Trademark Sample Clauses

Trademark. Except for purposes of identification of Products or Services, no right, title, interest, or license in or to any trademark or service ▇▇▇▇ of Licensor is granted to Distributor under this Agreement. Distributor may on its business cards state that Distributor is an authorized distributor for the licensing of the Products and provision of Services of Licensor. Distributor shall not contest the validity of such marks or Licensor's exclusive ownership of them. During the term of this Agreement, Distributor shall not adopt, use, or register, whether as a corporate name, trademark, service ▇▇▇▇ or other indication of origin, any such marks, or any word or ▇▇▇▇ confusingly similar to them in any jurisdiction.

Trademark. 9.1 Nothing in this Agreement grants either party any rights to use the other party's trademarks or trade names, directly or indirectly, in connection with any product, service, promotion, or to make any publication or publicity without prior written approval of the other party or owner.

Trademark. 3.1 Subject to the terms of this Agreement, ZOGENIX hereby grants to DESITIN, its Affiliates and permitted sub-licensees a license to the Trademark for no additional consideration. 3.2 DESITIN will use the Trademark to identify the Product and in its development and commercialisation of the Product in the Territory. Therefore, DESITIN shall use the Trademark as part of the Product name along with such other words as ZOGENIX and DESITIN shall mutually agree are appropriate for the commercialisation of the Product in the Territory. The Trademark shall be owned and registered by ZOGENIX or its nominee and ZOGENIX or its nominee shall ensure that the registration of such Trademark is kept valid within the Territory, unless otherwise agreed upon between the Parties in writing. 3.3 The Trademark shall only be used in connection with sale and marketing of the Product within the Field and other activities pursuant to this Agreement in the Territory. 3.4 DESITIN shall ensure that each use by it, its Affiliates and permitted sub-licensees of the Trademark is accompanied by an acknowledgement that the Trademark is owned by ZOGENIX. DESITIN, its Affiliates and permitted sub-licensees shall not (A) use the Trademark in a way that might materially prejudice its distinctiveness or validity or the goodwill of ZOGENIX therein, or (B) use any trademarks or trade names so resembling the Trademark as to be likely to cause confusion or deception. 3.5 DESITIN shall not have, assert or acquire any right, title or interest in or to the Trademark or the goodwill pertaining thereto, except as explicitly provided in Clause 3.1 of this Agreement. 3.6 DESITIN shall give ZOGENIX prompt notice of any infringement or threatened infringement of the Trademark. ZOGENIX shall determine in its sole discretion what action, if any, to take in response to the infringement or threatened infringement of the Trademark.

Trademark. The DISTRIBUTOR shall use the Trademarks in marketing, advertising and promoting the sale of the Products only in accordance with the policies of the SUPPLIER regarding the use of Trademarks. Any use by DISTRIBUTOR of advertising, sales or promotional materials shall be subject to the SUPPLIER'S prior approval. The right to use the Trademarks shall cease and terminate upon the effective date of termination [*Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.] of this Agreement. The Trademarks shall remain the sole and exclusive property of the SUPPLIER. DISTRIBUTOR acknowledges that nothing contained shall give DISTRIBUTOR any right or interest in any other Trademarks or any trademark, tradename, sign, symbol, emblem, device, trade style or slogan used by or at the direction of the SUPPLIER upon or in relation to the Products. DISTRIBUTOR covenants not to do or permit to be done any act calculated to prejudice, affect, impair or destroy the title and/or interest of the SUPPLIER in and to the Trademarks. If it shall come to the attention of DISTRIBUTOR that any person, firm or corporation is infringing any Trademark, DISTRIBUTOR will promptly notify the SUPPLIER and cooperate fully with the SUPPLIER in the defense and protection of the Trademarks. All use of the Trademarks by DISTRIBUTOR under this Agreement shall inure to the exclusive benefit of the SUPPLIER. In the event that any action, suit or proceeding is commenced against DISTRIBUTOR concerning DISTRIBUTOR'S use of the Trademarks, DISTRIBUTOR shall promptly give notice thereof to the SUPPLIER. The SUPPLIER agrees to indemnify and hold DISTRIBUTOR harmless from and against any and all liability and legal costs (including reasonable attorneys' fees) arising out of any claim or action by another party with respect to DISTRIBUTOR'S use of the Trademarks. DISTRIBUTOR shall not enter into any settlement of any indemnified claim without the SUPPLIER'S consent.

Trademark. ACORDA shall select, own and maintain trademarks for Product in the Territory.

Trademark. You acknowledge that the Frazil trademark is a federally registered trademark and can only be used for the sale and distribution of the Frazil Products. All marketing materials, advertising materials or printed cups bearing the Frazil trademark must be provided by Us or approved by Us in writing. You acknowledge that federal trademark law gives Us the right to control the nature and quality of the products associated with the trademark and agree to allow Us to conduct the necessary inspections, tests and audits to ensure compliance with the standards specified by Us. You are not entitled, either by implication or otherwise, to any title or interest in any trademark, trade name, logo, design, or copyright materials created by Us. In the event that You ever discontinue selling the Frazil Product You agree to remove and destroy all Frazil branding and marketing materials from the Location(s) listed in Exhibit A. You further agree that you will not alter or remove the Frazil trademark from the machines or other Frazil products provided to You, nor rebrand or use any trademark other than Frazil in connection with the use and operation of the machines and other Frazil products; PRODUCT WARRANTY. We represent and warrant that the Products provided by Us complies with Federal, State, and Local laws and will be of merchantable quality. If any Products do not conform to such warranty and You report such nonconformity to Us within ten (10) days of delivery, we will replace the nonconforming Product, through the Distributor without cost to You. Any liability for consequential and incidental damages is expressly disclaimed. Our liability in all events is limited to the purchase price paid; MACHINE OWNERSHIP. We maintain ownership of the ▇▇▇▇ Ultra-2 Machine(s) provided to You and ownership NEVER transfers to You without a written sales agreement. We maintain the right to remove the machine(s) from Your location(s) for any reason. In the event that We deem it necessary to remove the machine(s), You agree to not impede or restrict the removal; The machine(s) may not be relocated or removed from the Location(s) without written consent from Us. The machine(s) may not be sold, bartered or rented. You agree to notify Us immediately of any Location(s) that are closing or transferring ownership; You also agree to inform the purchasing party of the location that the machine(s) are owned by Us, and not included as part of the sales/transfer of ownership of the store; and You ack...

Trademark. In the event that City’s use of the Artwork creates trademark, service ▇▇▇▇ or trade dress rights in connection with the Artwork, City shall have an exclusive and irrevocable right in such trademark, service ▇▇▇▇, or trade dress.

Trademark. Licensee covenants not to infringe on anyone's intellectual property rights in the production or sale of the Products.

Trademark. Zoho, Zoho logo, the names of individual Services and their logos are trademarks of ZOHO Corporation. You agree not to display or use, in any manner, the Zoho trademarks, without ▇▇▇▇’s prior permission. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. ZOHO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ▇▇▇▇ MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM ZOHO, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU AGREE THAT ZOHO SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ZOHO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL ZOHO’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.