Trademarks Markings. (a) Trademarks - Subject to the terms of this Agreement, the Licensee is hereby granted to have non-exclusive permission to use during the term of this Agreement the Trademarks used by Southwall in connection with the Product and XIR® Laminated Glass Units, provided however, that the Licensee will in no way represent or imply that it is acting on behalf of Southwall. Such permission is expressly limited to uses by the Licensee necessary to the performance of the Licensee’s obligations under this Agreement and for the benefits of the Licensee conferred upon it under this Agreement, and the Licensee hereby admits and recognizes Southwall’s exclusive ownership of such marks and names and the value of such marks and names, both worldwide and specifically in the Territory in which the Licensee sells products incorporating the Product. Such permission with respect to any particular Trademark is further limited to the period in which Southwall uses such Trademark. The Licensee shall be entitled to use, under the same terms and conditions as provided for under this Agreement, any and all such trademarks or trade names which shall be used in future by Southwall which replace the Trademarks, so far as the Licensee can enjoy the same protection of its rights and benefits in its use of such Trademarks as it is entitled hereunder. The Licensee shall use reasonable efforts to provide to Southwall not less than one (1) week (if no physical testing of the advertising and sales promotion materials is required) or 3 weeks (if physical testing of such materials is required) prior to publication a copy of such materials.
Trademarks Markings
