LICENSED USE. 3.1 The Recycles Marks are part of a behavior change campaign to help consumers better understand the key role they have to play in keeping metal in the material loop by recycling their empty (metal) packaging or other metal products. The Recycles Marks aim to communicate to the consumer the intrinsic recycling benefits derived from the permanent properties of metal. Licensee shall not use the Recycles Marks other than for this genuine purpose. 3.2 Licensee will use the Recycles Marks in accordance with the Guidelines for On-Pack and Off-Pack Use (as attached hereto in Annex B) and will use the Recycles Marks only in a manner that shall not infringe the rights of or restrict or inhibit any third party. 3.3 The Recycles Marks may be copied or downloaded for use on metal packaging or other metal products that are marketed under Licensee’s own brand. Licensee is not permitted to sublicense the use of the Recycles Marks, except to subcontractors for the sole purpose of having the Recycles Marks copied or downloaded for use on Licensee’s own branded metal packaging or other metal products. 3.4 Licensee will provide MPE with any aggregated or other data on estimated volumes of cans manufactured, put on the market, offered for sale or actually sold and featuring the Recycles Marks as reasonably required by MPE and agree that any such data may be used by MPE in order to analyse and promote the use of the Recycles Marks. 3.5 Licensee may not adapt, alter or create any derivative work from the Recycles Marks without express written permission from MPE. 3.6 Licensee will not publish or have published any information that is not supplied to it by MPE in connection with the Recycles Marks or the use thereof without the prior written consent of MPE, such consent not to be unreasonably withheld. 3.7 The Recycles Marks, any derivatives of the Recycles Marks and the Guidelines for Use are the property of MPE and are protected pursuant to copyright and trademark laws and may not be reproduced, republished or otherwise used except in accordance with the terms of this License Agreement.
Appears in 2 contracts
Samples: License Agreement, License Agreement
LICENSED USE. 3.1 The Recycles Marks are part of a behavior change campaign to help consumers better understand the key role they have to play in keeping metal in the material loop by recycling their empty (metal) packaging or other metal products. The Recycles Marks aim to communicate to the consumer the intrinsic recycling benefits derived from the permanent properties of metal. Licensee shall not use the Recycles Marks other than for this genuine purpose.
3.2 Licensee shall make MPE familiar with the nature and the quality of the goods offered by Licensee and on which the Recycles Marks may be reproduced. The characteristics of these goods will be shared with MPE and approved by the latter on a case-by-case basis with such approval not to be unreasonably withheld, conditioned, or delayed.
3.3 Licensee will use the Recycles Marks in accordance with the Guidelines for On-Pack and Off-Pack Use (as attached hereto referred to in Annex BSchedule 4) and will not use the Recycles Marks only in a manner that shall not infringe would violate the rights of a Third Party (being a person other than Licensee or restrict its Affiliates) in another xxxx, whether or inhibit any third partynot due to the combined use of the Recycles Marks with a xxxx which together could infringe that Third Party's rights.
3.3 3.4 The Recycles Marks may be copied or downloaded for use on metal packaging or other metal products that are marketed under Licensee’s own brand. Licensee is not permitted to sublicense the use of the Recycles Marks.
3.5 Notwithstanding the above, except Licensee shall be entitled to sublicense its rights under this License Agreement to (i) its Affiliates or to (ii) subcontractors for the sole purpose of having the Recycles Marks copied or downloaded for use on Licensee’s or its Affiliates’ own branded metal packaging or other metal products. Licensee shall procure that any of its Affiliates, its contractors, subcontractors or its Affiliates’ subcontractors that use the Recycles Marks comply with this License Agreement and the Guidelines for Use. For the purposes of this License Agreement, “Affiliate” of a party shall mean any subsidiary or parent company of a party and each subsidiary of such parent company.
3.4 3.6 Upon reasonable request, Licensee will provide MPE with any aggregated or other data on estimated volumes an estimate of the number of cans manufactured, manufactured or put on the market, offered for sale or actually sold market and featuring the Recycles Marks as reasonably required by and with suitable specimens of use of the Recycles Marks enabling MPE and agree that any such data may be used by MPE to evidence the use of the Recycles Marks in order to retain its rights on the Recycles Marks. Licensee agrees that MPE may also use this data (only aggregated with data from other licencees and on a fully- anonymized basis) and Licensee’s name to analyse and promote the use of the Recycles Marks.
3.5 3.7 Licensee may not use, adapt, alter or create any derivative work from of the Recycles Marks, other than the Derivatives of the Recycles Marks (as set out in Schedule 3), without express written permission from MPE.
3.6 3.8 Licensee will not publish or have published any information that is not supplied to it by MPE in connection with the Recycles Marks or the use thereof without the prior written consent of MPE, such consent not to be unreasonably withheld, conditioned, or delayed.
3.7 3.9 The Recycles Marks, any derivatives of the Recycles Marks and the Guidelines for Use are the property of MPE and are protected pursuant to copyright and trademark laws and may not be reproduced, republished or otherwise used except in accordance with the terms of this License Agreement.
Appears in 1 contract
Samples: License Agreement
LICENSED USE. 3.1 The Recycles Marks are part of a behavior change campaign a) Licensee is authorized to help consumers better understand the key role they have to play in keeping metal in the material loop by recycling their empty (metal) packaging or other metal products. The Recycles Marks aim to communicate to the consumer the intrinsic recycling benefits derived from the permanent properties of metal. Licensee shall not use the Recycles Marks other than for this genuine purpose.
3.2 Licensee will use the Recycles Marks in accordance with the Guidelines for On-Pack and Off-Pack Use (as attached hereto in Annex B) and will use the Recycles Marks only in a manner that shall not infringe the rights of or restrict or inhibit any third party.
3.3 The Recycles Marks may be copied or downloaded for use on metal packaging or other metal products that are marketed under Licensee’s own brand. Licensee is not permitted to sublicense the use of the Recycles Marks, except to subcontractors for the sole purpose of having the Recycles Marks copied or downloaded for use on Licensee’s own branded metal packaging or other metal products.
3.4 Licensee will provide MPE with any aggregated or other data on estimated volumes of cans manufactured, put on the market, offered for sale or actually sold and featuring the Recycles Marks as reasonably required by MPE and agree that any such data may be used by MPE in order to analyse and promote the use of the Recycles Marks.
3.5 Licensee may not adapt, alter or create any derivative work from the Recycles Marks without express written permission from MPE.
3.6 Licensee will not publish or have published any information that is not supplied to it by MPE Licensed Intellectual Property in connection with the Recycles Marks Licensed Goods and Services set forth in the Definitions section above and any associated promotion and advertising, only to the extent that the City has preapproved use of the Licensed Intellectual Property pursuant to this Section (“the Licensed Use”).
b) Licensee shall not adopt or the use thereof use, without the prior written consent of MPE, such consent not City’s preapproval pursuant to be unreasonably withheld.
3.7 The Recycles Marksthis Section, any variations or derivatives of the Recycles Marks Licensed Intellectual Property (collectively “Derivatives”). Upon such approval by the City, the approved Derivatives shall be included as part of the Licensed Intellectual Property and subject to the same terms and conditions, except as noted below.
c) To the extent any Derivatives are used as the Licensee’s primary xxxx, Licensee agrees to include a small image of the exact xxxx depicted in Exhibit B in connection with the Licensed Use, along with adjacent attribution language, as shown in Exhibit D. Licensee also agrees to use the Licensed Intellectual Property only in the form and manner, and with appropriate legends (e.g., TM or ®), as prescribed and approved by the City. Suggested guidelines are set forth in Exhibit D. The purpose of these guidelines is to help guide the Licensee on proper usage of the form and manner of Licensed Intellectual Property, but following these guidelines does not constitute an approval of use by the City. Licensee must still follow the approval of use process for the Licensed Intellectual Property and the Guidelines Licensed Use, as set forth below in this Section.
d) Licensee agrees that the nature and quality of the Licensed Use shall conform to standards prescribed by the City, and that Licensee will not depart from such prescribed standards without the City’s advance written permission. Prior to use, the City must review and provide written approval of final designs and materials specifications supplied by Licensee for any such materials to be produced, marketed, sold, or given away by Licensee in connection with the Licensed Use. City shall not be held accountable for any design, production, or marketing cost involved with this Agreement. Licensee shall provide the City with the opportunity to inspect, approve (or disapprove) and control all proposed uses of the Licensed Intellectual Property before such use of the Licensed Intellectual Property is made public (e.g., released or sold to the public). The City has the right to reject any particular use of the Licensed Intellectual Property or Licensed Use are as improper or below the property City’s quality standards, at the City’s sole discretion.
e) Licensee shall provide to the City (a) samples of MPE the Licensed Use and are protected pursuant to copyright and trademark laws and (b) samples of any other proposed use of the Licensed Intellectual Property, including on advertising, packaging, etc., for approval by the City before any such use of the Licensed Intellectual Property is made public. The Licensed Intellectual Property shall only be used in connection with the Licensed Use after approval by City. Licensee may not alter approved designs for the Licensed Use without the express written approval of the City. The Licensed Use that is made public shall conform to the quality levels specified by City and be reproduced, republished or otherwise used except in accordance conformity with the terms of representative samples approved by the City. Any samples attached to this License AgreementAgreement in Exhibit E are hereby approved by the City for use by Licensee, but the City’s authorization extends only to the use(s) depicted in Exhibit E and other uses preapproved by the City in writing.
Appears in 1 contract
LICENSED USE. 3.1 The Recycles Marks are part of a behavior behaviour change campaign to help consumers better understand the key role they have to play in keeping metal in the material loop by recycling their empty (metal) packaging or other metal products. The Recycles Marks aim to communicate to the consumer the intrinsic recycling benefits derived from the permanent properties of metal. Licensee shall not use the Recycles Marks other than for this genuine purpose.
3.2 Licensee shall make MPE familiar with the nature and the quality of the goods offered by Licensee and on which the Recycles Marks may be reproduced. The characteristics of these goods will be shared with MPE and approved by the latter on a case-by-case basis with such approval not to be unreasonably withheld, conditioned, or delayed.
3.3 Licensee will use the Recycles Marks in accordance with the Guidelines for On-Pack and Off-Pack Use (as attached hereto referred to in Annex BSchedule 4) and will not use the Recycles Marks only in a manner that shall not infringe would violate the rights of a Third Party (being a person other than Licensee or restrict its Affiliates) in another mark, whether or inhibit any third partynot due to the combined use of the Recycles Marks with a mark which together could infringe that Third Party's rights.
3.3 3.4 The Recycles Marks may be copied or downloaded for use on metal packaging or other metal products that are marketed under Licensee’s own brand. Licensee is not permitted to sublicense the use of the Recycles Marks.
3.5 Notwithstanding the above, except Licensee shall be entitled to sublicense its rights under this License Agreement to (i) its Affiliates or to (ii) subcontractors for the sole purpose of having the Recycles Marks copied or downloaded for use on Licensee’s or its Affiliates’ own branded metal packaging or other metal products. Licensee shall procure that any of its Affiliates, its contractors, subcontractors or its Affiliates’ subcontractors that use the Recycles Marks comply with this License Agreement and the Guidelines for Use. For the purposes of this License Agreement, “Affiliate” of a party shall mean any subsidiary or parent company of a party and each subsidiary of such parent company.
3.4 3.6 Upon reasonable request, Licensee will provide MPE with any aggregated or other data on estimated volumes an estimate of the number of cans manufactured, manufactured or put on the market, offered for sale or actually sold market and featuring the Recycles Marks as reasonably required by and with suitable specimens of use of the Recycles Marks enabling MPE and agree that any such data may be used by MPE to evidence the use of the Recycles Marks in order to retain its rights on the Recycles Marks. Licensee agrees that MPE may also use this data (only aggregated with data from other licencees and on a fully- anonymized basis) and Licensee’s name to analyse and promote the use of the Recycles Marks.
3.5 3.7 Licensee may not use, adapt, alter or create any derivative work from of the Recycles Marks, other than the Derivatives of the Recycles Marks (as set out in Schedule 3), without express written permission from MPE.
3.6 3.8 Licensee will not publish or have published any information that is not supplied to it by MPE in connection with the Recycles Marks or the use thereof without the prior written consent of MPE, such consent not to be unreasonably withheld, conditioned, or delayed.
3.7 3.9 The Recycles Marks, any derivatives of the Recycles Marks and the Guidelines for Use are the property of MPE and are protected pursuant to copyright and trademark laws and may not be reproduced, republished or otherwise used except in accordance with the terms of this License Agreement.
Appears in 1 contract
Samples: License Agreement
