Intellectual Property Protection. The Group Companies shall establish and maintain appropriate intellectual inspection system to protect the Proprietary Rights of the Group Companies. The Group Companies shall, and the Founders shall cause the Group Companies to fully comply with the laws and regulations in respect of the protection of the Proprietary Rights and refrain from infringing the Proprietary Rights of other parties. Ecommerce Company shall, and the other Warrantors shall procure Ecommerce Company to, use its best efforts to obtain as soon as possible and maintain the registration of the core trademarks used in the Business (including without limitation, the marks of “perfect diary”, “完美日记” and the combination of the foregoing) in the appropriate goods and services (including without limitation, cosmetics, cosmetics tools and advertisement). The Group Companies shall take all necessary or desirable actions to protect their trademarks, including initiating trademark petitions against any trademark applications filed by any third party for a trademark identical or similar to the Group Companies’ trademarks.
Intellectual Property Protection. Notwithstanding anything in this Agreement to the contrary, it is the express intention of the parties to this Agreement that all right, title and interest of whatever nature in the Master Servicer's and/or Nelnet's user manuals, training materials, all computer programs, routines, structures, layout, report formats, together with all subsequent versions, enhancements and supplements to said programs, all copyright rights (including both source and object code) and all oral or written information relating to the Master Servicer's and/or Nelnet's programs conveyed in confidence by the Master Servicer or Nelnet to the Trust, NSLF or the Administrator pursuant to this Agreement which is not generally known to the public and which give the Master Servicer or Nelnet an advantage over their respective competitors who do not know or use such information (hereinafter collectively referred to as "Trade Secrets"), and all other forms of intellectual property of whatever nature is and shall remain the sole and exclusive property of the Master Servicer and/or Nelnet.
Intellectual Property Protection. For purposes of this Intellectual Property Protection section, the term "Product" also includes Materials and Machine Code.
Intellectual Property Protection. NEC will, at its own expense, defend or at its option settle, any claim brought against You by a third party on the issue of infringement of any copyright, patent, or trademark of that third party, in each case by the “NEC Technology,” as defined below in this Section 10; provided that You provide NEC with (a) prompt written notice of such claim; (b) control over the defense and settlement of such claim; and (c) proper and full information and assistance to settle and/or defend any such claim. In the event of any claim for which NEC may be obligated to defend or settle in accordance with this Section 10, NEC may at its sole option and expense, either: (i) procure the right to use the NEC Technology as provided herein; (ii) replace the NEC Technology with other non-infringing products with equivalent functionality; (iii) suitably modify the NEC Technology so that it does not infringe; or (iv) terminate this Agreement. NEC assumes no liability for infringement claims arising from: (1) any combination of the NEC Technology with products or technology not provided by NEC, if the infringement would not have occurred if the NEC Technology had not been so combined; (2) any modification of the NEC Technology, in whole or in part, by anyone other than NEC, if the infringement would not have occurred but for such modification;
Intellectual Property Protection. The Company shall, and shall cause its Subsidiaries to, take all commercially reasonable steps in the ordinary course promptly to protect their respective material intellectual property rights.
Intellectual Property Protection. Except with the written consent of the Majority Series A Preferred Holders and the Majority Series B Preferred Holders, the Group Companies shall take all reasonable steps to protect their respective material Intellectual Property rights, including without limitation (a) registering their material respective trademarks, brand names, domain names and copyrights, and (b) requiring each employee and consultant of each Group Company to enter into an employment agreement, a confidential information and intellectual property assignment agreement and a non-competition and non-solicitation agreement requiring such persons to protect and keep confidential such Group Company’s confidential information, intellectual property and trade secrets, prohibiting such persons from competing with such Group Company for a reasonable time after their termination of employment with any Group Company, and requiring such persons to assign all ownership rights in their work product to such Group Company.
Intellectual Property Protection. 23.1 Intellectual property rights, including copyright, design and patent rights, in all application software used in connection with MEPS+ (including manual backup facilities specified in Rule 19) shall be and remain inviolable at all times, and no participant shall, without the written consent of the Service Provider:
(a) modify or make a copy of any such software;
(b) transfer, sell, lease or license any such software to another person;
(c) apply or use any such software for purposes other than MEPS+ unless permitted by these Rules; or
(d) permit or suffer any other person in its employment or otherwise under its control to do any of the above.
Intellectual Property Protection. Bionics and its Affiliates will jointly control the Prosecution of all Patents included in the Bionics Controlled IP, each at its own expense and with legal counsel of its own choice, and will take such other legal steps as Bionics and its Affiliates will determine in their sole discretion to be necessary to protect their rights for all Bionics Controlled IP. For the avoidance of doubt, neither Bionics nor its Affiliates will be obligated to pay any Prosecution Costs to protect any Intellectual Property if they determine, in their sole discretion, that those Prosecution Costs outweigh the likely benefits to Bionics or such Affiliate. The term “Bionics Controlled IP” means all Existing Intellectual Property, Joint Intellectual Property and Future Intellectual Property, except any Existing Intellectual Property that relates to the System.
Intellectual Property Protection. 12.1 The Licensor shall apply for, prosecute and maintain such patent/s or other Licensed IP Rights with respect to the Licensed IP as are commercially and legally reasonable.
12.2 Any patent/s or other Licensed IP Rights with respect to the Licensed IP must be filed and registered in the name of Licensor.
12.3 Licensor will, at the cost of the Licensor, do everything reasonably necessary to assist each Licensee to obtain registration of registrable Licensed IP.
12.4 Licensor agrees that it will keep each Licensee informed of all progress in relation to any applications to register patents or other Intellectual Property Rights with respect to the Licensed IP including by instructing its patent attorneys to provide Licensee with copies of all documents and correspondence relating to filing, prosecution and maintenance and any oppositions or other challenges to validity.
12.5 If:
(a) Licensee requests the Licensor in writing to file any patent or other Licensed IP Right with respect to any Licensed IP, and the Licensor declines or fails to do so within thirty (30) days from the request by Licensee; or
(b) Lxxxxxxx decides that it does not wish to continue to prosecute or maintain any patent or other Licensed IP Right with respect to any Licensed IP, it must provide Licensee with notice in writing at least thirty (30) days in advance and, then:
(c) Licensee may proceed to do so solely at its own expense; and
(d) the Intellectual Property Rights relating to that application or registration will no longer be subject to the provisions of this Agreement, and the Licensor will have no rights in relation to the same (including under the License).
12.6 Licensor must pay directly all fees, costs and expenses (including patent attorney and legal fees and expenses) in connection with the filing, prosecution and maintenance of any patent or other Licensed IP Right with respect to any Licensed IP, including any costs and expenses incurred in dealing with any opposition to any applications for such registrations or any challenge to the validity of such registrations.
Intellectual Property Protection. 4.1 All rights in the Licensed Subject Matter are owned by LICENSOR and shall remain with LICENSOR. In the event of termination of this Agreement for any reason, LICENSOR shall continue to own all Licensed Subject Matter.
4.2 All rights in the Licensee Marks are owned by LICENSEE and shall remain with LICENSEE. In the event of termination of this Agreement for any reason, LICENSEE shall continue to own all Licensee Marks.
4.3 LICENSEE may, at its sole option and discretion, change the commercial name of the Game from “Balanced American Roulette” to a name of LICENSEE’S selection. LICENSEE may also develop a logo or other artwork for use in the promotion and marketing of the Game in conjunction with any such new commercial name or may develop a logo or other artwork for use in the promotion and marketing of the Game in conjunction with the “Balanced American Roulette” name (“Game Artwork”). In such event, LICENSOR shall file for and maintain trademark protection of such name in all countries of use and such name shall be included as part of the Licensed Marks throughout the Term of this Agreement and any such trademark rights in such name shall be owned exclusively by LICENSOR. Any and all Game Artwork, including all copyright and other intellectual property rights, shall be owned exclusively by LICENSEE.
4.4 LICENSOR shall own all right, title and interest in all Licensor Improvements. All Licensor Improvements (and any and all patent rights and other intellectual property rights with respect to such improvements) shall fall within the scope of the Licensed Subject Matter being licensed to LICENSEE under this Agreement.
4.5 LICENSEE shall own all right, title and interest in all Licensee Improvements.
4.6 Joint Improvements shall be owned jointly with both parties having equal rights thereto. All Joint Improvements (and any and all patent rights and other intellectual property rights with respect to such improvements) shall fall within the scope of the Licensed Subject Matter being licensed to LICENSEE under this Agreement.
