DSS shall have the sole right to, and in its sole discretion may, commence, prosecute or defend, and control any action concerning the Technology Marks.
DSS will have no obligation to indemnify Ergonomic or Ergonomic personnel for claims that DSS's Technology, Improvements, Technology Marks, and/or Confidential Information, infringe the intellectual property rights of a third party to the extent such claims arise solely as a result of Ergonomic's implementation of DSS's Technology with software and/or hardware not furnished or authorized by DSS, and provided such infringement or claim would have been avoided by using some other reasonable implementation.
Nothing in this Agreement or in the performance thereof, or that might otherwise be implied by law, shall operate to grant Licensee any right, title, or interest in or to the Technology Marks, other than as specified in the limited license grant set forth herein.
During the Term, Licensee agrees to use DSS' Technology Marks in accordance with the usage guidelines attached hereto as Exhibit A.
Licensee shall not contest the validity of, by act or omission jeopardize, or take any action inconsistent with, DSS' rights or goodwill in the Technology Marks, including attempted registration of the Technology Marks, or use or attempted registration of any mark similar thereto.