Trademark License and Use. a. Company grants to Distributor a non-exclusive, non-transferable license to use trademark(s) described in Exhibit 2 to this Agreement ("Authorized Trademarks") only in connection with the sale and promotion of the Products in the Territory and during the term of and pursuant to the terms and conditions of the Agreement. No trademark, trade name or other designations may be used without the written consent of Company except as expressly provided in this section. Company expressly allows Distributor to represent that it is a distributor of the Products, including on the Products themselves, advertising materials, stationary and letterhead. b. Distributor shall not assign or sub-license its rights to the Authorized Trademarks to any other person or entity. c. Distributor shall not remove, change, obscure, or add to the labels, markings, names or trademarks that Company has affixed to any of the Products. d. Distributor shall not attempt to, or register any of the Authorized Trademarks in any jurisdiction without the express consent of Company. e. Distributor acknowledges and agrees that Company's remedy at law for any breach of Company's obligations under this paragraph would be inadequate, and agrees and consents that temporary and permanent injunctive relief may be granted in any action or proceeding which may be brought to enforce any provision hereof without the necessity of proof of actual damages.
Appears in 4 contracts
Samples: Distribution Agreement (Plug Power Inc), Distribution Agreement (Plug Power Inc), Distribution Agreement (Plug Power Inc)