Common use of Intellectual Property and Trademarks Clause in Contracts

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.

Appears in 1 contract

Samples: Memorandum of Understanding (Dalrada Financial Corp)

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Intellectual Property and Trademarks. 5.1 Neither party grants or transfers to the other any rights to in any inventions, discoveries, data, customer lists, customer pricing, other copyrightable copyrighted materials, patents, trademarks, service marks, copyrights, copyrights or any other proprietary rights rights, except as expressly set forth in this Agreement or in a Purchase Order. 5.2 The Supplier hereby authorizes the Distributor for to use the use of the trademark "DALRADA CLIMATE TECHNOLOGY" trademark with for the only sole purpose of developing his its rights and comply complying with his its obligations under this MOU Contract and undertakes not to authorize or misrepresent distort to any third party any authorization within in the Contractual Territorycontractual territory. Distributor shall The distributor must also be also authorized allowed to indicate that it he is an "Authorized Distributor" “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 hereinan “authorized exclusive distributor”. 5.3 FurthermoreIn addition, the Distributor undertakes not to apply for claim any rights or register any nounsnames, trademarks or signs equal or similar to those property of belonging to the Supplier either Supplier, whether in the Contractual Territory or outside it. 5.4 The Distributor shall inform the Supplier of any act of unfair competition or breach infringement of intellectual or industrial property rights that he may be aware ofof which it becomes aware. The Supplier undertakes to defend his its rights appropriately, by filing a judicial claim legal action if necessary. 5.4 5.5 The Supplier may authorize authorise the Distributor to draftwrite, design or print as many manuals, packaging of or marketing or promotional means materials when it is deemed necessary, always with the supervision and written approval from of the Supplier, and as long as the trademark "DALRADA CLIMATE TECHNOLOGY" brand is clearly visible. The Distributor agrees that it must submit any and all out going media pieces outgoing news articles, including but not limited to advertisements, print adsadvertisements, websites, websites or show exhibition media materials (handoutsdocuments). 5.5 5.6 Distributor shall not remove, alter, deface alter or otherwise obscure any trademark or trade name appearing on any Product or documentation without the express written permission of the Supplier. 5.6 5.7 The Distributor shall be is responsible for all the activities that may entail non authorized result in unauthorized use or exploitation of the trademarkbrand. 5.7 5.8 The Distributor shall also be responsible liable for any non-authorized unauthorised use of his the condition of its Distributor's condition, or any unfair use of the commercial reputation of a third party's commercial reputation.

Appears in 1 contract

Samples: Distribution Agreement (Dalrada Financial Corp)

Intellectual Property and Trademarks. 5.1 Neither  YOU acknowledge that any Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System are the sole Intellectual Property of Concept Xxxxxx under India copyright, trademark, and other intellectual property laws and international treaties.  YOU further acknowledge and agree that Concept Xxxxxx and its third-party grants licensors own and shall continue to own all rights, title, and interest in, and to, the Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System, including associated intellectual property rights under copyright, trade secret, patent, or transfers trademark laws. Except for the limited, revocable license expressly granted to YOU herein, this Agreement does not grant you any ownership or other right or interest in, or to, the Audio and/or Visual Presentations, Documentation, and other any rights to any inventionselements of the Webinar System, discoveries, data, customer lists, customer pricing, other copyrightable materials, patents, trademarks, service marks, copyrightsCoaching calls, or any other proprietary intellectual property rights except as expressly set forth of Concept Xxxxxx, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that Concept Xxxxxx uses in this connection with services rendered by Concept Xxxxxx are marks owned by Concept Xxxxxx.  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 does 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 YOU any right, title license, or interest in the Trademark (such marks, and YOU shall not assert any right, license, or interest in such marks or any trademark associated words or designs that are confusingly similar to such marks.  Only use the images of our trademarks that we make available to you, as detailed in any guidelines we may publish;  Only use our trademarks in connection with the promotion and sale of your submitted content available on Concept Xxxxxx or property of the Supplier your participation on Concept Xxxxxx; and  Immediately comply if we request that you discontinue use.  Use our trademarks in a misleading or any of its affiliatesdisparaging way;  Use our trademarks in a way that violates applicable law or in connection with an obscene, indecent, or unlawful topic or material.  From time to time, we may update these terms to clarify our practices or to reflect new or different practices (such as when we add new features), except and Concept Xxxxxx reserves the right in its sole discretion to modify and/or make changes to these terms at any time.  If we make any material change, we will notify you using prominent means such as specifically set forth herein. 5.3 Furthermore, by email notice sent to the Distributor undertakes not to apply for any rights email address specified in your account or register any nouns, trademarks or signs equal or similar to those property of by posting a notice through our services. Modifications will become effective on 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 ofday they are posted unless stated otherwise. 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  Your continued use of his Distributor's condition, or unfair use of third party's commercial reputationour services after changes become effective shall mean that you accept those changes. Any revised terms shall supersede all previous terms.

Appears in 1 contract

Samples: Terms of Use Agreement

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Intellectual Property and Trademarks. 5.1 Neither party grants 12.1 BROADCASTER acknowledge that all the commercial and technical data, information, documentation made available by ADVERTISER is the intellectual property of ADVERTISER and further that the ADVERTISER is the absolute owner/ registered user of all trade marks, trade names, copyright, designs, artistic works in the data, information, documentation and other work made available or transfers communicated or provided by the ADVERTISER to the other BROADCASTER. BROADCASTER shall not, at any rights to time and under any inventionscircumstance: a. do anything which shall or may impair the right, discoveries, data, customer lists, customer pricing, other copyrightable materials, patents, trademarks, service marks, copyrights, title or any other proprietary rights except as expressly set forth interest of ADVERTISER in this Agreement its Intellectual Property 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 create any right, title or interest in therein or thereto adverse to the Trademark (interest of ADVERTISER ; b. use or permit the Intellectual Property of ADVERTISER to be used by any person; c. use the Intellectual Property of ADVERTISER with any other mark or marks or any trademark associated other marks unless for the purpose of specific and limited use allowed under this agreement for sponsorships or promotion activities; d. infringe, copy, initiate or otherwise interfere with the Intellectual Property Rights of ADVERTISER or otherwise prejudice the same in any manner whatsoever 12.2 ADVERTISER acknowledges that all the commercial and technical data, information, documentation made available by BROADCASTER is the intellectual property of the Supplier BROADCASTER and further that the BROADCASTER is the absolute owner/ registered user of all trade marks, trade names, copyright, designs, artistic works in the data, information, documentation and other work made available or communicated by BORADCASTER to ADVERTISER. ADVERTISER shall not, at any time and under any circumstance: (a) do anything which shall or may impair the right, title or interest of ADVERTISER in its Intellectual Property or create any right, title or interest therein or thereto adverse to the interest of BROADCASTER; (b) use or permit the Intellectual Property of BROADCASTER to be used by any person; (c) use the Intellectual Property of BROADCASTER with any other mark or marks or any other marks unless for the purpose of specific and limited use allowed under this agreement for sponsorships or promotion activities. 12.3 ADVERTISER acknowledges that BROADCASTER are the trademark owners and copyright owners or licencees for the programs aired on the channels. The ADVERTISER shall not use or cause to be used the name and trademark of the programs, BROADCASTER, the Channels or any other Channels of BROADCASTER without prior written approval of BROADCASTER. In case BROADCASTER agrees to such use they shall have the sole right to specify the manner and the way in which the same shall be used by the ADVERTISER. 12.4 BROADCASTER acknowledges and agrees that ADVERTISER are the trademark owners and the copyright owners of the advertisements aired either by way of advertising or sponsorship. ADVERTISER hereby grants to BROADCASTER the right to use advertiser’s logos and marks in the performance of its affiliates)obligations under this Agreement and in BROADCASTERS ad sales marketing materials (eg: trade ad publications, except as specifically set forth hereinpromotions etc) and warrants that it has the authority to grant such rights. However, this limited licence is granted only for the purpose of fulfilling BROADCASTERS obligations under this agreement and for no other purpose and the licence shall automatically get terminated on termination of this arrangement. 5.3 Furthermore, 12.5 The BROADCASTER shall not use or cause to be used the Distributor undertakes not to apply for any rights or register any nouns, trademarks or signs equal or similar to those property name and trademark of the Supplier either in ADVERTISER or any other names and trademarks owned or licenced by 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 ADVERTISER without prior written approval from of ADVERTISER, unless for the Supplier, performance of obligations under this agreement. In case ADVERTISER agrees to such use they shall have the sole right to specify the manner 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 way in which the express written permission of the Supplier. 5.6 The Distributor same shall be responsible for all used by the activities that may entail non authorized use or exploitation of the trademarkBROADCASTER. 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.

Appears in 1 contract

Samples: Broadcast Advertising Release Agreement

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