Common use of TRADEMARK AND OTHER RIGHTS Clause in Contracts

TRADEMARK AND OTHER RIGHTS. 11-1 SEASA authorizes DISTRIBUTORS to use non-exclusively Samsung Trademarks in the TERRITORY during the term of this Agreement for the sole purpose of the sale and distribution of the PRODUCTS. 11-2 The DISTRIBUTORS accepts and agrees not to use Samsung Trademarks for any other purpose than to distribute the PRODUCTS and to use them only in such manner as to preserve at all times all rights of SEASA. 11-3 The DISTRIBUTORS agrees that it will not alter or remove any of Samsung Trademarks on the PRODUCTS sold under this Agreement. 11-4 SEASA shall have the right of prior review and approval of any use of Samsung Trademarks by the DISTRIBUTORS. 11-5 The DISTRIBUTORS shall not authorize third parties except its dealers to use Samsung Trademarks and any such attempted authorization shall be void. 11-6 SEASA authorizes DISTRIBUTORS to use Samsung Trademarks in advertisement, promotional literature, catalogues, brochures, and other printed materials, letterhead, visiting cards, only on the express condition that in such use explicit reference will be made to its capacity as a DISTRIBUTORS of the PRODUCTS and that DISTRIBUTORS submits such materials to SEASA for prior approval. The DISTRIBUTORS shall not use the words "SAMSUNG" or any altered or shortened form thereof in its own company name. 11-7 The DISTRIBUTORS shall discontinue and cause its dealers to discontinue the use of the Samsung Trademarks free of compensation upon termination of this Agreement and thereafter shall not use or permit to be used the Samsung Trademarks or any similar trademarks, provided, however, that DISTRIBUTORS and its dealers may sell the PRODUCTS bearing Samsung Trademarks held by them in stock at the time of termination of this Agreement for a period of three (3) months following such time and not thereafter. 11-8 The DISTRIBUTORS recognize and concedes for all purpose that the Samsung Trademarks, whether or not registered in the TERRITORY, are valid and are the exclusive property of SEASA, and that DISTRIBUTOR's right to use such Samsung Trademarks arises only out of this Agreement and is subject to the superior right of SEASA. 11-9 The DISTRIBUTORS agree that any rights arising out of its use of Samsung Trademarks shall belong to SEASA and not to DISTRIBUTORS. 11-10 SEASA shall have the exclusive right at its sole discretion to bring legal actions in the TERRITORY for trademark infringement with respect to any of the Samsung Trademarks. The DISTRIBUTORS will assist SEASA in any proceedings for the protection of any of the Samsung Trademarks when requested by SEASA or as may be required by local law. 11-11 The DISTRIBUTORS shall not apply for any registration with regard to any of the Samsung Trademarks in any country of the world including the TERRITORY. 11-12 Any patent, design or copyright embodied in the PRODUCTS shall be the sole property of SEASA, and DISTRIBUTORS shall not acquire any right to them by execution of this Agreement or performance thereunder or otherwise and shall not use any of them after termination of this Agreement.

TRADEMARK AND OTHER RIGHTS. 1110-1 SEASA authorizes DISTRIBUTORS DISTRIBUTOR to use non-exclusively Samsung Trademarks in the TERRITORY during the term of this Agreement for the sole purpose of the sale and distribution of the PRODUCTS. 1110-2 The DISTRIBUTORS DISTRIBUTOR accepts and agrees not to use Samsung Trademarks for any other purpose than to distribute the PRODUCTS and to use them only in such manner as to preserve at all times all rights of SEASA. 1110-3 The DISTRIBUTORS DISTRIBUTOR agrees that it will not alter or remove any of Samsung Trademarks on the PRODUCTS sold under this Agreement. 1110-4 SEASA shall have the right of prior review and approval of any use of Samsung Trademarks by the DISTRIBUTORSDISTRIBUTOR. 1110-5 The DISTRIBUTORS DISTRIBUTOR shall not authorize third parties except its dealers to use Samsung Trademarks and any such attempted authorization shall be void. 1110-6 SEASA authorizes DISTRIBUTORS DISTRIBUTOR to use Samsung Trademarks in advertisement, promotional literature, catalogues, brochures, and other printed materials, letterhead, visiting cards, only on the express condition that in such use explicit reference will be made to its capacity as a DISTRIBUTORS DISTRIBUTOR of the PRODUCTS and that DISTRIBUTORS DISTRIBUTOR submits such materials to SEASA for prior approval. The DISTRIBUTORS DISTRIBUTOR shall not use the words "“SAMSUNG" ” or any altered or shortened form thereof in its own company name. 1110-7 The DISTRIBUTORS DISTRIBUTOR shall discontinue and cause its dealers to discontinue the use of the Samsung Trademarks free of compensation upon termination of this Agreement and thereafter shall not use or permit to be used the Samsung Trademarks or any similar trademarks, provided, however, that DISTRIBUTORS DISTRIBUTOR and its dealers may sell the PRODUCTS bearing Samsung Trademarks held by them in stock at the time of termination of this Agreement for a period of three six (36) months following such time and not thereafter. 1110-8 The DISTRIBUTORS recognize DISTRIBUTOR recognizes and concedes for all purpose that the Samsung Trademarks, whether or not registered in the TERRITORY, are valid and are the exclusive property of SEASA, and that DISTRIBUTOR's ’s right to use such Samsung Trademarks arises only out of this Agreement and is subject to the superior right of SEASA. 1110-9 The DISTRIBUTORS agree DISTRIBUTOR agrees that any rights arising out of its use of Samsung Trademarks shall belong to SEASA and not to DISTRIBUTORSDISTRIBUTOR. 1110-10 SEASA shall have the exclusive right at its sole discretion to bring legal actions in the TERRITORY for trademark infringement with respect to any of the Samsung Trademarks. The DISTRIBUTORS DISTRIBUTOR will assist SEASA in any proceedings for the protection of any of the Samsung Trademarks when requested by SEASA or as may be required by local law. 1110-11 The DISTRIBUTORS DISTRIBUTOR shall not apply for any registration with regard to any of the Samsung Trademarks in any country of the world including the TERRITORY. 1110-12 Any patent, design or copyright embodied in the PRODUCTS shall be the sole property of SEASA, and DISTRIBUTORS DISTRIBUTOR shall not acquire any right to them by execution of this Agreement or performance thereunder or otherwise and shall not use any of them after termination of this Agreement.

TRADEMARK AND OTHER RIGHTS. 11(1) All the PRODUCTS sold in the Territory shall bear MANUFACTURER's and no other, trademark specified below: "SHO-1 SEASA authorizes DISTRIBUTORS BOND" Such trademark and any goodwill created in connection therewith as well as other kinds of the Intellectual Properties shall be sole properties of MANUFACTURER, and DISTRIBUTOR shall not acquire by execution of this Agreement or performance thereunder or otherwise any right with respect to such trademark or goodwill or other Intellectual Properties other than to use non-exclusively Samsung Trademarks in them to distribute the TERRITORY PRODUCTS and render the RELATED SERVICES hereunder, during the term thereof. DISTRIBUTOR shall not use or register MANUFACTURER's trademark as its corporate name or a part thereof. (2) During the term of this Agreement and thereafter DISTRIBUTOR shall not apply for or acquire the sole purpose registration of MANUFACTURER's trademark, nor shall DISTRIBUTOR contest MANUFACTURER's right in or disturb MANUFACTURER's use of such trademark or goodwill. Should DISTRIBUTOR have the sale and distribution MANUFACTURER's trademark registered in its name or the name of the PRODUCTS. 11-2 The DISTRIBUTORS accepts and agrees not to use Samsung Trademarks for any other purpose than person, MANUFACTURER shall have right to distribute have the PRODUCTS registration canceled or transferred to it at DISTRIBUTOR's cost. DISTRIBUTOR shall not use or register MANUFACTURER's trademark as its corporate name or a part thereof and to use them only in such manner as to preserve at all times all rights of SEASA. 11-3 The DISTRIBUTORS agrees that it will not alter or remove any of Samsung Trademarks on the PRODUCTS sold under this Agreement. 11-4 SEASA MANUFACTURER shall have the right to require DISTRIBUTOR to discontinue such use or to cancel such registration of prior review and approval of any use of Samsung Trademarks by the DISTRIBUTORStrademark. 11-5 The DISTRIBUTORS shall not authorize third parties except its dealers to use Samsung Trademarks and any such attempted authorization shall be void. 11-6 SEASA authorizes DISTRIBUTORS to use Samsung Trademarks in advertisement, promotional literature, catalogues, brochures, and other printed materials, letterhead, visiting cards, only on the express condition that in such use explicit reference will be made to its capacity as a DISTRIBUTORS of the PRODUCTS and that DISTRIBUTORS submits such materials to SEASA for prior approval. The DISTRIBUTORS shall not use the words "SAMSUNG" or any altered or shortened form thereof in its own company name. 11-7 The DISTRIBUTORS (3) DISTRIBUTOR shall discontinue and cause its dealers to discontinue the use of the Samsung Trademarks MANUFACTURER's trademark free of compensation upon termination of this Agreement Agreement, whether upon expiration of the term or any other reason whatsoever and thereafter shall not use or permit cause to be used the Samsung Trademarks MANUFACTURER's trademark or any similar trademarkstrademark or other Intellectual Properties, provided, however, that DISTRIBUTORS DISTRIBUTOR and its dealers may sell the PRODUCTS bearing Samsung Trademarks MANUFACTURER's trademark held by them in stock at the time of termination of this Agreement for a the period of three six (36) months following such time and not thereafter. 11-8 The DISTRIBUTORS recognize and concedes for all purpose that the Samsung Trademarkstime. Alternatively, whether or not registered in the TERRITORY, are valid and are the exclusive property of SEASA, and that DISTRIBUTOR's right to use such Samsung Trademarks arises only out of this Agreement and is subject to the superior right of SEASA. 11-9 The DISTRIBUTORS agree that any rights arising out of its use of Samsung Trademarks shall belong to SEASA and not to DISTRIBUTORS. 11-10 SEASA MANUFACTURER shall have the exclusive right option, but not the obligation, to repurchase existing inventory at its sole discretion to bring legal actions in the TERRITORY for trademark infringement with respect to any of the Samsung Trademarks. The DISTRIBUTORS will assist SEASA in any proceedings for the protection of any of the Samsung Trademarks when requested by SEASA or as may be required by local lawDISTRIBUTOR's landed cost. 11-11 The DISTRIBUTORS shall not apply for any registration with regard to any of the Samsung Trademarks in any country of the world including the TERRITORY. 11-12 (4) Any patent, design or copyright embodied in the PRODUCTS shall be the sole property of SEASAMANUFACTURER, and DISTRIBUTORS DISTRIBUTOR shall not acquire any right to in them by execution of this Agreement or performance thereunder or otherwise and shall not use any of them after termination of this AgreementAgreement for expiration of its term or any other reason whatsoever. This shall apply mutatis mutandis to any and all information or reports obtained by MANUFACTURER from DISTRIBUTOR and those delivered or made available by MANUFACTURER to DISTRIBUTOR according to any provisions provided for herein or by any transaction contemplated herein. (5) MANUFACTURER has obtained patents for the SHO-BOND BICS METHOD in the U.S. and Canada. Copies of such patents are attached as Exhibit C. MANUFACTURER shall indemnify, defend and hold DISTRIBUTOR harmless from any claim of infringement or alleged infringement of patent, trademark, copyright or other industrial property right that may be brought by a third party with respect to the PRODUCTS sold hereunder. DISTRIBUTOR shall render full non-financial assistance to MANUFACTURER in defending all such claims.