Our Ownership Rights. The Service, including all aspects of Marigold’s websites and software applications and mobile applications (including Our Property), is the property of, and owned by, Marigold or its licensors. All the software, algorithms, functionality, inventions, concepts, text, images, sound, music, videos, marks, logos, compilations, content and technology used to deliver the Service or otherwise embodied in, displayed through, or provided directly or indirectly (e.g., in emails or other communications from us to you) through or in connection with, the Service are “Our Property.” Except as otherwise expressly permitted by this Agreement, any use, copying, making derivative works, transmitting, posting, linking, deep linking, framing, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of Our Property is prohibited. You acknowledge that Our Property has been created, compiled, developed and maintained by us at great expense of time and money such that misappropriation or unauthorized disclosure or use of Our Property by others for commercial gain would unfairly and irreparably harm us in a manner for which damages would not be an adequate remedy, and you consent to our obtaining injunctive relief to restrain any breach or threatened breach of this Agreement, without any requirement to post bond. You may be subject to criminal or civil penalties for violation of this paragraph. The marks BEACON TECH, MARIGOLD HEALTH, and any associated logos, are registered or unregistered trademarks or service marks of Beacon Tech Inc. or its licensors. You may not use them, or any of our other marks or logos, in any manner, including any use that is likely to cause confusion or that disparages or discredits us, without our consent. The Service may also feature the trademarks, service marks, and logos of third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on the Service, will inure solely to the benefit of their respective owners. Subject to the terms and conditions herein, we grant you the non-exclusive, limited, revocable right to access and use Our Property solely to the extent necessary for you to use the Service, as permitted by this Agreement, solely for your personal non-commercial use. We reserve all other rights. For clarity and without limiting other obligations herein, Users shall not distribute or otherwise commercialize Our Property or any User Content.
Our Ownership Rights. Subject to the limited rights expressly granted to you under this Agreement, we and our licensors reserve all rights, title, and interest in and to the Hosted Solution, the underlying software, and all Additional Software, including all related intellectual property rights. You acknowledge and agree that we or our licensors exclusively own (a) all right, title and interest, including all related intellectual property rights, in and to the Hosted Solution, the underlying software, and all Additional Software, as well as any software we use to provide the Hosted Solution; and (b) any updates, upgrades, modifications, extensions, customizations, scripts or other derivative works of the items listed in clause (a). The rights granted to you do not convey any ownership or other rights to any of the items listed in the preceding sentence, whether express or implied.
Our Ownership Rights. As between you and us, (i) we solely and exclusively own and will continue to own all right, title and interest in and to the Service and Marks; (ii) you will do nothing inconsistent with such ownership, including by challenging title or registering or attempting to register Marks or any similar trademarks; (iii) no title to or ownership in the Service or Marks, or any associated Intellectual Property Rights embodied therein, is transferred by implication to you under this Agreement; and (iv) any use of Marks by you that is permitted under this Agreement will inure to the benefit of and be on behalf of the applicable Zap Entity. You will promptly notify the applicable Zap Entity of any use of the Service or Marks by any party that is not authorized by this Agreement. If you provide any Zap Entity with Feedback, you assign to such entity all right, title and interest in and to such Feedback, including all Intellectual Property Rights therein, waiving all claims thereto, including claims of payment and credit.
