Common use of Trademark Use Clause in Contracts

Trademark Use. 10.1 OI shall use the AIM V® trademark, according to format set forth in Exhibit B (LTC PRODUCTS), in product inserts, advertisements and sales literature (including Web based literature), and on the product labels where space permits, to identify the LTC PRODUCTS in OI PRODUCTS, and shall acknowledge LTC’s ownership of the trademark when so used; and the font size and style of such trademark and dye designation and acknowledgement shall be comparable to the font size and style of the text describing the LTC PRODUCTS or OI PRODUCTS in such product inserts, advertisements and sales literature. OI shall use only displays, labels, forms, and other paper or similar products imprinted with such colors and trademarks as are prescribed from time to time by LTC (including but not limited to size, design, and color of such trademarks). At the request of LTC, OI shall provide a reasonable number of OI PRODUCTS sufficient to verify that product quality standards consistent with the AIM V® trademark have been met. 10.2 All uses and goodwill associated with the LTC TRADEMARK RIGHTS will inure to the benefit of LTC. OI shall not register, nor attempt to register, nor aid any AFFILIATE or THIRD PARTY in the foreign registration of any trademarks included in LTC TRADEMARK RIGHTS unless LTC has given express written approval for such registration. No right or license is granted to use the trademarks included in LTC TRADEMARK RIGHTS in connection with any materials that do not contain LTC PRODUCTS. ▇▇.▇▇▇.▇▇▇▇▇▇ Agreement 10.3 OI shall promptly notify LTC in writing of any THIRD PARTY claim made against OI, its AFFILIATES, or its DISTRIBUTORS that any LTC TRADEMARK RIGHTS used by OI, infringes any trademark or similar proprietary right of any party. LTC shall determine, in its sole discretion, an appropriate response to such claim.

Trademark Use. 10.1 OI shall (a) Reseller acknowledges that the Vendor Trademarks are trademarks owned solely and exclusively by Vendor, and agrees to use the AIM V® trademark, according Vendor Trademarks only in the form and manner and with appropriate legends as prescribed by Vendor. Reseller agrees not to format set forth in Exhibit B (LTC PRODUCTS), in product inserts, advertisements and sales literature (including Web based literature), and on the product labels where space permits, to identify the LTC PRODUCTS in OI PRODUCTS, and shall acknowledge LTC’s ownership use any other trademark or service mark ▇▇ connection with any of the trademark when so used; and the font size and style Vendor Trademarks without prior written approval of such trademark and dye designation and acknowledgement Vendor. All use of Vendor Trademarks shall be comparable to the font size and style of the text describing the LTC PRODUCTS or OI PRODUCTS in such product inserts, advertisements and sales literature. OI shall use only displays, labels, forms, and other paper or similar products imprinted with such colors and trademarks as are prescribed from time to time by LTC (including but not limited to size, design, and color of such trademarks). At the request of LTC, OI shall provide a reasonable number of OI PRODUCTS sufficient to verify that product quality standards consistent with the AIM V® trademark have been met. 10.2 All uses and goodwill associated with the LTC TRADEMARK RIGHTS will inure to the benefit of LTC. OI shall not registerVendor. (b) Vendor acknowledges that the Reseller Trademarks are trademarks owned solely and exclusively by Reseller, nor attempt to register, nor aid any AFFILIATE or THIRD PARTY in the foreign registration of any trademarks included in LTC TRADEMARK RIGHTS unless LTC has given express written approval for such registration. No right or license is granted and agrees to use the trademarks included Reseller Trademarks only in LTC TRADEMARK RIGHTS in the form and manner and with appropriate legends as prescribed by Reseller. Vendor agrees not to use any other trademark or service mark ▇▇ connection with any materials of the Reseller Trademarks without prior written approval of Reseller. All use of Reseller Trademarks shall inure to the benefit of Reseller. (c) Reseller shall indemnify and hold Vendor harmless from and against any and all liabilities, losses, damages, costs and expenses (including legal fees and expenses) associated with any claim or action brought against Vendor that do not contain LTC PRODUCTS. ▇▇.▇▇▇.▇▇▇▇▇▇ Agreement 10.3 OI shall promptly notify LTC in writing of any THIRD PARTY claim made against OImay arise from Reseller's improper or unauthorized replication, its AFFILIATESpackaging, marketing, distribution, or its DISTRIBUTORS that any LTC TRADEMARK RIGHTS used installation of the Software, including claims based on representations, warranties, or misrepresentations made by OIReseller. (d) BOTH PARTIES LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR INCIDENTAL, infringes any trademark or similar proprietary right of any partySPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY THE OTHER PARTY, EVEN IF IT HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LTC shall determine, in its sole discretion, an appropriate response [*] * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to such claimthe omitted portions.

Trademark Use. 10.1 OI shall (a) Reseller acknowledges that the Vendor Trademarks are trademarks owned solely and exclusively by Vendor, and agrees to use the AIM V® trademark, according Vendor Trademarks only in the form and manner and with appropriate legends as prescribed by Vendor. Reseller agrees not to format set forth in Exhibit B (LTC PRODUCTS), in product inserts, advertisements and sales literature (including Web based literature), and on the product labels where space permits, to identify the LTC PRODUCTS in OI PRODUCTS, and shall acknowledge LTC’s ownership use any other trademark or service mark ▇▇ connection with any of the trademark when so used; and the font size and style Vendor Trademarks without prior written approval of such trademark and dye designation and acknowledgement Vendor. All use of Vendor Trademarks shall be comparable to the font size and style of the text describing the LTC PRODUCTS or OI PRODUCTS in such product inserts, advertisements and sales literature. OI shall use only displays, labels, forms, and other paper or similar products imprinted with such colors and trademarks as are prescribed from time to time by LTC (including but not limited to size, design, and color of such trademarks). At the request of LTC, OI shall provide a reasonable number of OI PRODUCTS sufficient to verify that product quality standards consistent with the AIM V® trademark have been met. 10.2 All uses and goodwill associated with the LTC TRADEMARK RIGHTS will inure to the benefit of LTC. OI shall not registerVendor. (b) Vendor acknowledges that the Reseller Trademarks are trademarks owned solely and exclusively by Reseller, nor attempt to register, nor aid any AFFILIATE or THIRD PARTY in the foreign registration of any trademarks included in LTC TRADEMARK RIGHTS unless LTC has given express written approval for such registration. No right or license is granted and agrees to use the trademarks included Reseller Trademarks only in LTC TRADEMARK RIGHTS in the form and manner and with appropriate legends as prescribed by Reseller. Vendor agrees not to use any other trademark or service mark ▇▇ connection with any materials of the Reseller Trademarks without prior written approval of Reseller. All use of Reseller Trademarks shall inure to the benefit of Reseller. (c) Reseller shall indemnify and hold Vendor harmless from and against any and all liabilities, losses, damages, costs and expenses (including legal fees and expenses) associated with any claim or action brought against Vendor that do not contain LTC PRODUCTSmay arise from Reseller's improper or unauthorized replication, packaging, marketing, distribution, or installation of the Software, including claims based on representations, warranties, or misrepresentations made by Reseller. (d) BOTH PARTIES LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES. ▇▇.▇▇▇.▇▇▇▇▇▇ Agreement 10.3 OI shall promptly notify LTC in writing of any IN NO EVENT WILL EITHER PARTY BE LIABLE FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY THE OTHER PARTY, EVEN IF IT HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RESELLER STATES AND VENDOR ACKNOWLEDGES THAT THE BENEFITS OF THIS AGREEMENT ARE A MATERIAL INDUCEMENT TO RESELLER TO ENTER INTO THE CO-HOSTING AGREEMENT AND, IN THE EVENT OF A TERMINATION OF THIS AGREEMENT BY VENDOR FOR AN ALLEGED MATERIAL RESELLER BREACH WHICH IS HELD NOT TO BE A MATERIAL BREACH IN FACT, THE COURT SHALL CONSIDER IN ASSESSING DAMAGES HEREUNDER THE CO-HOSTING FEES AND ANY AMOUNTS PAID BY ANY SUCCESSOR THIRD PARTY claim made against OI, its AFFILIATES, or its DISTRIBUTORS that any LTC TRADEMARK RIGHTS used by OI, infringes any trademark or similar proprietary right of any party. LTC shall determine, in its sole discretion, an appropriate response to such claimSITE MANAGER FOR THE RIGHT TO PERFORM SIMILAR WEB SITE SERVICES FOR VENDOR WITHIN ONE YEAR OF THE TERMINATION.

Trademark Use. 10.1 OI shall (a) Reseller acknowledges that the Vendor Trademarks are trademarks owned solely and exclusively by Vendor, and agrees to use the AIM V® trademark, according Vendor Trademarks only in the form and manner and with appropriate legends as prescribed by Vendor. Reseller agrees not to format set forth in Exhibit B (LTC PRODUCTS), in product inserts, advertisements and sales literature (including Web based literature), and on the product labels where space permits, to identify the LTC PRODUCTS in OI PRODUCTS, and shall acknowledge LTC’s ownership use any other trademark or service mark ▇▇ connection with any of the trademark when so used; and the font size and style Vendor Trademarks without prior written approval of such trademark and dye designation and acknowledgement Vendor. All use of Vendor Trademarks shall be comparable to the font size and style of the text describing the LTC PRODUCTS or OI PRODUCTS in such product inserts, advertisements and sales literature. OI shall use only displays, labels, forms, and other paper or similar products imprinted with such colors and trademarks as are prescribed from time to time by LTC (including but not limited to size, design, and color of such trademarks). At the request of LTC, OI shall provide a reasonable number of OI PRODUCTS sufficient to verify that product quality standards consistent with the AIM V® trademark have been met. 10.2 All uses and goodwill associated with the LTC TRADEMARK RIGHTS will inure to the benefit of LTC. OI shall not registerVendor. (b) Vendor acknowledges that the Reseller Trademarks are trademarks owned solely and exclusively by Reseller, nor attempt to register, nor aid any AFFILIATE or THIRD PARTY in the foreign registration of any trademarks included in LTC TRADEMARK RIGHTS unless LTC has given express written approval for such registration. No right or license is granted and agrees to use the trademarks included Reseller Trademarks only in LTC TRADEMARK RIGHTS in the form and manner and with appropriate legends as prescribed by Reseller. Vendor agrees not to use any other trademark or service mark ▇▇ connection with any materials of the Reseller Trademarks without prior written approval of Reseller. All use of Reseller Trademarks shall inure to the benefit of Reseller. (c) Reseller shall indemnify and hold Vendor harmless from and against any and all liabilities, losses, damages, costs and expenses (including legal fees and expenses) associated with any claim or action brought against Vendor that do not contain LTC PRODUCTS. ▇▇.▇▇▇.▇▇▇▇▇▇ Agreement 10.3 OI shall promptly notify LTC in writing of any THIRD PARTY claim made against OImay arise from Reseller's improper or unauthorized replication, its AFFILIATESpackaging, marketing, distribution, or its DISTRIBUTORS that any LTC TRADEMARK RIGHTS used installation of the Software, including claims based on representations, warranties, or misrepresentations made by OIReseller. (d) BOTH PARTIES LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR INCIDENTAL, infringes any trademark or similar proprietary right of any partySPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY THE OTHER PARTY, EVEN IF IT HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LTC shall determineRESELLER STATES AND VENDOR ACKNOWLEDGES THAT THE BENEFITS OF THIS AGREEMENT ARE A MATERIAL INDUCEMENT TO RESELLER TO ENTER INTO [*] AND, in its sole discretionIN THE EVENT OF A TERMINATION OF THIS AGREEMENT BY VENDOR FOR AN ALLEGED MATERIAL RESELLER BREACH WHICH IS HELD NOT TO BE A MATERIAL BREACH IN FACT, an appropriate response * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to such claimthe omitted portions.

Trademark Use. 10.1 OI shall (a) Atmel hereby grants to Buyer Licensees, effective as of the Closing for a period of 135 days from the Closing Date, worldwide, royalty free, non-exclusive license to use the AIM V® trademark, according to format set forth in Exhibit B (LTC PRODUCTS)Licensed Trademarks, in product insertssuch territories as such Licensed Trademarks are currently being used, advertisements without modification solely in connection with the marketing, support, offering, sale and sales literature (promotion of the units of Finished Goods acquired by Buyer from Atmel pursuant to this Agreement, including Web based literature)any use in connection with Buyer Licensees’ use and sale of any products, packaging and collateral material acquired from Atmel, and on solely in the product labels where space permits, manner and forms in which such Licensed Trademarks are used by Atmel immediately prior to identify the LTC PRODUCTS in OI PRODUCTSClosing. (b) Without limiting, and shall acknowledge LTC’s ownership of in addition to, the trademark when so used; and foregoing, Buyer Licensees may continue to use indefinitely the font size and style of such trademark and dye designation and acknowledgement shall be comparable to the font size and style of the text describing the LTC PRODUCTS or OI PRODUCTS in such product insertsLicensed Trademarks on any tangible reticle, advertisements and sales literature. OI shall use only displayscircuit board layout, labels, formsmold, and other paper tangible materials acquired from Atmel or similar the Selling Subsidiaries that include Licensed Trademarks if such Licensed Trademark is not readily apparent to a purchaser of products imprinted with manufactured using such colors and trademarks as are prescribed from time reticle, circuit board layout, mold or other tangible material (but only to time by LTC (including but not limited the extent that Buyer otherwise has the right to sizeuse such reticle, designcircuit board layout, and color of such trademarksmold or other tangible material). At the request of LTC, OI shall provide a reasonable number of OI PRODUCTS sufficient to verify that product quality standards consistent with the AIM V® trademark have been met. 10.2 All uses (c) Buyer Licensee shall maintain the quality of the goods with which such Licensed Trademarks are used and visible at at least the same level maintained by Atmel prior to the Closing. Without limiting the foregoing, the Buyer Licensees shall not use the Licensed Trademarks in a manner that detracts from the goodwill associated with such Licensed Trademarks. Licensee’s use of the LTC TRADEMARK RIGHTS will inure to Licensed Trademarks must comply with all instructions, practices or requirements of Atmel, including any and all trademark usage guidelines (available as of the benefit of LTC. OI shall not register, nor attempt to register, nor aid any AFFILIATE or THIRD PARTY in the foreign registration of any trademarks included in LTC TRADEMARK RIGHTS unless LTC has given express written approval for such registration. No right or license is granted to use the trademarks included in LTC TRADEMARK RIGHTS in connection with any materials that do not contain LTC PRODUCTS. date hereof at ▇▇.▇▇://▇▇▇▇▇.▇▇▇▇▇▇ Agreement/general/trademark_guidelines.asp) provided or made available to Licensee by Atmel. All goodwill associated with the use of such Licensed Trademarks shall inure to the sole benefit of Atmel. 10.3 OI (d) Atmel shall promptly notify LTC have the right to monitor the quality of Buyer Licensees’ goods and services that are offered in writing connection with the Licensed Trademarks, and Buyer Licensees shall provide reasonable assistance to Atmel in such monitoring by providing, at Atmel’s request and expense, samples of such goods and services and extending other reasonable cooperation to Atmel. (e) Buyer will not use as a Trademark any THIRD PARTY claim made against OI, its AFFILIATES, or its DISTRIBUTORS that any LTC TRADEMARK RIGHTS used by OI, infringes any trademark or similar proprietary right Trademarks of any party. LTC shall determine, Atmel except as expressly permitted in its sole discretion, an appropriate response to such claimthis Section 3.10.

Trademark Use. 10.1 OI shall 3.1 Adobe grants to Distributor and Distributor accepts, a worldwide, non-exclusive, non-transferable, personal right to use and distribute, under the terms of this Agreement, the “Includes Adobe Acrobat Reader DC” button for print media or such additional or replacement button(s) or logos as Adobe may provide under this agreement (the “Trademarks”). Distributor may use the AIM V® trademark, according to format set forth Trademarks solely in Exhibit B (LTC PRODUCTS), in product inserts, advertisements and sales literature (including Web based literature), and on conjunction with the product labels where space permits, to identify the LTC PRODUCTS in OI PRODUCTS, and shall acknowledge LTC’s ownership permitted forms of distribution of the trademark when Software specified in Section 2 of this agreement, so used; and the font size and style of long as such trademark and dye designation and acknowledgement shall be comparable to the font size and style of the text describing the LTC PRODUCTS or OI PRODUCTS in such product inserts, advertisements and sales literature. OI shall use only displays, labels, forms, and other paper or similar products imprinted also complies with such colors and trademarks (as are prescribed from time to time by LTC applicable) the: (including but not limited to size, design, and color of such trademarks). At the request of LTC, OI shall provide a reasonable number of OI PRODUCTS sufficient to verify that product quality standards consistent with the AIM V® trademark have been met. 10.2 All uses and goodwill associated with the LTC TRADEMARK RIGHTS will inure to the benefit of LTC. OI shall not register, nor attempt to register, nor aid any AFFILIATE or THIRD PARTY in the foreign registration of any trademarks included in LTC TRADEMARK RIGHTS unless LTC has given express written approval for such registration. No right or license is granted to use the trademarks included in LTC TRADEMARK RIGHTS in connection with any materials that do not contain LTC PRODUCTS. A) “‘Includes Adobe Acrobat Reader DC’ Button Guidelines” at ▇▇.▇▇▇://▇▇▇.▇▇▇▇▇▇ Agreement.▇▇▇/legal/agreement.html; 10.3 OI shall promptly notify LTC (B) Any additional guidelines provided by Adobe to Distributor in writing writing; and (C) the “General Trademark Guidelines” at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/legal/permissions/trademarks.html. Use of the Trademarks does not give Distributor any right, title, or interest in the Trademarks, other than the license rights granted herein. Distributor may not assign, transfer or sublicense any trademark right granted herein without the prior written consent of Adobe. Distributor agrees not to use the Trademarks in any way that will disparage Adobe or its products, injure Adobe’s reputation for high quality or otherwise diminish or damage Adobe’s goodwill in the Trademarks or infringe Adobe’s intellectual property. Distributor acknowledges the validity of the Trademarks and Adobe’s sole ownership of the Trademarks, and that Adobe retains all right, title, and interest in and to the Trademarks. Distributor recognizes the value of the goodwill associated with the Trademarks and acknowledges that such goodwill inures exclusively to the benefit of and belongs to Adobe. Distributor will employ best efforts to use the Trademarks in a manner that does not derogate from Adobe’s rights in the Trademarks and will take no action that will interfere with or diminish Adobe’s rights in the Trademarks. Distributor may not use the Trademarks in any way as an endorsement or sponsorship by Adobe of any THIRD PARTY claim made against OIproduct or service. Distributor agrees not to adopt or use a trademark, its AFFILIATESservice mark, or any other designation confusingly similar to the Trademarks. Further, Distributor agrees to use the Trademarks only in connection with products that: (A) meet or exceed all applicable U.S. and foreign labeling and packaging laws and regulations; (B) are advertised in compliance with all applicable U.S. and foreign fair advertising laws and regulations; (C) comply with all other applicable U.S. and foreign laws and regulations; (D) support Adobe products if indicated on packaging and/or advertising materials for Distributor’s products; (E) are of a quality and reputation consistent with the high quality of Adobe products and services; and (F) are advertised in a manner consistent with industry standards. Distributor will notify Adobe of the locations of its DISTRIBUTORS use of the Trademarks and furnish Adobe with suitable specimens of such use. Pursuant to Section 8, Adobe may request copies of Distributor Product to determine if uses of the Trademarks are appropriate; Distributor may not disseminate Distributor Product if Adobe does not approve the uses. Distributor will assist in monitoring and maintaining the quality and form of use of the Trademarks. Adobe may review Distributor’s use of the Trademarks at any time to evaluate its compliance with the quality standards described in this agreement. If at any time Adobe determines that Distributor is not maintaining adequate quality standards, Distributor is in breach of this agreement and subject to the termination provisions of in Section 13. Distributor must immediately remedy any LTC TRADEMARK RIGHTS used by OI, infringes any trademark or similar proprietary right material deficiencies in its use of the Trademarks upon reasonable notice from Adobe. Adobe makes no warranties of any partykind, either express or implied, with respect to the Trademarks. LTC shall determineAdobe will not be liable to Distributor for any consequential, incidental, or special damages (including loss of business profits) arising from or related to Distributor’s use of the Trademarks, even if Adobe has been advised of the possibility of such damages. If Adobe provides Distributor with a substitute Trademark(s), Distributor will bear all liability for continued use of the previous Trademark(s). 3.2 Adobe and Adobe Acrobat Reader DC are either registered trademarks or trademarks of Adobe Inc. in its sole discretion, an appropriate response to such claimthe United States and/or other countries.

Trademark Use. 10.1 OI shall (a) Reseller acknowledges that the Vendor Trademarks are trademarks owned solely and exclusively by Vendor, and agrees to use the AIM V® trademark, according Vendor Trademarks only in the form and manner and with appropriate legends as prescribed by Vendor. Reseller agrees not to format set forth in Exhibit B (LTC PRODUCTS), in product inserts, advertisements and sales literature (including Web based literature), and on the product labels where space permits, to identify the LTC PRODUCTS in OI PRODUCTS, and shall acknowledge LTC’s ownership use any other trademark or service mark ▇▇ connection with any of the trademark when so used; and the font size and style Vendor Trademarks without prior written approval of such trademark and dye designation and acknowledgement Vendor. All use of Vendor Trademarks shall be comparable to the font size and style of the text describing the LTC PRODUCTS or OI PRODUCTS in such product inserts, advertisements and sales literature. OI shall use only displays, labels, forms, and other paper or similar products imprinted with such colors and trademarks as are prescribed from time to time by LTC (including but not limited to size, design, and color of such trademarks). At the request of LTC, OI shall provide a reasonable number of OI PRODUCTS sufficient to verify that product quality standards consistent with the AIM V® trademark have been met. 10.2 All uses and goodwill associated with the LTC TRADEMARK RIGHTS will inure to the benefit of LTC. OI shall not registerVendor. (b) Vendor acknowledges that the Reseller Trademarks are trademarks owned solely and exclusively by Reseller, nor attempt to register, nor aid any AFFILIATE or THIRD PARTY in the foreign registration of any trademarks included in LTC TRADEMARK RIGHTS unless LTC has given express written approval for such registration. No right or license is granted and agrees to use the trademarks included Reseller Trademarks only in LTC TRADEMARK RIGHTS in the form and manner and with appropriate legends as prescribed by Reseller. Vendor agrees not to use any other trademark or service mark ▇▇ connection with any materials of the Reseller Trademarks without prior written approval of Reseller. All use of Reseller Trademarks shall inure to the benefit of Reseller. (c) Reseller shall indemnify and hold Vendor harmless from and against any and all liabilities, losses, damages, costs and expenses (including legal fees and expenses) associated with any claim or action brought against Vendor that do not contain LTC PRODUCTS. ▇▇.▇▇▇.▇▇▇▇▇▇ Agreement 10.3 OI shall promptly notify LTC in writing of any THIRD PARTY claim made against OImay arise from Reseller's improper or unauthorized replication, its AFFILIATESpackaging, marketing, distribution, or its DISTRIBUTORS that any LTC TRADEMARK RIGHTS used installation of the Software, including claims based on representations, warranties, or misrepresentations made by OIReseller. (d) BOTH PARTIES' LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR INCIDENTAL, infringes any trademark or similar proprietary right of any partySPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY THE OTHER PARTY, EVEN IF IT HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LTC shall determine, in its sole discretion, an appropriate response to such claim.RESELLER STATES AND VENDOR ACKNOWLEDGES THAT THE BENEFITS OF THIS AGREEMENT ARE A

Trademark Use. 10.1 OI shall (a) Reseller acknowledges that the Vendor Trademarks are trademarks owned solely and exclusively by Vendor, and agrees to use the AIM V® trademark, according Vendor Trademarks only in the form and manner and with appropriate legends as prescribed by Vendor. Reseller agrees not to format set forth in Exhibit B (LTC PRODUCTS), in product inserts, advertisements and sales literature (including Web based literature), and on the product labels where space permits, to identify the LTC PRODUCTS in OI PRODUCTS, and shall acknowledge LTC’s ownership use any other trademark or service mark ▇▇ connection with any of the trademark when so used; and the font size and style Vendor Trademarks without prior written approval of such trademark and dye designation and acknowledgement Vendor. All use of Vendor Trademarks shall be comparable to the font size and style of the text describing the LTC PRODUCTS or OI PRODUCTS in such product inserts, advertisements and sales literature. OI shall use only displays, labels, forms, and other paper or similar products imprinted with such colors and trademarks as are prescribed from time to time by LTC (including but not limited to size, design, and color of such trademarks). At the request of LTC, OI shall provide a reasonable number of OI PRODUCTS sufficient to verify that product quality standards consistent with the AIM V® trademark have been met. 10.2 All uses and goodwill associated with the LTC TRADEMARK RIGHTS will inure to the benefit of LTC. OI shall not registerVendor. (b) Vendor acknowledges that the Reseller Trademarks are trademarks owned solely and exclusively by Reseller, nor attempt to register, nor aid any AFFILIATE or THIRD PARTY in the foreign registration of any trademarks included in LTC TRADEMARK RIGHTS unless LTC has given express written approval for such registration. No right or license is granted and agrees to use the trademarks included Reseller Trademarks only in LTC TRADEMARK RIGHTS in the form and manner and with appropriate legends as prescribed by Reseller. Vendor agrees not to use any other trademark or service mark ▇▇ connection with any materials of the Reseller Trademarks without prior written approval of Reseller. All use of Reseller Trademarks shall inure to the benefit of Reseller. (c) Reseller shall indemnify and hold Vendor harmless from and against any and all liabilities, losses, damages, costs and expenses (including legal fees and expenses) associated with any claim or action brought against Vendor that do not contain LTC PRODUCTS. ▇▇.▇▇▇.▇▇▇▇▇▇ Agreement 10.3 OI shall promptly notify LTC in writing of any THIRD PARTY claim made against OImay arise from Reseller's improper or unauthorized replication, its AFFILIATESpackaging, marketing, distribution, or its DISTRIBUTORS that any LTC TRADEMARK RIGHTS used installation of the Software, including claims based on representations, warranties, or misrepresentations made by OI, infringes any trademark or similar proprietary right of any partyReseller. (d) [*] * CERTAIN CONFIDENTIAL INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. LTC shall determine, in its sole discretion, an appropriate response to such claim.[*]

Trademark Use. 10.1 OI shall 3.1 Adobe grants to Distributor and Distributor accepts, a worldwide, non-exclusive, non-transferable, personal right to use and distribute, under the terms of this Agreement, the “Includes Adobe Acrobat Reader” button for print media or such additional or replacement button(s) or logos as Adobe may provide under this agreement (the “Trademarks”). Distributor may use the AIM V® trademark, according to format set forth Trademarks solely in Exhibit B (LTC PRODUCTS), in product inserts, advertisements and sales literature (including Web based literature), and on conjunction with the product labels where space permits, to identify the LTC PRODUCTS in OI PRODUCTS, and shall acknowledge LTC’s ownership permitted forms of distribution of the trademark when Software specified in Section 2 of this agreement, so used; and the font size and style of long as such trademark and dye designation and acknowledgement shall be comparable to the font size and style of the text describing the LTC PRODUCTS or OI PRODUCTS in such product inserts, advertisements and sales literature. OI shall use only displays, labels, forms, and other paper or similar products imprinted also complies with such colors and trademarks (as are prescribed from time to time by LTC applicable) the: (including but not limited to size, design, and color of such trademarks). At the request of LTC, OI shall provide a reasonable number of OI PRODUCTS sufficient to verify that product quality standards consistent with the AIM V® trademark have been met. 10.2 All uses and goodwill associated with the LTC TRADEMARK RIGHTS will inure to the benefit of LTC. OI shall not register, nor attempt to register, nor aid any AFFILIATE or THIRD PARTY in the foreign registration of any trademarks included in LTC TRADEMARK RIGHTS unless LTC has given express written approval for such registration. No right or license is granted to use the trademarks included in LTC TRADEMARK RIGHTS in connection with any materials that do not contain LTC PRODUCTS. A) “‘Includes Adobe Acrobat Reader ’Button Guidelines” at ▇▇.▇▇▇://▇▇▇.▇▇▇▇▇▇ Agreement.▇▇▇/legal/agreement.html; 10.3 OI shall promptly notify LTC (B) Any additional guidelines provided by Adobe to Distributor in writing writing; and (C) the “General Trademark Guidelines” at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/legal/permissions/trademarks.html. Use of the Trademarks does not give Distributor any right, title, or interest in the Trademarks, other than the license rights granted herein. Distributor may not assign, transfer or sublicense any trademark right granted herein without the prior written consent of Adobe. Distributor agrees not to use the Trademarks in any way that will disparage Adobe or its products, injure Adobe’s reputation for high quality or otherwise diminish or damage Adobe’s goodwill in the Trademarks or infringe Adobe’s intellectual property. Distributor acknowledges the validity of the Trademarks and Adobe’s sole ownership of the Trademarks, and that Adobe retains all right, title, and interest in and to the Trademarks. Distributor recognizes the value of the goodwill associated with the Trademarks and acknowledges that such goodwill inures exclusively to the benefit of and belongs to Adobe. Distributor will employ best efforts to use the Trademarks in a manner that does not derogate from Adobe’s rights in the Trademarks and will take no action that will interfere with or diminish Adobe’s rights in the Trademarks. Distributor may not use the Trademarks in any way as an endorsement or sponsorship by Adobe of any THIRD PARTY claim made against OIproduct or service. Distributor agrees not to adopt or use a trademark, its AFFILIATESservice mark, or any other designation confusingly similar to the Trademarks. Further, Distributor agrees to use the Trademarks only in connection with products that: (A) meet or exceed all applicable U.S. and foreign labeling and packaging laws and regulations; (B) are advertised in compliance with all applicable U.S. and foreign fair advertising laws and regulations; (C) comply with all other applicable U.S. and foreign laws and regulations; (D) support Adobe products if indicated on packaging and/or advertising materials for Distributor’s products; (E) are of a quality and reputation consistent with the high quality of Adobe products and services; and (F) are advertised in a manner consistent with industry standards. Distributor will notify Adobe of the locations of its DISTRIBUTORS use of the Trademarks and furnish Adobe with suitable specimens of such use. Pursuant to Section 8, Adobe may request copies of Distributor Product to determine if uses of the Trademarks are appropriate; Distributor may not disseminate Distributor Product if Adobe does not approve the uses. Distributor will assist in monitoring and maintaining the quality and form of use of the Trademarks. Adobe may review Distributor’s use of the Trademarks at any time to evaluate its compliance with the quality standards described in this agreement. If at any time Adobe determines that Distributor is not maintaining adequate quality standards, Distributor is in breach of this agreement and subject to the termination provisions of in Section 13. Distributor must immediately remedy any LTC TRADEMARK RIGHTS used by OI, infringes any trademark or similar proprietary right material deficiencies in its use of the Trademarks upon reasonable notice from Adobe. Adobe makes no warranties of any partykind, either express or implied, with respect to the Trademarks. LTC shall determineAdobe will not be liable to Distributor for any consequential, incidental, or special damages (including loss of business profits) arising from or related to Distributor’s use of the Trademarks, even if Adobe has been advised of the possibility of such damages. If Adobe provides Distributor with a substitute Trademark(s), Distributor will bear all liability for continued use of the previous Trademark(s). 3.2 Adobe and Adobe Acrobat Reader are either registered trademarks or trademarks of Adobe Inc. in its sole discretion, an appropriate response to such claimthe United States and/or other countries.