TRADEMARKS/LOGOS. The University retains all rights, title and interest to its trademarks, logos and other intellectual property. Contractor shall first submit a request in writing to the VCU Division of University Relations prior to use of any VCU marks, name, or logos.
TRADEMARKS/LOGOS. Egalet shall have the right to market the Products throughout the Territory under a trademark or trademarks (collectively, the “Trademarks”, such term excludes the Aversion Xxxx, Product Xxxx and the Corporate Trademarks) selected by Egalet at its sole discretion. Except as otherwise expressly provided in this Agreement, Egalet shall own all right, title and interest in and to such Trademarks, subject to transfer to Acura under Section 14.7. Subject to Applicable Law, all labeling and packaging for Product to be marketed and sold in the Territory shall contain a reference to Aversion® (the “Aversion Xxxx”). Except as otherwise expressly provided in this Agreement, Acura shall own all right, title and interest in and to the Aversion Xxxx. Egalet shall assume full responsibility, at its sole cost and expense, for prosecuting or litigating any infringement of a Trademark, the Product Xxxx or a Corporate Trademark by a Third Party, and shall be entitled to retain all recoveries in connection therewith and Acura shall assume full responsibility, at its sole cost and expense, for prosecuting or litigating any infringement of the Aversion Xxxx. In connection with this Section 7.3:
7.3.1 Acura hereby grants to Egalet a royalty-free license to use the Aversion Xxxx and the Oxaydo trademark (the “Product Xxxx”), in each country of the Territory, for the Term and, if the Term has expired pursuant to Section 14.1, after the Term, in connection with the marketing, promotion and sale of the Product as contemplated in this Agreement, and if this Agreement has been terminated, after the Term for the sole purpose of selling of inventory under Section 14.9. The license grant in this Section 7.3.1 shall be royalty free and shall be exclusive with respect to the Oxaydo trademark and non-exclusive with respect to the Aversion Xxxx. The ownership and all goodwill from the use of the Aversion Xxxx shall vest in and inure to the benefit of Acura. Acura reserves all rights not expressly granted herein. Acura shall maintain the Aversion Xxxx in all countries in which the Aversion Xxxx are registered as of the Effective Date, shall exercise Commercially Reasonable Efforts to file for and seek to obtain registrations of, and shall maintain once such registrations are obtained, the Aversion Xxxx in all countries in which Egalet commercializes the Product or, upon reasonable advance written notice, intends to commercialize the Product. If selected by Egalet as the Trademark for the Pro...
TRADEMARKS/LOGOS. (a) The Company hereby grants ERS the non-exclusive right to use the Trademarks in the Territory in connection with the Products, subject to the provisions of this Agreement and for the term hereof. Solely in connection with ERS's promotion, distribution and sale of Products in the Territory, ERS shall market the Products throughout the Territory under the applicable Trademarks for the relevant country in the Territory. The use of the Trademarks by ERS shall be subject to the prior review and approval of the JCC as set forth in this Section 3.4.
(b) ERS shall permit duly authorized representatives of the Company to inspect, on the premises of ERS, at all reasonable times, the Products, ERS's quality control records, and ERS's facilities used in or relating to the manufacture, distribution or sale of the Products to insure compliance with cGMP and the quality control standards set forth in the applicable Registration Application.
(c) Whenever ERS uses the Trademarks in advertising or in any other manner in connection with the Products, ERS shall clearly indicate the Company's ownership of the Trademarks. At least ten business days prior to ERS's use of the Trademarks, ERS shall provide the JCC with samples of all literature and advertising using the Trademarks prepared by or for ERS and intended to be used by ERS for approval of such use by the JCC. If no objection is received from the JCC within five business days of receipt by the JCC of such samples, ERS may use the Trademarks in the manner used in the samples submitted to the JCC for approval. When using the Trademarks under this Agreement, ERS undertakes to comply with all laws pertaining to trademarks in force at any time in the Territory.
(d) If necessary in any country in the Territory to permit ERS to use the Trademarks, the Company shall make application to register ERS as a permitted user or registered user of the Trademarks and, if necessary, or if requested by the Company, ERS undertakes to join in such application and to take such action as may be necessary or requested by the Company to implement such application or retain, enforce or defend the Trademarks. If necessary in any country in the Territory to maintain the Company's rights in the Trademarks, ERS shall enter into a registered user agreement or permitted user agreement regulating its use of the Trademarks.
(e) ERS acknowledges that the Company is the owner of the Trademarks. ERS shall not at any time do, cause to be done, or permit a...
TRADEMARKS/LOGOS. 18.1. Seller is authorized to use the Compaq logo and trademark only to the extent necessary to meet the required specification for the Product. No other rights with respect to Buyer's trademarks, trade names or brand names are conferred, either expressly or by implication, upon Seller.
TRADEMARKS/LOGOS. (a) Subject to OEM’s in compliance with the terms of the Agreement, SAP grants to OEM during the term of the Agreement a revocable, nonexclusive, nontransferable license to use the appropriate SAP partner logo included with the SAP OEM Partner Branding and Communication Guidelines, a copy of which can be found at: xxxx://xxxxxxx.xxx.xxx/partnerlogo, in accordance with the terms of this Section 7.2. This license to use the SAP partner logo that SAP makes available to OEM includes the right to use the SAP corporate logo as part of the SAP partner logo (both referred to as “SAP Logos”). OEM is not permitted to grant sublicenses to the SAP Logos.
(b) When using SAP Logos, OEM must adhere to all requirements and obligations of SAP Branding Guide, including, without limitation, observe SAP’s directions concerning the colors and size of the SAP Logos. OEM shall not remove, delete or in any manner alter the Trademarks or any other Intellectual Property Rights notices of SAP, SAP SE, their respective Affiliates or licensors, if any, appearing on the SAP Materials as delivered or made available to OEM.
(c) OEM shall not contest the validity of the SAP Logos or support the contesting of its validity and shall not derive any right against SAP or any of its Affiliates through its use of SAP Logos. When using SAP Logos, OEM must indicate that the SAP Logos are registered trademarks of SAP SE or its Affiliates. In this context, OEM acknowledges that SAP SE is the sole owner of rights in the SAP Logos. OEM undertakes to make all those declarations and provide all those documents for the benefit of SAP, or any of its Affiliates as SAP or any of their respective Affiliates may require in the prosecution of its rights in the SAP Logos.
(d) SAP and their respective Affiliates have the sole and exclusive right to protect and defend the SAP Logos at its sole discretion, cost and expense. OEM will reasonably cooperate with SAP, at SAP’s expense, in the defense and protection of the SAP Logos and will promptly notify SAP of the use of any xxxx infringing any of the SAP Logos of which it has knowledge.
(e) All advertising and sales material used by OEM for the Cloud Service must bear the notices prescribed by SAP or its Affiliates concerning Trademarks and other identifying marks. OEM must refrain from (i) registering SAP or SAP SE or any of their respective Affiliates’ name (including, in both cases, any domain name or Trademarks) or SAP SE’s logo or any logo of its Affiliates (i...
TRADEMARKS/LOGOS. 20.1. Smart Modular is authorized to use the Compaq logo and trademark only to the extent necessary to meet the required specification for the Product. Smart Modular is authorized to use Compaq labels only as necessary to identify Product for sale hereunder. No other rights with respect to Compaq’s logos, labels, trademarks, trade names or brand names are conferred, either expressly or by implication, upon Smart Modular.
20.2. Smart Modular shall maintain strict accountability for Compaq’s security labels. Compaq security labels identified in the kit bills of materials must be maintained as a secure stock room item, kitted and issued for each module assembly build, and managed under Smart Modular’s daily cycle count process for A-Item materials. Smart Modular will provide Compaq with a monthly reconciliation of module shipments and security label consumption in addition security labels held in stock, work-in-process, and finished goods.
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TRADEMARKS/LOGOS. 2.13.1 AD Pharma shall assume full responsibility, at its sole cost and expense for prosecuting or litigating any infringement of the LIMITx™ trademark and shall be entitled to retain all recoveries in connection therewith except it shall remit to Acura 15% of such recoveries after deduction from such recoveries of fees and expenses in enforcing such trademark rights.
2.13.2 AD Pharma hereby acknowledges the exclusive ownership by Acura of the LIMITx trademark furnished by Acura for use in connection with the Product and Product Line Extension. AD Pharma shall not, during the Term or thereafter, register, use, or attempt to obtain any right in and to the LIMITx trademark or in and to any name, logo or trademark confusingly similar thereto. Acura will use Commercially Reasonable Efforts to obtain formal registration of the LIMITx trademark in the United States in advance of the commercial use of such trademark by AD Pharma.
2.13.3 Acura shall have the right to exercise quality control over AD Pharma's use of the LIMITx trademark to a degree reasonably necessary to maintain the validity of the trademark and to protect the goodwill associated therewith.
2.13.4 AD Pharma shall, in its packaging, sale, marketing, advertising, disposition and distribution of any Product, Product Line Extension and product packaging adhere to a level of quality regarding the maintenance of the validity of the LIMITx trademark and the protection of the goodwill associated therewith consistent with the reasonable standards of quality otherwise set by Acura.
TRADEMARKS/LOGOS. 2.14.1 MainPointe shall assume full responsibility, at its sole cost and expense, for prosecuting or litigating any infringement of the Nexafed trademark and shall be entitled to retain all recoveries in connection therewith except it shall remit to Acura 7.5% of such recoveries after deduction from such recoveries of fees and expenses in enforcing such trademark rights.
2.14.2 MainPointe hereby acknowledges the exclusive ownership of Acura of the Nexafed trademark furnished by Acura for use in connection with the Nexafed Products and Impede trademarks furnished by Acura (or its Affiliates) for use in connection with the Products. MainPointe shall not, during the Term or thereafter, register, use, or attempt to obtain any right in and to the Nexafed trademark or Impede trademark or in and to any name, logo or trademark confusingly similar thereto, including (i) any mxxx that begins with the prefix AC or AK and ends with the suffix FED or PHED, (ii) SUDAFED; and (iii) any mxxx that begins with the prefix SU or CU and ends with the suffix FED or PHED.
2.14.3 Acura shall have the right to exercise quality control over MainPointe's use of the Impede and Nexafed trademarks, as applicable, to a degree reasonably necessary to maintain the validity of those trademarks, as applicable, and to protect the goodwill associated therewith.
2.14.4 MainPointe shall, in its packaging, sale, marketing, advertising, disposition and distribution of any Product and product packaging adhere to a level of quality regarding the maintenance of the validity of the Impede and Nexafed trademarks, as applicable, and the protection of the goodwill associated therewith consistent with the reasonable standards of quality otherwise set by Acura.
TRADEMARKS/LOGOS. 20.1. Tanisys is authorized to use the Compaq logo and trademark only to the extent necessary to meet the required specification for the Product. Tanisys is authorized to use Compaq labels only as necessary to identify Product for sale hereunder. No other rights with respect to Compaq's logos, labels, trademarks, trade names or brand names are conferred, either expressly or by implication, upon Tanisys Technology.
20.2. Tanisys shall maintain strict accountability for Compaq's security labels. Compaq security labels identified in the kit bills of materials must be maintained as a secure stock room item, kitted and issued for each module assembly build, and managed under Tanisys Technology's daily cycle count process for A-Item materials. Tanisys will provide Compaq with a monthly reconciliation of module shipments and security label consumption in addition security labels held in stock, work-in-process, and finished goods. COMPAQ COMPUTER CORPORATION/TANISYS TECHNOLOGY, INC. REV 1.0 CORPORATE PURCHASE AGREEMENT CONTRACT NO. 1838-080100
