TRADEMARKS AND OTHER INDICIA. Products and Licensed Materials delivered hereunder will be marketed by Buyer under trade names and trade dress of Buyer or Buyer's distributors unless Buyer and Supplier execute a separate trademark license agreement. Products and Licensed Materials delivered hereunder may also bear certain trade names, trademarks, trade devices, logos, codes or other symbols of Supplier (hereinafter "Marks"). Supplier hereby grants Buyer permission to market Products bearing such Marks in accordance with the terms of this Agreement. If Supplier grants Buyer permission to use its Marks in Buyer's marketing and advertising of, and in Buyer's publicity relating to, Products and Licensed Materials, such use shall conform to Supplier's written standards and guidelines relating thereto, which may be revised by Supplier from time to time. Such use shall inure to the benefit of Supplier and shall not invest in Buyer any rights in or to the Marks. All uses of Marks by Buyer shall be subject to pre-publication or pre-use review and approval by Supplier. If, in Supplier's judgment, any use of Marks by Buyer is deemed detrimental to the Marks or Supplier's reputation, or is deemed otherwise undesirable, Supplier may withdraw such permission without liability as a result thereof upon written notice to Buyer. Buyer shall not conduct business under any of the Marks or derivatives or variations thereof, and Buyer shall not directly or indirectly hold itself out as having any relation to Supplier or its Affiliates other than as set forth herein. Marks may not be used to identify the Buyer. Advertising by Buyer which shows and identifies product brands, software (including related documentation), services or other items not covered by this Agreement may not use Marks without Supplier's prior written consent. Buyer will not alter or remove any Marks applied to Products or Licensed Materials without the written approval of Supplier. All references to Buyer in this Section shall also be intended to include Reseller Customers. In its agreements with its Reseller Customers, Buyer shall use commercially reasonable efforts to require said customers to comply with the provisions of this article.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Proxim Corp), Supply Agreement (Proxim Inc /De/)
TRADEMARKS AND OTHER INDICIA. 22.1 Unless Xxxxxx specifically requests labeling in accordance with Appendix B, the exterior of all Products and to be provided by Statmon under this Agreement shall be provided with Statmon's trade name and/or trade dress ("Statmon Marks") pursuant to the provisions of this Article whereby Statmon expressly authorizes Xxxxxx to use Statmon Marks (as hereinafter defined) in connection with the marketing, sale, or license by Xxxxxx of Products or Licensed Materials delivered hereunder will be marketed by Buyer under trade names and trade dress of Buyer or Buyer's distributors unless Buyer and Supplier execute a separate trademark license agreement. Products and Licensed Materials delivered hereunder may also bear certain trade names, trademarks, trade devices, logos, codes or other symbols of Supplier (hereinafter "Marks"). Supplier hereby grants Buyer permission to market Products bearing such Marks in accordance with the terms of this Agreement. All uses of Statmon Marks by Xxxxxx shall be subject to prepublication or pre-use review and approval by Statmon which will not be unreasonably withheld or delayed. If Supplier Statmon grants Buyer Xxxxxx permission to use its Statmon Marks in Buyer's Xxxxxx' marketing and advertising of, and in Buyer's Xxxxxx' publicity relating to, to Products and Licensed Materials, such use shall conform to SupplierStatmon's written standards and guidelines relating thereto, which may be revised by Supplier Statmon from time to time. Such use shall inure to the benefit of Supplier Statmon and shall not invest in Buyer Xxxxxx any rights in or to the Statmon Marks. All uses of Marks by Buyer shall be subject to pre-publication or pre-use review and approval by Supplier. IfIf at any time, in SupplierStatmon's judgment, any use of Statmon Marks by Buyer Xxxxxx is deemed detrimental to the Statmon Marks or SupplierStatmon's reputation, or is deemed otherwise undesirable, Supplier may Statmon may, upon thirty (30) days prior written notice to Xxxxxx, withdraw such permission without liability as a result thereof upon written unless within such notice period Statmon determines in its sole discretion that Xxxxxx has modified the use of the Statmon Marks to BuyerStatmon's satisfaction. Buyer Xxxxxx shall not conduct business under any of the Statmon Marks or derivatives or variations thereof, and Buyer Xxxxxx shall not directly or indirectly hold itself out as having any relation to Supplier Statmon or its Affiliates affiliates other than as approved by Statmon as set forth herein.
22.2 Xxxxxx expressly authorizes Statmon to use Xxxxxx Xxxxx (as hereinafter defined) in connection with website marketing and other advertising literature and marketing pieces in accordance with the terms of this Agreement. Marks may All uses of Xxxxxx Xxxxx by Statmon shall be subject to prepublication or pre-use review and approval by Xxxxxx which will not be used unreasonably withheld or delayed. If Xxxxxx grants Statmon permission to identify use Xxxxxx Xxxxx in Statmon's marketing and advertising of, and in Statmon's publicity relating to Products and Licensed Materials, such use shall conform to Xxxxxx' written standards and guidelines relating thereto, which may be revised by Xxxxxx from time to time. Such use shall insure to the Buyersole benefit of Xxxxxx and shall not invest in Statmon any rights in or to the Xxxxxx Xxxxx. Advertising If at any time, in Xxxxxx' judgment, any use of Xxxxxx Xxxxx by Buyer which shows and identifies product brandsStatmon is deemed detrimental to the Xxxxxx Xxxxx or Xxxxxx' reputation, software or is deemed otherwise undesirable, Xxxxxx may upon thirty (including related documentation), services or other items not covered by this Agreement may not use Marks without Supplier's 30) days prior written consentnotice to Statmon, withdraw such permission without liability as a result thereof unless within such notice period Xxxxxx determines in its sole discretion that Statmon has modified the use of the Xxxxxx Xxxxx to Xxxxxx' satisfaction. Buyer will Statmon shall not alter conduct business under any of the Xxxxxx Xxxxx or remove derivatives or variations thereof, and Statmon shall not directly or indirectly hold itself out as having any Marks applied relation to Products Xxxxxx or Licensed Materials without the written approval of Supplier. All references to Buyer in this Section shall also be intended to include Reseller Customers. In its agreements with its Reseller Customers, Buyer shall use commercially reasonable efforts to require said customers to comply with the provisions of this articleaffiliates other than as approved by Xxxxxx as set forth herein.
Appears in 1 contract
Samples: Non Exclusive Reseller Agreement (Statmon Technologies Corp)
TRADEMARKS AND OTHER INDICIA. (a) Products and Licensed Materials delivered hereunder will be marketed by Buyer Customer under trade names and trade dress of Buyer Customer or BuyerCustomer's distributors unless Buyer Customer and Supplier Lucent execute a separate trademark license agreement. Customer will provide Lucent with written instructions and will bear all costs associated with applying Customer's trade name and trade dress to Products. Products and Licensed Materials delivered hereunder may also bear certain trade names, trademarks, trade devices, logos, codes or other symbols of Supplier Lucent (hereinafter "Marks"). Supplier Lucent hereby grants Buyer Customer permission to market Products bearing such Marks in accordance with the terms of this Agreement. If Supplier Lucent grants Buyer Customer permission to use its Marks in BuyerCustomer's marketing and advertising of, and in BuyerCustomer's publicity relating to, Products and Licensed Materialslicensed materials, such use shall conform to SupplierLucent's written standards and guidelines relating thereto, which may be revised by Supplier Lucent from time to time. Such use shall inure to the benefit of Supplier Lucent and shall not invest in Buyer Customer any rights in or to the Marks. All uses of Marks by Buyer Customer shall be subject to pre-publication or pre-use review and approval by SupplierLucent. If, in SupplierLucent's judgment, any use of Marks by Buyer Customer is deemed detrimental to the Marks or SupplierLucent's reputation, or is deemed otherwise undesirable, Supplier Lucent may withdraw such permission without liability as a result thereof upon written notice to Buyer. Buyer thereof.
(b) Customer shall not conduct business under any of the Marks or derivatives or variations thereof, and Buyer Customer shall not directly or indirectly hold itself out as having any relation to Supplier Lucent or its Affiliates other than as set forth herein. Marks may not be used to identify the Buyer. Customer.
(c) Advertising by Buyer which Customer that shows and identifies product product, brands, software (including related documentation), services or other items not covered by this Agreement may not use Marks without SupplierLucent's prior written consent. Buyer Customer will not alter or remove any Marks applied to Products or Licensed Materials licensed materials without the written approval of Supplier. Lucent.
(d) All references to Buyer Customer in this Section 17 shall also be intended to include Reseller OEM Customers. In its agreements with its Reseller OEM Customers, Buyer Customer shall use commercially reasonable efforts to require said customers to comply with the provisions of this articleSection.
Appears in 1 contract
Samples: Fiber Product Purchase Agreement (Agere Systems Inc)
TRADEMARKS AND OTHER INDICIA. 22.1 The exterior of all Exclusive Products to be provided by Statmon under this Agreement, together with the related documentation, manuals and Licensed Materials delivered hereunder will software screens shall be marketed by Buyer under privately labeled, with the trade names and name and/or trade dress of Buyer Statmon and Harris, respectively, in accordance with Appendix B. Harris will xxxxxde Statmon with written instructions and Harris xxxx xxxx all costs associated with applying Harris' trademarxx xxx logo to Exclusive Products. With the exceptxxx xx the labeling activity described herein and as set forth in Section 22.3, Statmon shall have no right or Buyerlicense to use any Harris trademark, logo, derivatives or variants thereof.
22.2 Unlxxx Xxrris specifically requests labeling in accordance with Appendix B, xxx xxterior of all Non-exclusive Products to be provided by Statmon under this Agreement shall be provided with Statmon's distributors unless Buyer and Supplier execute a separate trademark trade name and/or trade dress ("Statmon Marks") pursuant to the provisions of this Article whereby Statmon expressly authorizes Harris to use Statmon Marks (as hereinafter defined) in connection xxxx the marketing, sale, or license agreement. by Harris of Products and or Licensed Materials delivered hereunder may also bear certain trade names, trademarks, trade devices, logos, codes or other symbols of Supplier (hereinafter "Marks"). Supplier hereby grants Buyer permission to market Products bearing such Marks in accordance with the terms of txxxx xf this Agreement. All uses of Statmon Marks by Harris shall be subject to prepublication or preuse review and apprxxxx xy Statmon which will not be unreasonably withheld or delayed. If Supplier Statmon grants Buyer Harris permission to use its Statmon Marks in Buyer's Harris' marketing and advertising anx xxxxrtising of, and in Buyer's Harris' publicity relating to, rexxxxxx to Products and Licensed Materials, such use suxx xxx shall conform to SupplierStatmon's written standards and guidelines relating thereto, which may be revised by Supplier Statmon from time to time. Such use shall inure to the benefit of Supplier Statmon and shall not invest in Buyer Harris any rights in or to the Statmon Marks. All uses of Marks by Buyer shall be subject to pre-publication or pre-use review and approval by Supplier. IfIf at any time, in SupplierStxxxxx's judgment, any use of Statmon Marks by Buyer Harris is deemed detrimental to the Statmon Marks or SupplierStatmon's reputationrepuxxxxxx, or is deemed otherwise undesirable, Supplier may Statmon may, upon thirty (30) days prior written notice to Harris, withdraw such permission without liability as a result thereof upon written therxxx xnless within such notice period Statmon determines in its sole discretion that Harris has modified the use of the Statmon Marks to BuyerStatmon's satisfaction. Buyer Harris shall not conduct business under any of the Statmon Markx xx derivatives or variations thereof, and Harris shall not directly or indirectly hold itself out as having xxx xxlation to Statmon or its affiliates other than as approved by Statmon as set forth herein.
22.3 Harris expressly authorizes Statmon to use Harris Marks (as herexxxxxxr defined) in connection with website maxxxxxxx xxx other advertising literature and marketing pieces in accordance with the terms of this Agreement. All uses of Harris Marks by Statmon shall be subject to prepublication or pre-usx xxxxxx xxx approval by Harris which will not be unreasonably withheld or delayed. If Harris xxxxxs Statmon permission to use Harris Marks in Statmox'x xarketing and advertising of, and in Xxxxxxx'x xublicity relating to Products and Licensed Materials, such use shall conform to Harris' written standards and guidelines relating thereto, which xxx xe revised by Harris from time to time. Such use shall insure to the sole benexxx xx Harris and shall not invest in Statmon any rights in or to the Harrix Xxxxs. If at any time, in Harris' judgment, any use of Harrxx Xxxxx xx Statmon is deemed dexxxxxxtal to the Harris Marks ox Xxxxxx' xxputation, or is deemed otherwise undesirabxx, Xxxxxx xay uxxx xxirty (30) days prior written notice to Statmon, wixxxxxx such permission without liability as a result thereof unless within such notice period Harris determines in its sole discretion that Statmon has modifixx xxe use of the Harris Marks to Harris' satisfaction. Statmon shall not conduct bxxxxxxx xxxxx any xx xxe Harris Marks or derivatives or variations thereof, and Buyer shall not Statmon xxxxx xxx directly or indirectly hold itself out as having any relation to Supplier Harris or its Affiliates affiliates other than as approved by Harris as set forth herein. Marks may not be used to identify the Buyer. Advertising by Buyer which shows and identifies product brands, software (including related documentation), services or other items not covered by this Agreement may not use Marks without Supplier's prior written consent. Buyer will not alter or remove any Marks applied to Products or Licensed Materials without the written approval of Supplier. All references to Buyer in this Section shall also be intended to include Reseller Customers. In its agreements with its Reseller Customers, Buyer shall use commercially reasonable efforts to require said customers to comply with the provisions of this articlefoxxx xxrein.
Appears in 1 contract
Samples: Agreement for Purchase & Sale of Remote Monitoring Products (Statmon Technologies Corp)