License; Ownership. (a) Each party hereby grants to the other party, during the Term of this Agreement, a non-exclusive, non-transferable license to use its names, logos, trademarks and service marks, copyrights and proprietary technology solely as reasonably necessary to perform its obligations under this Agreement; provided, however, that any promotional materials containing a party's name will be subject to the other party's prior written approval. (b) Each party owns and shall retain all right, title and interest in its names, logos, trademarks and service marks, copyrights and proprietary technology including without limitation, those names, logos, trademarks and service marks, copyrights and proprietary technology currently used or any which may be developed in the future. No party shall copy, distribute, reproduce or use the other 11 [Confidential treatment requested for redacted portions of document] parties' names, logos, trademarks and service marks, copyrights and proprietary technology except as expressly permitted under this Agreement. Upon notice from a party, the other party shall immediately terminate the use of any advertising materials using the notifying party's name or logo. (c) No party shall contest or impair, directly or indirectly, the other parties' ownership of any of such other party's names, logos, trademarks and service marks, copyrights, Proprietary Features and proprietary technology, anywhere, nor the fact that the use of such names, logos, trademarks and service marks, copyrights and proprietary technology by it will inure to the benefit of the other party. No party will assist others to contest or impair the same and each party hereby expressly acknowledges the other parties' superior rights therein.
Appears in 2 contracts
Sources: Linking Agreement (Cdnow Inc), Linking Agreement (Cdnow Inc)
License; Ownership. (a) Each party hereby grants to the other party, during the Term of this Agreement, a non-exclusive, non-transferable license to use its names, logos, trademarks and service marks, copyrights and proprietary technology solely as reasonably necessary to perform its obligations under this Agreement; : provided, however, that any promotional materials containing a party's name will be subject to the other party's prior written approval.
(b) Each party owns and shall retain all right, title and interest in its names, logos, trademarks and service marks, copyrights and proprietary technology including without limitation, those names, logos, trademarks and service marks, copyrights and proprietary technology currently used or any which may be developed in the future. No Neither party shall copy, distribute, reproduce or use the other 11 [Confidential treatment requested for redacted portions of document] parties' party's names, logos, trademarks and service marks, copyrights and proprietary technology except as expressly permitted under this Agreement. Upon notice from a the one party, the other party shall immediately terminate the use of any advertising materials using the notifying party's name or logo.
(c) No Neither party shall contest or impair, directly or indirectly, the other parties' party's ownership of any of such other party's names, logos, trademarks and service marks, copyrights, Proprietary Features and proprietary technology, anywhere, nor the fact that the use of such names, logos, trademarks and service marks, copyrights and proprietary technology by it will inure to the benefit of the other party. No Neither party will assist others to contest or impair the same and each party hereby expressly acknowledges the other parties' party's superior rights therein.
Appears in 1 contract
Sources: Linking Agreement (Cdnow Inc)