Common use of Proper Use Clause in Contracts

Proper Use. 5.1.1 CERES may use the Xxxx in connection with the promotion, marketing and selling of the LICENSED VARIETY, and CERES agrees that all use of the Xxxx shall only occur in connection with the LICENSED VARIETY and shall be in compliance with the terms of this EXHIBIT. 5.1.1 CERES may only use the Xxxx as a collective whole (as shown above) and shall not separately use any element or elements of the Xxxx. Notwithstanding the foregoing, CERES may make fair uses of specific terms (e.g., “research”) comprising the Xxxx. 5.1.2 The Xxxx is not to be altered and must be reproduced from the supplied artwork as provided by NOBLE from time to time. The Xxxx is not to be used in conjunction with any other xxxx or design, i.e., the Xxxx must stand alone in terms of its commercial impression generated by the particular usage; provided however, the parties acknowledge and agree that the Xxxx will appear on packaging and other related promotional material with other trademarks, service marks, and/or trade names (e.g., the CERES xxxx). 5.1.3 CERES has no right to sublicense the use of the Xxxx other than as described herein. 5.1.4 CERES may not use the Xxxx in connection with or for the benefit of non-Qualifying Products, whether CERES’ or another third party’s. 5.1.5 CERES must not use as its own trademark any word(s) or design(s) confusingly similar to the Xxxx. 5.1.6 NOBLE shall have the right to review and must pre-approve, in writing, any and all materials, including seed packaging, that includes or is intended to include the Xxxx.