Common use of Product Marketing Clause in Contracts

Product Marketing. (a) ESL will at all times have the sole discretion to set and determine all terms and conditions of sale of all Licensed Products, including price, position, distribution channels and name (including ESL trademarks, trade names or logos). ESL will be responsible for distribution of the Licensed Products in its sole discretion. (b) ESL will at all times have the sole discretion to develop and approve marketing materials and activities for, the Licensed Products. Further, ESL will at all times during the term of the Agreement be responsible for manufacturing, assembling and distributing the components that comprise the Licensed Products. (c) PacTel has adopted and owns certain trademarks and service marks used in identifying and marketing PacTel technology, products and services, logos, trade names and related acronyms and the like, whether or not registered (the "PacTel Trademarks"). ESL recognizes and consents for all purposes that the PacTel Trademarks constitute the exclusive property of PacTel and cannot be used by ESL pursuant to this license, except as specified in the Agreement, nor will ESL use any confusing similar trademark, logo, trade name or the like. PacTel hereby grants to ESL the non-exclusive right to use the following statement in the marketing of the Licensed Products: " *** *** ." Nothing contained in the Agreement will be construed as conferring any additional rights upon ESL to use in advertising, publicity or other promotional activities any PacTel Trademark, other than specifically set forth in the preceding sentence, unless PacTel grants to ESL its prior express written consent. ESL will use the PacTel trade name with such words qualifying or identifying the relationship of PacTel and ESL as PacTel, from time to time, may reasonably prescribe. PacTel will have the sole right, but not the obligation, to register and enforce the PacTel Trademarks and other marks it adopts, acquires or uses in the United States or in any foreign country and all rights generated by use of same by ESL will inure directly to the benefit of PacTel. (d) The parties will mutually plan and agree upon the contents, form and manner of publicity with respect to the Licensed Products and will not respond to inquiries from members of the public media, if such inquiries concern the contents of the Agreement and details of the transactions contemplated by the Agreement. In no event will the parties act unilaterally with regard to such disclosures, unless otherwise required to by law. (e) PacTel will provide to ESL *** , *** , and such additional information that ESL may require in order to promote the Licensed Products. In addition, PacTel will *** for Licensed Product *** on *** . (f) ESL reserves the right to ESL-developed trademarks, trade names, logos and related acronyms and the like, whether or not registered, to identify the Licensed Products or other ESL developed technology, products and services, so long as such trademarks, etc., are not confusingly similar to the PacTel Trademarks. *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the commission.

Product Marketing. (a) ESL will at all times have the sole discretion to set and determine all terms and conditions of sale of all Licensed Products, including price, position, distribution channels and name (including ESL trademarks, trade names or logos). ESL will *** Portions of this page have been omitted to a request for Confidential Treatment and filed separately with the commission. be responsible for distribution of the Licensed Products in its sole discretion. (b) ESL will at all times have the sole discretion to develop and approve marketing materials and activities for, the Licensed Products. Further, ESL will at all times during the term of the Agreement be responsible for manufacturing, assembling and distributing the components that comprise the Licensed Products. (c) PacTel has adopted and owns certain trademarks and service marks used in identifying and marketing PacTel technology, products and services, logos, trade names and related acronyms and the like, whether or not registered (the "PacTel Trademarks"). ESL recognizes and consents for all purposes that the PacTel Trademarks constitute the exclusive property of PacTel and cannot be used by ESL pursuant to this license, except as specified in the Agreement, nor will ESL use any confusing similar trademark, logo, trade name or the like. PacTel hereby grants to ESL the non-exclusive right to use the following statement in the marketing of the Licensed Products: " *** *** ." Nothing contained in the Agreement will be construed as conferring any additional rights upon ESL to use in advertising, publicity or other promotional activities any PacTel Trademark, other than specifically set forth in the preceding sentence, unless PacTel grants to ESL its prior express written consent. ESL will use the PacTel trade name with such words qualifying or identifying the relationship of PacTel and ESL as PacTel, from time to time, may reasonably prescribe. PacTel will have the sole right, but not the obligation, to register and enforce the PacTel Trademarks and other marks it adopts, acquires or uses in the United States or in any foreign country and all rights generated by use of same by ESL will inure directly to the benefit of PacTel. (d) The parties will mutually plan and agree upon the contents, form and manner of publicity with respect to the Licensed Products and will not respond to inquiries from members of the public media, if such inquiries concern the contents of the Agreement and details of the transactions contemplated by the Agreement. In no event will the parties act unilaterally with regard to such disclosures, unless otherwise required to by law. (e) PacTel will provide to ESL *** , *** , and such additional information that ESL may require in order to promote the Licensed Products. In addition, PacTel will *** for Licensed Product *** on *** . (f) ESL reserves the right to ESL-developed trademarks, *** Portions of this page have been omitted to a request for Confidential Treatment and filed separately with the commission. trade names, logos and related acronyms and the like, whether or not registered, to identify the Licensed Products or other ESL developed technology, products and services, so long as such trademarks, etc., are not confusingly similar to the PacTel Trademarks. *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the commission.