Common use of Licensed Marks Clause in Contracts

Licensed Marks. (a) The Licensed Marks shall be used only in connection with the VSC Technology. LLC shall cause appropriate indicia of TMS's ownership of the Licensed Marks to appear on all promotional materials using the Licensed Marks. (b) LLC may use its own trademarks in conjunction with the Licensed Marks. (c) LLC acknowledges TMS's right to control quality regarding the nature and quality of the Licensed Software sold under the Licensed Marks. LLC agrees to the quality standards as TMS has or shall establish regarding the manner of the Licensed Marks' use. TMS reserves the right to inspect the use of the Licensed Marks and LLC agrees to provide examples of its use every six (6) months and as requested by TMS. All use of the Licensed Marks shall terminate upon the termination of this Agreement. (d) LLC acknowledges the validity of TMS's ownership, right, title and interest in and to the Licensed Marks, including TMS's rights to register or to have registered as the owner of any or all of the Licensed Marks under the laws of any jurisdiction. All use of any of the Licensed Marks by LLC shall inure to the sole benefit of TMS in any and all jurisdictions. Notwithstanding the foregoing, if any of the Licensed Marks are found to be invalid or generic in a court of law or by a decision of the Trademark Office of any jurisdiction, and such decision is not appealed or is not ultimately overturned, then LLC shall no longer be required to treat the Licensed Marks as trademarks of TMS or to be bound by the restrictions of this Agreement concerning their use, in the nation in which the decision was rendered. (e) LLC shall not at any time do or suffer to be done any act or thing which will in any way impair the rights of TMS in and to such Licensed Marks. If in the reasonable business judgment of TMS any act or failure to act by LLC constitutes a danger to the value or validity or ownership of any of the Licensed Marks, then TMS may in lieu of or in addition to any other remedy available to it (including termination of the License) give notice to LLC describing the danger and may suspend in whole or in part LLC's right to use the Licensed Marks, effective on LLC's receipt of the notice. The suspension shall continue until TMS reasonably determines that the danger no longer exists.

Licensed Marks. Subject to the provisions of this Agreement, DCA hereby grants to Licensee the right and license to use one or more of DCA's trademarks, service marks, trade names, logotypes and commercial symbols (acollectively, the "Licensed Marks") The Licensed Marks shall be used only in connection with the VSC TechnologyDental Office. LLC Notwithstanding the foregoing, Licensee shall cause appropriate indicia of TMS's ownership of only display or otherwise use the Licensed Marks to appear on all promotional materials using the Licensed Marks. (b) LLC may use its own trademarks in conjunction with the Licensed Marks. (c) LLC acknowledges TMS's right to control quality regarding the nature and quality of the Licensed Software sold under the Licensed Marks. LLC agrees to the quality standards as TMS has or shall establish regarding the manner of the Licensed Marks' useor manners approved or designated by DCA in writing. TMS reserves the right to inspect the Each such display or use of the Licensed Marks and LLC agrees to provide examples of its use every six (6) months and as requested by TMS. All use one or more of the Licensed Marks shall terminate upon clearly identify Licensee as a licensee of such Licensed Marks, and not the termination owner or licensor thereof. Nothing contained herein gives Licensee any interest in or to any of the Licensed Marks or any component thereof, nor the goodwill now or hereafter attached thereto, except for the right to use such Licensed Marks as authorized by DCA, pursuant to and for the term of this Agreement. (d) LLC acknowledges , solely in connection with the validity operation of TMSLicensee's ownershipDental Office. Licensee shall not use the Licensed Marks as part of any other corporate or trade name or with any prefix, rightsuffix or other modifying words, terms, designs or symbols, or in any modified form, nor may Licensee use any Licensed Mark in connection with sale of any unauthorized product or serve or xx xny other manner not expressly authorized in writing by DCA. Licensee shall not engage in or permit any act calculated to prejudice, affect, impair or destroy the title or interest of DCA in and interest to any of the Licensed Marks or any related or similar name. In addition, Licensee shall immediately notify DCA of any apparent infringement of one or more of the Licensed Marks by any third party or any challenge to Licensee's use of any of the Licensed Marks. In such instance, Licensee shall not communicate with any person other than DCA and Licensee's counsel with respect to such infringement or challenge. In addition, Licensee shall cooperate fully with DCA in defense and protection of the Licensed Marks in question. Notwithstanding the foregoing, DCA shall have sole discretion to take such action as it deems appropriate and to exclusively control any litigation or administrative proceedings arising out of any infringement, challenge or claim regarding any one or more of the Licensed Marks. Licensee agrees to execute any and all instruments and documents, render such assistance and do such acts and things as may, in the opinion of DCA's counsel, be necessary or advisable to protect and maintain the interests of DCA in any such proceeding or to otherwise protect and maintain the interests of DCA in and to the Licensed Marks. Except as specifically provided herein, including TMS's rights DCA shall not otherwise be obligated to register protect or to have registered as the owner of any or all of the Licensed Marks under the laws of any jurisdiction. All use of defend any of the Licensed Marks by LLC shall inure to the sole benefit of TMS in any and all jurisdictions. Notwithstanding the foregoing, if any of the Licensed Marks are found to be invalid litigation or generic in a court of law or by a decision of the Trademark Office administrative proceeding arising out of any jurisdictioninfringement, and such decision is challenge or claim if it elects not appealed or is not ultimately overturned, then LLC shall no longer be required to treat the Licensed Marks as trademarks of TMS or to be bound by the restrictions of this Agreement concerning their use, do so in the nation in which the decision was rendered. (e) LLC shall not at any time do or suffer to be done any act or thing which will in any way impair the rights of TMS in and to such Licensed Marksits sole discretion. If in the reasonable business judgment of TMS for any act reason DCA or failure to act by LLC constitutes a danger to the value Licensee is ultimately prohibited from using any one or validity or ownership of any more of the Licensed Marks, then TMS may in lieu of or in addition Licensee shall not be entitled to any other remedy available compensation therefor, nor shall compensation be paid by DCA to it (including termination Licensee as a result thereof. Further, Licensee may, immediately upon the request of DCA, be required to modify or discontinue the License) give notice to LLC describing the danger and may suspend in whole use of one or in part LLC's right to use more of the Licensed Marks, effective on LLC's receipt or to use one or more additional or substitute trademarks, service marks, trade names, logotypes or other commercial symbols in lieu of one or more of the notice. The suspension shall continue until TMS reasonably determines that Licensed Marks, in connection with the danger no longer existsDental Office.

Licensed Marks. (a) The Licensed Marks shall be used only in connection with the VSC Technologysale, license, sublicense or distribution of the Products described in Annex "A" and may not be used to identify any other product, whether or not licensed under this Agreement. LLC Marquette shall cause appropriate indicia of TMSDCC's ownership of the Licensed Marks to appear on or within each of the Products, on all promotional packaging materials bearing the Licensed Marks, and on all advertising using the Licensed Marks. (b) LLC Marquette may use its own trademarks in conjunction with the Licensed Marks. (c) LLC acknowledges TMSDCC is familiar with Marquette's right to control quality regarding the nature and quality advertising practices; in view of the Licensed Software sold under that familiarity, Marquette need not obtain DCC's prior approval of proposed advertising using the Licensed Marks. LLC agrees , but shall instead furnish DCC with representative samples of such advertising from time to the quality standards time or as TMS has or shall establish regarding the manner of the Licensed Marks' use. TMS reserves the right to inspect the use of the Licensed Marks and LLC agrees to provide examples of its use every six (6) months and as reasonably requested by TMSDCC. All use of the Licensed Marks shall terminate upon the termination of this AgreementDCC may, in its business judgment at any time and/or from time to time, give notice to Marquette that subsequent advertising will require prior approval by DCC. (d) LLC Marquette acknowledges the validity of TMSDCC's ownership, right, title and interest in and to the Licensed Marks, including TMSDCC's rights to register or to have registered as the owner of any or all of the Licensed Marks under the laws of any jurisdiction. All use of any of the Licensed Marks by LLC Marquette shall inure to the sole benefit of TMS DCC in any and all jurisdictions. Notwithstanding the foregoing, if any of the Licensed Marks are found to be invalid or generic in a court of law or by a decision of the Trademark Office of any jurisdiction, and such decision is not appealed or is not ultimately overturned, then LLC shall no longer be required to treat the Licensed Marks as trademarks of TMS or to be bound by the restrictions of this Agreement concerning their use, in the nation in which the decision was rendered. (e) LLC Marquette shall not at any time do or suffer to be done any act or thing which will in any way impair the rights of TMS DCC in and to such Licensed Marks. If in the reasonable business judgment of TMS DCC any act or failure to act by LLC Marquette constitutes a danger to the value or validity or ownership of any of the Licensed Marks, then TMS DCC may in lieu of or in addition to any other remedy available to it (including termination of the License) give notice to LLC Marquette describing the danger and may suspend in whole or in part LLCMarquette's right to use the Licensed Marks, effective on LLCMarquette's receipt of the notice. The suspension shall continue until TMS DCC reasonably determines that the danger no longer exists.

Licensed Marks. Subject to the provisions of this Agreement, DCA hereby grants to Licensee the right and license to use one or more of DCA's trademarks, service marks, trade names, logotypes and commercial symbols (acollectively, the "Licensed Marks") The Licensed Marks shall be used only in connection with the VSC TechnologyDental Office. LLC Notwithstanding the foregoing, Licensee shall cause appropriate indicia of TMS's ownership of only display or otherwise use the Licensed Marks to appear on all promotional materials using the Licensed Marks. (b) LLC may use its own trademarks in conjunction with the Licensed Marks. (c) LLC acknowledges TMS's right to control quality regarding the nature and quality of the Licensed Software sold under the Licensed Marks. LLC agrees to the quality standards as TMS has or shall establish regarding the manner of the Licensed Marks' useor manners approved or designated by DCA in writing. TMS reserves the right to inspect the Each such display or use of the Licensed Marks and LLC agrees to provide examples of its use every six (6) months and as requested by TMS. All use one or more of the Licensed Marks shall terminate upon clearly identify Licensee as a licensee of such Licensed Marks, and not the termination owner or licensor thereof. Nothing contained herein gives Licensee any interest in or to any of the Licensed Marks or any component thereof, nor the goodwill now or hereafter attached thereto, except for the right to use such Licensed Marks as authorized by DCA, pursuant to and for the term of this Agreement. (d) LLC acknowledges , solely in connection with the validity operation of TMSLicensee's ownershipDental Office. Licensee shall not use the Licensed Marks as part of any other corporate or trade name or with any prefix, rightsuffix or other modifying words, terms, designs or symbols, or in any modified form, nor may Licensee use any Licensed Mark in connection with sale of any unauthorized product or serve or xx any other manner not expressly authorized in writing by DCA. Licensee shall not engage in or permit any act calculated to prejudice, affect, impair or destroy the title or interest of DCA in and interest to any of the Licensed Marks or any related or similar name. In addition, Licensee shall immediately notify DCA of any apparent infringement of one or more of the Licensed Marks by any third party or any challenge to Licensee's use of any of the Licensed Marks. In such instance, Licensee shall not communicate with any person other than DCA and Licensee's counsel with respect to such infringement or challenge. In addition, Licensee shall cooperate fully with DCA in defense and protection of the Licensed Marks in question. Notwithstanding the foregoing, DCA shall have sole discretion to take such action as it deems appropriate and to exclusively control any litigation or administrative proceedings arising out of any infringement, challenge or claim regarding any one or more of the Licensed Marks. Licensee agrees to execute any and all instruments and documents, render such assistance and do such acts and things as may, in the opinion of DCA's counsel, be necessary or advisable to protect and maintain the interests of DCA in any such proceeding or to otherwise protect and maintain the interests of DCA in and to the Licensed Marks. Except as specifically provided herein, including TMS's rights DCA shall not otherwise be obligated to register protect or to have registered as the owner of any or all of the Licensed Marks under the laws of any jurisdiction. All use of defend any of the Licensed Marks by LLC shall inure to the sole benefit of TMS in any and all jurisdictions. Notwithstanding the foregoing, if any of the Licensed Marks are found to be invalid litigation or generic in a court of law or by a decision of the Trademark Office administrative proceeding arising out of any jurisdictioninfringement, and such decision is challenge or claim if it elects not appealed or is not ultimately overturned, then LLC shall no longer be required to treat the Licensed Marks as trademarks of TMS or to be bound by the restrictions of this Agreement concerning their use, do so in the nation in which the decision was rendered. (e) LLC shall not at any time do or suffer to be done any act or thing which will in any way impair the rights of TMS in and to such Licensed Marksits sole discretion. If in the reasonable business judgment of TMS for any act reason DCA or failure to act by LLC constitutes a danger to the value Licensee is ultimately prohibited from using any one or validity or ownership of any more of the Licensed Marks, then TMS may in lieu of or in addition Licensee shall not be entitled to any other remedy available compensation therefor, nor shall compensation be paid by DCA to it (including termination Licensee as a result thereof. Further, Licensee may, immediately upon the request of DCA, be required to modify or discontinue the License) give notice to LLC describing the danger and may suspend in whole use of one or in part LLC's right to use more of the Licensed Marks, effective on LLC's receipt or to use one or more additional or substitute trademarks, service marks, trade names, logotypes or other commercial symbols in lieu of one or more of the notice. The suspension shall continue until TMS reasonably determines that Licensed Marks, in connection with the danger no longer existsDental Office.

Licensed Marks. Subject to the provisions of this Agreement, DCA hereby grants to Licensee the right and license to use one or more of DCA's trademarks, service marks, trade names, logotypes and commercial symbols (acollectively, the "Licensed Marks") The Licensed Marks shall be used only in connection with the VSC TechnologyDental Office. LLC Notwithstanding the foregoing, Licensee shall cause appropriate indicia of TMS's ownership of only display or otherwise use the Licensed Marks to appear on all promotional materials using the Licensed Marks. (b) LLC may use its own trademarks in conjunction with the Licensed Marks. (c) LLC acknowledges TMS's right to control quality regarding the nature and quality of the Licensed Software sold under the Licensed Marks. LLC agrees to the quality standards as TMS has or shall establish regarding the manner of the Licensed Marks' useor manners approved or designated by DCA in writing. TMS reserves the right to inspect the Each such display or use of the Licensed Marks and LLC agrees to provide examples of its use every six (6) months and as requested by TMS. All use one or more of the Licensed Marks shall terminate upon clearly identify Licensee as a licensee of such Licensed Marks, and not the termination owner or licensor thereof. Nothing contained herein gives Licensee any interest in or to any of the Licensed Marks or any component thereof, nor the goodwill now or hereafter attached thereto, except for the right to use such Licensed Marks as authorized by DCA, pursuant to and for the term of this Agreement. (d) LLC acknowledges , solely in connection with the validity operation of TMSLicensee's ownershipDental Office. Licensee shall not use the Licensed Marks as part of any other corporate or trade name or with any prefix, rightsuffix or other modifying words, terms, designs or symbols, or in any modified form, nor may Licensee use any Licensed Xxxx in connection with sale of any unauthorized product or serve or in any other manner not expressly authorized in writing by DCA. Licensee shall not engage in or permit any act calculated to prejudice, affect, impair or destroy the title or interest of DCA in and interest to any of the Licensed Marks or any related or similar name. In addition, Licensee shall immediately notify DCA of any apparent infringement of one or more of the Licensed Marks by any third party or any challenge to Licensee's use of any of the Licensed Marks. In such instance, Licensee shall not communicate with any person other than DCA and Licensee's counsel with respect to such infringement or challenge. In addition, Licensee shall cooperate fully with DCA in defense and protection of the Licensed Marks in question. Notwithstanding the foregoing, DCA shall have sole discretion to take such action as it deems appropriate and to exclusively control any litigation or administrative proceedings arising out of any infringement, challenge or claim regarding any one or more of the Licensed Marks. Licensee agrees to execute any and all instruments and documents, render such assistance and do such acts and things as may, in the opinion of DCA's counsel, be necessary or advisable to protect and maintain the interests of DCA in any such proceeding or to otherwise protect and maintain the interests of DCA in and to the Licensed Marks. Except as specifically provided herein, including TMS's rights DCA shall not otherwise be obligated to register protect or to have registered as the owner of any or all of the Licensed Marks under the laws of any jurisdiction. All use of defend any of the Licensed Marks by LLC shall inure to the sole benefit of TMS in any and all jurisdictions. Notwithstanding the foregoing, if any of the Licensed Marks are found to be invalid litigation or generic in a court of law or by a decision of the Trademark Office administrative proceeding arising out of any jurisdictioninfringement, and such decision is challenge or claim if it elects not appealed or is not ultimately overturned, then LLC shall no longer be required to treat the Licensed Marks as trademarks of TMS or to be bound by the restrictions of this Agreement concerning their use, do so in the nation in which the decision was rendered. (e) LLC shall not at any time do or suffer to be done any act or thing which will in any way impair the rights of TMS in and to such Licensed Marksits sole discretion. If in the reasonable business judgment of TMS for any act reason DCA or failure to act by LLC constitutes a danger to the value Licensee is ultimately prohibited from using any one or validity or ownership of any more of the Licensed Marks, then TMS may in lieu of or in addition Licensee shall not be entitled to any other remedy available compensation therefor, nor shall compensation be paid by DCA to it (including termination Licensee as a result thereof. Further, Licensee may, immediately upon the request of DCA, be required to modify or discontinue the License) give notice to LLC describing the danger and may suspend in whole use of one or in part LLC's right to use more of the Licensed Marks, effective on LLC's receipt or to use one or more additional or substitute trademarks, service marks, trade names, logotypes or other commercial symbols in lieu of one or more of the notice. The suspension shall continue until TMS reasonably determines that Licensed Marks, in connection with the danger no longer existsDental Office.