Common use of Use of Marks Clause in Contracts

Use of Marks. Prior to the first use of any of the other Party’s Marks in the manner permitted herein, the Party using such Marks shall submit a sample of such proposed use to the other Party for its prior written approval. i. In addition, if there are modifications to a Party’s Marks after the first approved use of such Marks, such modifications must be submitted to the owner of such Marks for approval prior to the modified use. Such approval will not be unreasonably withheld. ii. Without limiting the generality of the foregoing, each Party shall strictly comply with all standards with respect to the use of the other Party’s Marks which may be furnished by such Party from time to time, including but not limited to those set forth in Exhibit D, and all uses of the other Party’s Marks in proximity to the trade name, trademark, service name or service xxxx of any other person shall be consistent with the standards furnished by the other Party from time to time. iii. Neither Party shall create a combination xxxx consisting of one or more Marks of each Party. iv. All uses of the other Party’s Marks shall inure to the benefit of the Party owning such Xxxx. Each Party hereby acknowledges and agrees that, as between the Parties hereto, the other Party is the owner of the Marks identified as its Marks on the applicable Exhibit to this Agreement, and all goodwill associated therewith shall inure to the benefit of the Party owning said Marks. v. Either Party may make updates or changes that apply to its customers generally to the list of Marks usable by the other Party hereunder at any time by 30 days written notice to the other Party. vi. During the term of this Agreement, neither Party shall use, register, or attempt to register, in any country, any name, trademark or domain name identical or confusingly similar to the other Party’s Marks. The owner Party shall have the sole right to and in its sole discretion may control any action concerning its Marks. vii. Any materials, activities, products, or services distributed or marketed by a Party in conjunction with the other Party’s Marks shall: (i) meet all terms of this Agreement, (ii) meet or exceed standards of quality and performance generally accepted in the industry, and (iii) comply with all applicable laws, rules, and regulations. Each Party shall fully correct and remedy any deficiencies in its use of the other Party’s Marks and/or the quality of any materials, activities, products, or services it offers or markets in conjunction with the other Party’s Marks, upon reasonable notice from the other Party. viii. Neither Party is granted, and neither shall purport, to permit any Third Party to use the other Party’s Marks in any manner without such other Party’s written consent. ix. Each Party shall immediately cease all use of the other Party’s Marks upon expiration or termination of this Agreement.

Appears in 2 contracts

Samples: MSN Mobile Services Reseller Agreement (IXI Mobile, Inc.), Reseller Agreement (IXI Mobile, Inc.)

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Use of Marks. Prior to the first use of any of the other Party’s Marks in the manner permitted herein, the Party using such Marks shall submit a sample of such proposed use to the other Party for its prior written approval. i. In addition, if there are modifications to a Party’s Marks after the first approved use of such Marks, such modifications must be submitted to the owner of such Marks for approval prior to the modified use. Such approval will not be unreasonably withheld. ii. Without limiting the generality of the foregoing, each Party shall strictly comply with all standards with respect to the use of the other Party’s Marks which may be furnished by such Party from time to time, including but not limited to those set forth in Exhibit D, and all uses of the other Party’s Marks in proximity to the trade name, trademark, service name or service xxxx of any other person shall be consistent with the standards furnished by the other Party from time to time. iii. Neither Party shall create a combination xxxx consisting of one or more Marks of each Party. iv. All uses of the other Party’s Marks shall inure to the benefit of the Party owning such Xxxx. Each Party hereby acknowledges and agrees that, as between the Parties hereto, the other Party is the owner of the Marks identified as its Marks on the applicable Exhibit to this Agreement, and all goodwill associated therewith shall inure to the benefit of the Party owning said Marks. v. Either Party may make updates or changes that apply to its customers generally to the list of Marks usable by the other Party hereunder at any time by 30 days [*] written notice to the other Party. vi. During the term of this Agreement, neither Party shall use, register, or attempt to register, in any country, any name, trademark or domain name identical or confusingly similar to the other Party’s Marks. The owner Party shall have the sole right to and in its sole discretion may control any action concerning its Marks. vii. Any materials, activities, products, or services distributed or marketed by a Party in conjunction with the other Party’s Marks shall: (i) meet all terms of this Agreement, (ii) meet or exceed standards of quality and performance generally accepted in the industry, and (iii) comply with all applicable laws, rules, and regulations. Each Party shall fully correct and remedy any deficiencies in its use of the other Party’s Marks and/or the quality of any materials, activities, products, or services it offers or markets in conjunction with the other Party’s Marks, upon reasonable notice from the other Party. viii. Neither Party is granted, and neither shall purport, to permit any Third Party to use the other Party’s Marks in any manner without such other Party’s written consent. ix. Each Party shall immediately cease all use of the other Party’s Marks upon expiration or termination of this Agreement.

Appears in 1 contract

Samples: Mobile Services Reseller Agreement (IXI Mobile, Inc.)

Use of Marks. Each party hereby, grants the other a non-exclusive, non-transferable, royalty free license to use and display the names, trade names, trademarks, service names, and service marks of the granting party identified below, together with any other trade names, trademarks, service names and service marks used by the granting party in connection with the Company's Service or the Logio Site respectively (collectively, the "Marks"), solely in conjunction with the Company's Service, the establishment of the hyperlinks provided for in the Agreement, and in conjunction with advertising of the Company's Service . Prior to the first use of any of the other Party’s party's Marks in the manner permitted herein, the Party party using such Marks shall submit a sample of such proposed use to the other Party party for its prior written approval. i. In addition, if there are modifications to a Party’s Marks after the first approved use of such Marks, such modifications must be submitted to the owner of such Marks for approval prior to the modified use. Such approval will which shall not be unreasonably withheld. iiwithheld or delayed. Without limiting the generality of the foregoing, each Party party shall strictly comply with all standards with respect to the use of the other Party’s party's Marks which may be furnished by such Party party from time to time, including but not limited to those set forth in Exhibit D, and all uses of the other Party’s party's Marks in proximity to the trade name, trademark, service name or service xxxx mark of any other person shall be xx consistent with the standards furnished by the other Party party from time to time. iii. Neither Party Further neither party shall create a combination xxxx mark consisting of one or more Marks Xxxks of each Party. ivparty. All uses of the other Party’s party's Marks shall inure to the benefit of the Party party owning such XxxxMark. Each Party party hereby acknowledges acknoxxxxges and agrees that, as between the Parties parties hereto, the other Party party is the owner of the Marks identified below as its Marks on the applicable Exhibit to this Agreement, and all goodwill associated therewith shall inure to the benefit of the Party owning said Marks. v. . Either Party party may make updates update or changes that apply to its customers generally to change the list of Marks usable by the other Party party hereunder at any time by 30 days written notice to the other Party. vi. During the term of this Agreement, neither Party shall use, register, or attempt to register, in any country, any name, trademark or domain name identical or confusingly similar to the other Party’s Marksparty. The owner Party shall have the sole right to and in its sole discretion may control any action concerning its Marks. vii. Any materials, activities, products, or services distributed or marketed by a Party in conjunction with the other Party’s Marks shallare as follows: (i) meet all terms of this Agreement, (ii) meet or exceed standards of quality and performance generally accepted in the industry, and (iii) comply with all applicable laws, rules, and regulations. Each Party shall fully correct and remedy any deficiencies in its use of the other Party’s Logio Marks and/or the quality of any materials, activities, products, or services it offers or markets in conjunction with the other Party’s Marks, upon reasonable notice from the other Party. viii. Neither Party is granted, and neither shall purport, to permit any Third Party to use the other Party’s ------------ Logio Logio.com Company Marks in any manner without such other Party’s written consent. ix. Each Party shall immediately cease all use of the other Party’s Marks upon expiration or termination of this Agreement.-------------- TELCOBID TELCOBID.COM IQBID.COM

Appears in 1 contract

Samples: Private Label Agreement (Wordcruncher Internet Technologies)

Use of Marks. Prior to the first use of any of the other Party’s Marks in the manner permitted herein, the Party using such Marks shall submit a sample of such proposed use to the other Party for its prior written approval. Following any such “first use” of a Party’s Xxxx as described above, the using Party shall not be required to gain the owning Party’s approval to use the Xxxx provided the use is substantially similar to the first use. i. 7.3.1 In addition, if there are modifications to the use of a Party’s Marks after the first approved use of such Marks, such modifications must be submitted to the owner of such Marks for approval prior to the modified use. Such approval will not be unreasonably withheld. ii. 7.3.2 Without limiting the generality of the foregoing, each Party shall strictly comply with all standards with respect to the use of the other Party’s Marks which may be furnished by such Party from time to time, including but not limited to those set forth in Exhibit D-to-time, and all uses of the other Party’s Marks in proximity to the trade name, trademark, service name or service xxxx of any other person shall be consistent with the standards furnished by the other Party from time to time-to-time. iii. Neither 7.3.3 Further, neither Party shall create a combination xxxx consisting of one or more Marks of each the other Party. iv. 7.3.4 All uses of the other Party’s Marks shall inure to the benefit of the Party owning such Xxxx. Each Party hereby acknowledges and agrees that, as between the Parties hereto, the other Party is the owner of the Marks identified as its Marks on the applicable Exhibit to this Agreement, and all goodwill associated therewith shall inure to the benefit of the Party owning said Marks. v. 7.3.5 Either Party may make updates update or changes that apply to its customers generally to change the list of Marks usable by the other Party hereunder at any time by 30 days written notice to the other Party. vi. 7.3.6 During the term Term of this Agreement, neither Party shall use, register, or attempt to register, in any country, any name, name or trademark or domain name identical or confusingly similar to the other Party’s Marks. The owner Party shall have the sole right to and in its sole discretion may control any action concerning its Marks. vii. 7.3.7 Any materials, activities, products, or services distributed or marketed by a Party in conjunction with the other Party’s Marks shall: (i) meet all terms of this Agreement, (ii) meet or exceed standards of quality and performance generally accepted in the industry, and (iii) comply with all applicable laws, rules, and regulations. Each Party shall fully correct and remedy any deficiencies in its use of the other Party’s Marks and/or the quality of any materials, activities, products, or services it offers or markets in conjunction with the other Party’s Marks, upon reasonable notice from the other Party. viii. Neither Party is granted, and neither shall purport, to permit any Third Party to use the other Party’s Marks in any manner without such other Party’s written consent. ix. Each Party shall immediately cease all use of the other Party’s Marks upon expiration or termination of this Agreement.

Appears in 1 contract

Samples: Master Software License, Software Development Agreement, Maintenance and Services Agreement and Reseller Agreement (Intellisync Corp)

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Use of Marks. Prior Dey xxxeby grants to Meridian during the first Term a nonexclusive and royalty-free license or sub-license in the Territory to use the Dey Xxxks solely in connection with the Products for the limited purpose of any packaging and labeling the Products to fulfill a Purchase Order. Meridian hereby grants to Dey xxxing the Term and for the applicable time period set forth under Section 13c hereof a nonexclusive and royalty-free license or sub-license in the Territory to use the Meridian Marks solely in connection with the marketing, distribution and sale of the other Party’s Marks in the manner permitted herein, the Party using such Marks shall submit a sample of such proposed use to the other Party for its prior written approval. i. In addition, if there are modifications to a Party’s Marks after the first approved use of such Marks, such modifications must be submitted to the owner of such Marks for approval prior to the modified use. Such approval will not be unreasonably withheld. ii. Without limiting the generality of the foregoing, each Party shall strictly comply with all standards with respect to the use of the other Party’s Marks which may be furnished by such Party from time to time, including but not limited to those set forth in Exhibit D, and all uses of the other Party’s Marks in proximity to the trade name, trademark, service name or service xxxx of any other person shall be consistent with the standards furnished by the other Party from time to time. iiiProducts. Neither Party shall create a combination xxxx consisting of one or more Marks of each Party. iv. All uses unitary composite Mark involving a Mark xx the other Party without the prior written approval of the other Party’s Marks shall inure to the benefit of the Party owning such Xxxx. Each Party hereby shall display symbols and notices clearly and sufficiently indicating the trademark status and ownership of the Marks in accordance with applicable trademark law and practice. Each Party acknowledges and agrees that, as between that (i) the Parties hereto, Marks of the other Party is are and shall remain the owner sole property of the Marks identified as its Marks on the applicable Exhibit to this Agreement, and all goodwill associated therewith shall inure to the benefit of the Party owning said Marks. v. Either Party may make updates or changes that apply to its customers generally to the list of Marks usable by the other Party hereunder at any time by 30 days written notice to the other Party. vi. During ; (ii) it shall not now or in the term future contest the validity of this Agreement, neither Party shall use, register, or attempt to register, in any country, any name, trademark or domain name identical or confusingly similar to the other Party’s 's Marks. The owner Party shall have the sole right to and in its sole discretion may control any action concerning its Marks. vii. Any materials, activities, products, or services distributed or marketed by a Party in conjunction with the other Party’s Marks shall: (i) meet all terms of this Agreement, (ii) meet or exceed standards of quality and performance generally accepted in the industry, ; and (iii) comply with all applicable lawsits utilization of the other Party's Marks will not create in it, rulesnor will it represent it has, and regulationsany right, title or interest in or to such Marks other than the licenses expressly granted herein. Each Party shall fully correct and remedy any deficiencies in agrees that its use of the other Party’s 's Marks and/or shall conform to reasonable and customary quality standards communicated in writing by the quality of any materials, activities, products, or services it offers or markets in conjunction with other Party and agrees to supply to the other Party’s Marks, upon request, a reasonable notice from number of samples or forms of any materials publicly disseminated by the Party which utilize the other Party's Marks. viii. Neither Party is granted, and neither shall purport, to permit any Third Party to use the other Party’s Marks in any manner without such other Party’s written consent. ix. Each Party shall immediately cease all use of the other Party’s Marks upon expiration or termination of this Agreement.

Appears in 1 contract

Samples: Supply Agreement (Meridian Medical Technologies Inc)

Use of Marks. Each party hereby grants the other a non-exclusive, non-transferable, royalty free license to use and display the names, trade names, trademarks, service names, and service marks of the granting party identified on Attachment "D" to the Agreement, together with any other trade names, trademarks, service names and service marks used by the granting party in connection with the Company's Service or the BellSouth Site respectively (collectively, the "Marks"), solely in conjunction with the distribution of the Company's Service to BellSouth's Internet service users, the establishment of any hyperlinks provided for in the Agreement, and in conjunction with advertising or promotion of the Company's Service and/or the BellSouth Site as permitted in the Agreement. Prior to the first use of any of the other Party’s party's Marks in the manner permitted herein, the Party party using such Marks shall submit a sample of such proposed use to the other Party party for its prior written approval. i. In addition, if there are modifications to a Party’s Marks after the first approved use of such Marks, such modifications must be submitted to the owner of such Marks for approval prior to the modified use. Such approval will which shall not be unreasonably withheld. iiwithheld or delayed. Without limiting the generality of the foregoing, each Party party shall strictly comply with all standards with respect to the use of the other Party’s party's Marks which may be furnished by such Party party from time to time, including but not limited to those set forth in Exhibit D, and all uses of the other Party’s party's Marks in proximity to the trade name, trademark, service name or service xxxx of any other person shall be consistent with the standards furnished by the other Party party from time to time. iii. Neither Party Further, neither party shall create a combination xxxx consisting of one or more Marks of each Party. ivparty. All uses of the other Party’s party's Marks shall inure to the benefit of the Party party owning such Xxxx. Each Party party hereby acknowledges and agrees that, as between the Parties parties hereto, the other Party party is the owner of the Marks identified as its Marks on the applicable Exhibit to this Agreement, and all goodwill associated therewith shall inure Attachment to the benefit of the Party owning said Marks. v. Agreement. Either Party party may make updates update or changes that apply to its customers generally to change the list of Marks usable by the other Party party hereunder at any time by 30 days written notice to the other Partyparty. vi. During the term of this Agreement, neither Party shall use, register, or attempt to register, in any country, any name, trademark or domain name identical or confusingly similar to the other Party’s Marks. The owner Party shall have the sole right to and in its sole discretion may control any action concerning its Marks. vii. Any materials, activities, products, or services distributed or marketed by a Party in conjunction with the other Party’s Marks shall: (i) meet all terms of this Agreement, (ii) meet or exceed standards of quality and performance generally accepted in the industry, and (iii) comply with all applicable laws, rules, and regulations. Each Party shall fully correct and remedy any deficiencies in its use of the other Party’s Marks and/or the quality of any materials, activities, products, or services it offers or markets in conjunction with the other Party’s Marks, upon reasonable notice from the other Party. viii. Neither Party is granted, and neither shall purport, to permit any Third Party to use the other Party’s Marks in any manner without such other Party’s written consent. ix. Each Party shall immediately cease all use of the other Party’s Marks upon expiration or termination of this Agreement.

Appears in 1 contract

Samples: Internet Linking and Content Storage/Distribution Agreement (Ibeam Broadcasting Corp)

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