License to N-able Marks. This paragraph applies to You only if Company is an MSP. Subject to this Agreement and Your continuous compliance with its terms, N-able hereby grants to You a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the N-able Marks during this Agreement solely to market and advertise to Clients that Your services utilize the Services and Software. Your use of the N-able Marks will strictly comply with N-able’s Trademark and Copyright Guidelines (the “Guidelines”), which are incorporated in the Agreement by this reference and which N-able may update or revise from time to time. You agree to obtain N-able’s prior written approval of all uses of the N-able Marks. N-able may withdraw any approval of any use of the N-able Marks at any time and at its sole discretion, and such withdrawal may require the recall of any previously distributed physical printed materials, at N-able’s sole discretion. You shall cooperate with N-able in facilitating N-able’s monitoring and control of the nature and quality of the materials bearing the N-able Marks and will supply N-able with specimens of Your use of the N-able Marks upon request. If N-able notifies You that Your use of the N-able Marks is not in compliance with this Agreement, then You shall promptly take such reasonable corrective action as reasonably directed by N-able. N-able is the sole and exclusive owner of the N-able Marks and is also the owner of all goodwill associated with the N-able Marks. You shall do nothing inconsistent with such ownership, either during the term of this Agreement or afterwards. Without limitation, You shall not attempt to register the N-able Marks or any similar marks in any jurisdiction or challenge N-able’s ownership of the N-able Marks. Your use of the N-able Marks shall be on behalf, and inure to the benefit, of N-able. Your utilization of the Marks will not create any right, title or interest in such N-able Marks for Your benefit. You shall use the N-able Marks so that each N-able Mark creates a separate and distinct impression from any other trademark that may be used or affixed to materials bearing the N-able Marks. You may not delete, remove, hide, move or alter any trademark, logo, icon, image or text that represents the company name of N-able, or create or use any derivation thereof, or any icon, image, or text that is likely to be confused with the same. All representations of Your company name or mark of N-able or any of its Affiliates’ names or marks must remain as originally distributed regardless of the presence or absence of a trademark, copyright, or other intellectual property symbol or notice.
Appears in 2 contracts
Samples: Software Services Agreement, Software Services Agreement
License to N-able Marks. This paragraph applies to You only if Company is an MSP. Subject to this Agreement and Your continuous compliance with its terms, N-able hereby grants to You a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the N-able Marks during this Agreement solely to market and advertise to Clients that Your services utilize the Services and Software. Your use of the N-able Marks will strictly comply with N-able’s Trademark and Copyright Guidelines (the “Guidelines”)) communicated or made available to You from time to time, including on N-able’s website, which Guidelines are incorporated in the Agreement by this reference reference, and which Guidelines N-able may update or revise from time to time. You agree to obtain N-able’s prior written approval of all uses of the N-able Marks. N-able may withdraw any approval of any use of the N-able Marks at any time and at its sole discretion, and such withdrawal may require the recall of any previously distributed physical printed materials, at N-able’s sole discretion. You shall cooperate with N-able in facilitating N-able’s monitoring and control of the nature and quality of the materials bearing the N-able Marks and will supply N-able with specimens of Your use of the N-able Marks upon request. If N-able notifies You that Your use of the N-able Marks is not in compliance with this Agreement, then You shall promptly take such reasonable corrective action as reasonably directed by N-able. N-able is the sole and exclusive owner of the N-able Marks and is also the owner of all goodwill associated with the N-able Marks. You shall do nothing inconsistent with such ownership, either during the term of this Agreement or afterwards. Without limitation, You shall not attempt to register the N-able Marks or any similar marks in any jurisdiction or challenge N-able’s ownership of the N-able Marks. Your use of the N-able Marks shall be on behalf, and inure to the benefit, of N-able. Your utilization of the Marks will not create any right, title or interest in such N-able Marks for Your benefit. You shall use the N-able Marks so that each N-able Mark creates a separate and distinct impression from any other trademark that may be used or affixed to materials bearing the N-able Marks. You may not delete, remove, hide, move or alter any trademark, logo, icon, image or text that represents the company name of N-able, or create or use any derivation thereof, or any icon, image, or text that is likely to be confused with the same. All representations of Your company name or mark of N-able or any of its Affiliates’ names or marks must remain as originally distributed regardless of the presence or absence of a trademark, copyright, or other intellectual property symbol or notice.
Appears in 1 contract
Samples: Software Services Agreement
License to N-able Marks. This paragraph applies to You only if Company is an MSP. Subject to this Agreement and Your continuous compliance with its terms, N-able hereby grants to You a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the N-able Marks during this Agreement solely to market and advertise to Clients that Your services utilize the Services and Software. Your use of the N-able Marks will strictly comply with N-able’s Trademark and Copyright Guidelines (the “Guidelines”), which are incorporated in the Agreement by this reference and which N-able may update or revise from time to time. You agree to obtain N-able’s prior written approval of all uses of the N-able Marks. N-able may withdraw any approval of any use of the N-able Marks at any time and at its sole discretion, and such withdrawal may require the recall of any previously distributed physical printed materials, at N-able’s sole discretion. You shall cooperate with N-able in facilitating N-able’s monitoring and control of the nature and quality of the materials bearing the N-able Marks and will supply N-able with specimens of Your use of the N-able Marks upon request. If N-able notifies You that Your use of the N-able Marks is not in compliance with this Agreement, then You shall promptly take such reasonable corrective action as reasonably directed by N-able. N-able is the sole and exclusive owner of the N-able Marks and is also the owner of all goodwill associated with the N-N- able Marks. You shall do nothing inconsistent with such ownership, either during the term of this Agreement or afterwards. Without limitation, You shall not attempt to register the N-able Marks or any similar marks in any jurisdiction or challenge N-able’s ownership of the N-able Marks. Your use of the N-able Marks shall be on behalf, and inure to the benefit, of N-able. Your utilization of the Marks will not create any right, title or interest in such N-able Marks for Your benefit. You shall use the N-able Marks so that each N-able Mark creates a separate and distinct impression from any other trademark that may be used or affixed to materials bearing the N-able Marks. You may not delete, remove, hide, move or alter any trademark, logo, icon, image or text that represents the company name of N-able, or create or use any derivation thereof, or any icon, image, or text that is likely to be confused with the same. All representations of Your company name or mark of N-able or any of its Affiliates’ names or marks must remain as originally distributed regardless of the presence or absence of a trademark, copyright, or other intellectual property symbol or notice.
Appears in 1 contract
Samples: Software Services Agreement