Common use of Trademarks and Service Marks Clause in Contracts

Trademarks and Service Marks. Dealer acknowledges that Sea Ray or its affiliated companies are the exclusive owners of various trademarks, service marks, trade designations, logos and trade dress (collectively “Identification”) which Sea Ray uses in connection with Products and its business. Dealer is authorized to use Identification only in the manner prescribed by Sea Ray, only in connection with the promotion and sale of Products, and only until the expiration or termination of this Agreement. Dealer shall not register or assist any other party to register any domain name that contains or closely resembles any Company Identification without first obtaining the prior written consent of Company. Dealer shall not use Identification in any unauthorized manner or in any manner that adversely reflects upon the reputation of Sea Ray or in relation to any other matter that is a breach of this Agreement. Dealer shall not use Identification or advertise outside of the Territory to the extent prohibited by the terms of this Agreement, without Sea Ray’s express written consent and shall comply with Sea Ray’s Advertising Policy. Authorization shall not be interpreted as a license for use of Identification. Dealer acquires no proprietary rights with respect to Identification, and this authorization shall terminate simultaneously with the termination or expiration of this Agreement. In the event of expiration or termination of this Agreement, Dealer shall immediately discontinue use of Identification in any way whatsoever and shall thereafter not use, either directly or indirectly, any Identification or any confusingly similar Identification in a manner likely to confuse, mislead, or deceive the public. Dealer may continue to use Identification for a reasonable period of time in the event Sea Ray does not repurchase Dealer Product inventory as long as such Identification use remains subject to the terms of this Agreement, Sea Ray’s Advertising Policy or any other written instructions provided by Sea Ray to Dealer. Dealer agrees that any unauthorized use or continued use of Identification after the period of time allowed by this Paragraph 13 shall constitute irreparable harm entitling Sea Ray to seek equitable relief, including injunction and specific performance, without the necessity of posting bond or proving actual damages, as a remedy for any such breach. Such remedies shall not be deemed to be the exclusive remedies for such a breach by Dealer but shall be in addition to all other remedies available at law or equity to Sea Ray.

Trademarks and Service Marks. Dealer acknowledges that Sea Ray Boston Whaler or its affiliated companies are the exclusive owners of various trademarks, service marks, trade designations, logos and trade dress (collectively “Identification”) which Sea Ray Boston Whaler uses in connection with Products and its business. Dealer is authorized to use Identification only in the manner prescribed by Sea RayBoston Whaler, only in connection with the promotion and sale of Products, and only until the expiration or termination of this Agreement. Dealer shall not register or assist any other party to register any domain name that contains or closely resembles any Company Identification without first obtaining the prior written consent of Company. Dealer shall not use Identification in any unauthorized manner or in any manner that adversely reflects upon the reputation of Sea Ray Boston Whaler or in relation to any other matter that is a breach of this Agreement. Dealer shall not use Identification or advertise outside of the Territory to the extent prohibited by the terms of this Agreement, without Sea RayBoston Whaler’s express written consent and shall comply with Sea RayBoston Whaler’s Advertising Policy. Authorization shall not be interpreted as a license for use of Identification. Dealer acquires no proprietary rights with respect to Identification, and this authorization shall terminate simultaneously with the termination or expiration of this Agreement. In the event of expiration or termination of this Agreement, Dealer shall immediately NOTE: PORTIONS OF THIS EXHIBIT INDICATED BY “[****]” ARE SUBJECT TO A CONFIDENTIAL TREATMENT REQUEST, AND HAVE BEEN OMITTED FROM THIS EXHIBIT. COMPLETE, UNREDACTED COPIES OF THIS EXHIBIT HAVE BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION AS PART OF THIS COMPANY’S CONFIDENTIAL TREATMENT REQUEST. discontinue use of Identification in any way whatsoever and shall thereafter not use, either directly or indirectly, any Identification or any confusingly similar Identification in a manner likely to confuse, mislead, or deceive the public. Dealer may continue to use Identification for a reasonable period of time in the event Sea Ray Boston Whaler does not repurchase Dealer Product inventory as long as such Identification use remains subject to the terms of this Agreement, Sea RayBoston Whaler’s Advertising Policy or any other written instructions provided by Sea Ray Boston Whaler to Dealer. Dealer agrees that any unauthorized use or continued use of Identification after the period of time allowed by this Paragraph Section 13 shall constitute irreparable harm entitling Sea Ray Boston Whaler to seek equitable relief, including injunction and specific performance, without the necessity of posting bond or proving actual damages, as a remedy for any such breach. Such remedies shall not be deemed to be the exclusive remedies for such a breach by Dealer but shall be in addition to all other remedies available at law or equity to Sea RayBoston Whaler.

Trademarks and Service Marks. Dealer acknowledges Licensee agrees that Sea Ray all of Licensee's marketing efforts and all documentation prepared by Licensee which is related to the Licensed Product or TAL Data, including, but not limited to, print and electronic advertisements and literature, shall state that the Licensed Product is the property of and is licensed by "Xxxxxxxx Analytics". Additionally, Licensee agrees that any promotion or marketing of its affiliated companies electronic trading services which include the Licensed Product or TAL Data shall include in each instance a statement which provides attribution and recognition that such services are the exclusive owners of various trademarksbeing provided by Xxxxxxxx Analytics via RealTick. Xxxxxxxx grants to Licensee a personal, service marksnon-exclusive, trade designations, logos and trade dress (collectively “Identification”) which Sea Ray uses in connection with Products and its business. Dealer is authorized non-transferable license to use Identification only Xxxxxxxx'x trademarks and service marks ("Marks") in the manner prescribed by Sea Ray, only accordance with Xxxxxxxx'x then-current policies provided to Licensee in connection with the promotion and sale of Products, and only until the expiration or termination of this Agreement. Dealer shall not register or assist any other party to register any domain name that contains or closely resembles any Company Identification without first obtaining the prior written consent of Company. Dealer shall not use Identification in any unauthorized manner or in any manner that adversely reflects upon the reputation of Sea Ray or in relation to any other matter that is a breach of this Agreement. Dealer shall not use Identification or advertise outside of the Territory to the extent prohibited by the terms of this Agreement, without Sea Ray’s express written consent and shall comply with Sea Ray’s Advertising Policy. Authorization shall not be interpreted as a license for use of Identification. Dealer acquires no proprietary rights writing with respect to Identificationadvertising, promotion, use and this authorization display of the Marks. Licensee shall terminate simultaneously with include in any advertising, promotional or informational materials, websites, or other print or electronic media, the termination copyright notices and Marks of Xxxxxxxx as they appear on the Licensed Product and TAL Data. Licensee shall submit to Xxxxxxxx for review and approval prior to using or expiration of this Agreementdisplaying the Marks, all promotional materials, advertising and other materials using or displaying such Marks. In Except for those limited rights expressly granted herein, no other rights to the event of expiration Marks including, without limitation, any title or ownership rights are granted hereunder. At any time during or after the termination of this Agreement, Dealer Licensee shall immediately discontinue use of Identification in not assert, claim any way whatsoever and shall thereafter not useinterest in, either seek to register directly or indirectly, or take any Identification action that may adversely affect the validity of any Marks or other notices of proprietary rights of Xxxxxxxx including, without limitation, any confusingly similar Identification act that may infringe, lead to the infringement or dilute the distinctiveness of any Marks or other notices of proprietary rights of Xxxxxxxx. Licensee agrees to notify Xxxxxxxx promptly of any known or suspected misuse of the Marks or other proprietary rights of Xxxxxxxx, and shall cooperate with Xxxxxxxx in a manner likely any proceedings brought to confuseenforce any rights, misleadtitle or interest in any Marks or other proprietary rights. Licensee shall not display, alter or use on any website, or deceive in any printed documents, whether promotional, informational or otherwise, the public. Dealer may continue to use Identification for a reasonable period of time in the event Sea Ray does not repurchase Dealer Product inventory as long as such Identification use remains subject to the terms of this Agreement, Sea Ray’s Advertising Policy Subscriber Agreement or any other written instructions documents provided by Sea Ray to DealerXxxxxxxx or the Sources unless otherwise authorized in writing by Xxxxxxxx. Dealer Licensee acknowledges and agrees that any unauthorized use or continued use the Marks are the property of Identification after and are valuable to Xxxxxxxx, represent the period goodwill of time allowed by this Paragraph 13 shall constitute irreparable harm entitling Sea Ray to seek equitable relief, including injunction Xxxxxxxx and specific performance, without the necessity of posting bond or proving actual damages, as a remedy for any such breach. Such remedies shall not be deemed to be the exclusive remedies for such a breach by Dealer but shall be in addition to all other remedies available at law or equity to Sea Rayare distinctive.