interest in the Trademark (or any trademark associated with or property of the Supplier or any of its affiliates), except as specifically set forth herein.
5.3 Furthermore, the Distributor undertakes not to apply for any rights or register any nouns, trademarks or signs equal or similar to those property of the Supplier either in the Contractual Territory or outside it.
5.4 Distributor shall inform the Supplier of any act of unfair competition or breach of intellectual or industrial property rights that he may be aware of. The Supplier undertakes to defend his rights appropriately, filing a judicial claim if necessary.
5.4 The Supplier may authorize the Distributor to draft, design or print as many manuals, packaging of marketing or promotional means when it is deemed necessary, always with supervision and written approval from the Supplier, and as long as the trademark "DALRADA CLIMATE TECHNOLOGY" is clearly visible. The Distributor agrees that it must submit any and all out going media pieces including but not limited to advertisements, print ads, websites, or show media materials (handouts).
5.5 Distributor shall not remove, alter, deface or otherwise obscure any trademark or trade name appearing on any Product or documentation without the express written permission of the Supplier.
5.6 The Distributor shall be responsible for all the activities that may entail non authorized use or exploitation of the trademark.
5.7 Distributor shall also be responsible for any non-authorized use of his Distributor's condition, or unfair use of third party's commercial reputation.
Intellectual Property and Trademarks. Each Party grants its permission for the other Party to use its name in any Promotional Material, subject to approval in writing. All Intellectual Property in documentation or materials produced or supplied by the Recipient or ENSA shall remain the property of ENSA and may only be used with written confirmation by an authorised staff member of ENSA. All Intellectual Property in documentation or materials produced or supplied by the Sponsor shall remain the property of the Sponsor as appropriate, unless otherwise agreed. Neither Party may use such marks or any business names, styles or logo of any affiliated third party, without the prior written consent of said third party.
Intellectual Property and Trademarks. Nothing in this Agreement shall grant or convey to either Party any rights or license under any present or future Intellectual Property or Trademarks disclosed or arising pursuant to this Agreement.
Intellectual Property and Trademarks. (a) Except as set forth in Schedule 5.18, Seller has not received any written notice that it has infringed any rights with respect to the Intellectual Property or Trademarks of any Third Party as a result of Seller’s conduct of the Business.
(b) Seller owns or otherwise possesses all rights necessary to transfer all its rights in and to the Acquired Intellectual Property. The Acquired Intellectual Property, the Licensed Intellectual Property, the Third Party Intellectual Property and the Excluded Marks are all of the Intellectual Property used by Seller to conduct the Business.
(c) To Seller’s Knowledge, no Person is misappropriating, violating or infringing upon, or since July 15, 2001, has violated or infringed upon, any of the Acquired Intellectual Property not owned by a Third Party.
(d) Seller has one or more privacy policies governing the collection and use of information by Seller and its Affiliates, including Customer Proprietary Information. To Seller’s Knowledge, Seller has not collected or used any such information, including any Customer Proprietary Information, in any manner in violation of any such privacy policies.
Intellectual Property and Trademarks. (a) Seller has not received any written notice that it has infringed any rights with respect to the Intellectual Property or Trademarks of any Third Party as a result of Seller’s conduct of the Business.
(b) Seller owns or otherwise possesses all rights necessary to transfer all its rights in and to the Acquired Intellectual Property. The Acquired Intellectual Property, the Third Party Intellectual Property and the Excluded Marks are all of the Intellectual Property used by Seller to conduct the Business.
(c) To Seller’s Knowledge, no Person is misappropriating, violating or infringing upon, or has violated or infringed upon, any of the Acquired Intellectual Property not owned by a Third Party.
(d) Seller has one or more privacy policies governing the collection and use of information by Seller and its Affiliates, including Customer Proprietary Information. To Seller’s Knowledge, Seller has not collected or used any such information, including any Customer Proprietary Information, in any manner in violation of any such privacy policies.
Intellectual Property and Trademarks. The Licensor retains all intellectual property rights in any trademark, logo or other proprietary information provided on the website and/ or in other published materials and where so published on the website or in another format they may not be used in connection with any product, service or information that is not the Licensor’s. The Licensee warrants that they will not do anything or cause anything to be done that is likely to cause confusion among customers or in any manner disparage or discredit the Licensor.
Intellectual Property and Trademarks. 10.1. Each Party shall own all intellectual property rights in respect of their respective web sites and other services, including any literature, manuals, reports, research papers, data, flow charts, drawings, designs, diagrams, tables, software, source code or object code or other information or materials in whatever form and on whatever media stored or held, acquired, created, developed, designed or otherwise prepared by the respective Party and any related patents, trademarks, logos and service marks, registered designs, utility models or applications for any of the foregoing. Design rights, copyrights and all or any similar or equivalent rights arising or subsisting in any country in the world shall be owned by such Party and all or any part thereof shall belong to such Party absolutely.
10.2. Except as expressly set out in this Agreement no assignment of or license under any Intellectual Property Right or Trade Xxxx or Service Xxxx, whether registered or not, owned or controlled by a Party is granted to the other by this Agreement.
10.3. No Party may, under any circumstances, seek to register any trademark, business name, business processes, inventions, company name, domain name using or incorporating the Intellectual Property of the other Party and each Party acknowledges that upon expiry or termination of this agreement, it shall have no right whatsoever in connection with the Intellectual Property of the other Party.
10.4. Entity may, at its sole discretion, market, promote, advertise, and inform the Customers and general public of the payment collection services provided herein. Any such activity shall prominently display a statement/logo/image provided by One97.
10.5. This Clause shall survive the termination or expiry of this Agreement.
Intellectual Property and Trademarks. 38.1. Where any Intellectual Property is required to be used in connection with the delivery of the Services, the Employer acknowledges that it shall have no right to use the same except to the extent necessary for the delivery of the Services and subject to such consents and restrictions as may be specified by the College.
38.2. The Employer agrees not to infringe any Intellectual Property made available pursuant to this Agreement.
38.3. The Employer warrants that the delivery of the Services and the Tuition and all works carried out under this Agreement does not and will not, in whole or in part, infringe any third party’s intellectual property rights. The Employer agrees to indemnify the College against any and all claims, demands, proceedings, expenses and losses, including any of a consequential nature, arising directly or indirectly out of any act of the foregoing in relation to any works, where such an act is, or is alleged to be, an infringement of a third party’s copyright or other intellectual property right. This warranty and indemnity shall survive the termination of this Agreement and shall exist for the life of the copyright or other intellectual property right.
38.4. In order to obtain the necessary authority to use any Trademarks, the Employer undertakes that it will enter into a formal trade mark licence or other necessary agreements if it is asked to do so by the College.
38.5. The Employer will not use the Intellectual Property or anything confusingly similar to any part of it for anything other than the promotion of the Tuition in accordance with this Agreement.
38.6. The Employer will immediately notify the College if, during the term of this Agreement or any renewal of it, it becomes aware of any breach of the Intellectual Property or other intellectual property rights made available to it or of the unauthorised disclosure of any Know-How.
38.7. During the term of this Agreement, the Employer must use the name of the College, and any other name, mark, device or logo identifying or associated with the College which the College may from time to time specify, on:
38.7.1. any advertisements or prospectuses relating to the provision of the Tuition; and
38.7.2. all Tuition materials.
