Licensee Restrictions. Licensee agrees that it shall not, during the Term or thereafter, directly or indirectly:
(a) take, omit to take, or permit any action which will or may dilute the Licensed Marks or tarnish or bring into disrepute the reputation of or goodwill associated with the Licensed Marks or Licensor, or which will or may invalidate or jeopardize any registration of the Licensed Marks;
(b) take any action that would interfere with or prejudice Licensor’s ownership or registration of the Licensed Marks, the validity of the Licensed Marks, or the validity of the License granted by this Agreement;
(c) apply for, or obtain, or assist any Third Party in applying for or obtaining any registration of the Licensed Marks, or any trademark, service xxxx, trade name, or other indicia confusingly similar to the Licensed Marks in any country;
(d) use the Licensed Marks outside the Licensed Field or outside the Territory; or
(e) use the Excluded Marks in any manner whatsoever.
Licensee Restrictions. Licensee will not take any action to challenge or oppose OpenPOWER’s ownership of the Licensed Marks, nor take any action inconsistent with such ownership. Licensee further agrees not to challenge, contest, or otherwise interfere with OpenPOWER’s use, adoption, licensing, application to register, or registration of the Licensed Marks or any trademark, service xxxx, trade name, domain name, or other designation that is similar to the Licensed Marks. Licensee agrees not to adopt, use, apply to register, or register as Licensee’s own corporate name, trade name, trademark, domain name, product name, service xxxx or certification xxxx, or other designation any word, phrase, or design that is the same as or confusingly similar to or that dilutes the Licensed Marks in any country.
Licensee Restrictions. Licensee agrees that it will not, during the Term or thereafter, directly or indirectly: do, omit to do, or permit to be done, any act that (i) will or may dilute the Marks or tarnish or bring into disrepute the reputation of or goodwill associated with the Marks or Board, or (ii) will or may invalidate or jeopardize any registration of the Marks; or apply for or obtain (or assist any Person in applying for or obtaining) any registration of the Marks or any trademark, service xxxx, trade name or other indicia confusingly similar to the Marks in the Territory.
Licensee Restrictions. Without the prior written consent of Akebia, neither Licensee nor any of its Affiliates will directly or indirectly Promote, sell, or have sold, or enter into any agreement to Promote, sell, or have sold, any Competing Product in the Territory to FKC, any entity in or member of the FMC/TPDO Group, or any Authorized Dialysis Center. Notwithstanding the foregoing, if [**].
Licensee Restrictions. Licensee may not:
a) use FairCom’s trademarks in your Application in any way that suggests your product came from or is endorsed by FairCom; or
b) deploy any malicious, deceptive or unlawful derivatives of the Software; or
c) use or distribute any portion of the Software in any way except as an integral part of the Application; or
d) without a separate license grant from FairCom, Deploy any Application that functions as a general purpose database server or that is subject to a public or open source license; or
e) Deploy any FairCom source code; or
f) rent, lease or share the Application including deployment or use through an Application Services Provider (ASP) model, without first securing an ASP Deployment Waiver from FairCom.
Licensee Restrictions. As permitted by Law, Licensee shall not, and shall ensure that its Affiliates will not, either directly or indirectly, knowingly promote, market, distribute, import, sell or have sold any Product, including via internet or mail order, into the Licensor Territory. As to the Licensor Territory, Licensee shall not, and shall ensure that its Affiliates will not: (i) establish or maintain any branch, warehouse or distribution facility for any Product in the Licensor Territory, (ii) engage in any advertising or promotional activities relating to any Product that are directed primarily to customers or other purchasers or users of such Product located in the Licensor Territory, (iii) solicit orders for such Product from any prospective purchaser located in the Licensor Territory, (iv) sell or distribute any such Product to any person in the Licensee Territory who it knows intends to sell such Product in the Licensor Territory or (v) deliver or tender (or cause to be delivered or tendered) any Product into a country in the Licensor Territory. If Licensee receives any order from a prospective purchaser located in the Licensor Territory, then Licensee shall immediately refer that order to Licensor, and Licensee shall not accept any such orders.
Licensee Restrictions. The Licensee shall not, and shall ensure that its Affiliates and sub-licensees do not: use the name, any adaptation of the name, any logo, trademark or other device of the RPO, in any advertising, promotional or sales materials without prior written consent obtained from the RPO in each case; do, or omit to do, anything to diminish the rights of the RPO in the IP or the Know-how or impair any registration of the IP; use any child labour in the manufacture or distribution of the Licensed Products, and where third parties are to manufacture or distribute those Licensed Products the Licensee shall procure from those third parties written confirmation that they shall not use any child labour in the manufacture or distribution of the Licensed Products; or engage in conduct in any Territory that would reasonably be construed as a Bribery Event.
Licensee Restrictions. Licensee shall not, to all or part of the Products, make available, distribute, reveal, or allow Third-Party access, use, resale, transfer, or license. Licensee shall not, itself or through the assistance of any Third-Party, directly or indirectly, research, develop, or license any competing Product which is or may constitute a derivative work of the Products. Licensee shall not represent that it possesses any proprietary interest in the Products or take any action to contest Licensor's Intellectual Property rights or infringe upon them in any way. Licensee shall not register, nor have registered, any trademarks, service marks, trade names, and/or symbols of Licensor which are similar in any manner to Licensor’s Marks. No implied license is granted to the Licensee.
Licensee Restrictions. As permitted by Law, Licensee shall not, and shall ensure that its Affiliates will not, either directly or indirectly, knowingly promote, market, distribute, import, sell or have sold the Product, including via internet or mail order, into the Licensor Territory.
Licensee Restrictions. Licensee agrees that it shall not during the Term or thereafter, directly or indirectly:
(a) take, omit to take, or permit any action which will or may dilute the Licensed Marks or tarnish or bring into disrepute the reputation of or goodwill associated with the Licensed Marks or Licensor, or which will or may invalidate or jeopardize any registration of the Licensed Marks; or
(b) apply for, or obtain, or assist any Person in applying for or obtaining any registration of the Licensed Marks, or any trademark, service mark, trade name, or other indicia confusingly similar to the Licensed Marks in the Territory or elsewhere.
