Common use of Licensed Marks Clause in Contracts

Licensed Marks. Subject to the provisions of this Agreement, DCA hereby grants to Licensee the right and license to use one or more of DCA's trademarks, service marks, trade names, logotypes and commercial symbols (collectively, the "Licensed Marks") in connection with the Dental Office. Notwithstanding the foregoing, Licensee shall only display or otherwise use the Licensed Marks in the manner or manners approved or designated by DCA in writing. Each such display or use of one or more of the Licensed Marks shall clearly identify Licensee as a licensee of such Licensed Marks, and not the owner or licensor thereof. Nothing contained herein gives Licensee any interest in or to any of the Licensed Marks or any component thereof, nor the goodwill now or hereafter attached thereto, except for the right to use such Licensed Marks as authorized by DCA, pursuant to and for the term of this Agreement, solely in connection with the operation of Licensee's Dental Office. Licensee shall not use the Licensed Marks as part of any other corporate or trade name or with any prefix, suffix or other modifying words, terms, designs or symbols, or in any modified form, nor may Licensee use any Licensed Mark in connection with sale of any unauthorized product or serve or ▇▇ any other manner not expressly authorized in writing by DCA. Licensee shall not engage in or permit any act calculated to prejudice, affect, impair or destroy the title or interest of DCA in and to any of the Licensed Marks or any related or similar name. In addition, Licensee shall immediately notify DCA of any apparent infringement of one or more of the Licensed Marks by any third party or any challenge to Licensee's use of any of the Licensed Marks. In such instance, Licensee shall not communicate with any person other than DCA and Licensee's counsel with respect to such infringement or challenge. In addition, Licensee shall cooperate fully with DCA in defense and protection of the Licensed Marks in question. Notwithstanding the foregoing, DCA shall have sole discretion to take such action as it deems appropriate and to exclusively control any litigation or administrative proceedings arising out of any infringement, challenge or claim regarding any one or more of the Licensed Marks. Licensee agrees to execute any and all instruments and documents, render such assistance and do such acts and things as may, in the opinion of DCA's counsel, be necessary or advisable to protect and maintain the interests of DCA in any such proceeding or to otherwise protect and maintain the interests of DCA in and to the Licensed Marks. Except as specifically provided herein, DCA shall not otherwise be obligated to protect or defend any of the Licensed Marks in any litigation or administrative proceeding arising out of any infringement, challenge or claim if it elects not to do so in its sole discretion. If for any reason DCA or Licensee is ultimately prohibited from using any one or more of the Licensed Marks, Licensee shall not be entitled to any compensation therefor, nor shall compensation be paid by DCA to Licensee as a result thereof. Further, Licensee may, immediately upon the request of DCA, be required to modify or discontinue the use of one or more of the Licensed Marks, or to use one or more additional or substitute trademarks, service marks, trade names, logotypes or other commercial symbols in lieu of one or more of the Licensed Marks, in connection with the Dental Office.

Licensed Marks. Subject to the provisions of this Agreement, DCA hereby grants to Licensee the right and license to use one or more of DCA's trademarks, service marks, trade names, logotypes and commercial symbols (collectively, the "a) The Licensed Marks") Marks shall be used only in connection with the Dental OfficeVSC Technology. Notwithstanding the foregoing, Licensee LLC shall only display or otherwise use cause appropriate indicia of TMS's ownership of the Licensed Marks to appear on all promotional materials using the Licensed Marks. (b) LLC may use its own trademarks in conjunction with the Licensed Marks. (c) LLC acknowledges TMS's right to control quality regarding the nature and quality of the Licensed Software sold under the Licensed Marks. LLC agrees to the quality standards as TMS has or shall establish regarding the manner or manners approved or designated by DCA in writingof the Licensed Marks' use. Each such display or TMS reserves the right to inspect the use of one or more the Licensed Marks and LLC agrees to provide examples of its use every six (6) months and as requested by TMS. All use of the Licensed Marks shall clearly identify Licensee as a licensee terminate upon the termination of such this Agreement. (d) LLC acknowledges the validity of TMS's ownership, right, title and interest in and to the Licensed Marks, and not including TMS's rights to register or to have registered as the owner of any or licensor thereof. Nothing contained herein gives Licensee any interest in or to any all of the Licensed Marks or any component thereof, nor under the goodwill now or hereafter attached thereto, except for the right to use such Licensed Marks as authorized by DCA, pursuant to and for the term of this Agreement, solely in connection with the operation of Licensee's Dental Office. Licensee shall not use the Licensed Marks as part laws of any other corporate or trade name or with any prefix, suffix or other modifying words, terms, designs or symbols, or in any modified form, nor may Licensee use any Licensed Mark in connection with sale of any unauthorized product or serve or ▇▇ any other manner not expressly authorized in writing by DCAjurisdiction. Licensee shall not engage in or permit any act calculated to prejudice, affect, impair or destroy the title or interest of DCA in and to any of the Licensed Marks or any related or similar name. In addition, Licensee shall immediately notify DCA of any apparent infringement of one or more of the Licensed Marks by any third party or any challenge to Licensee's All use of any of the Licensed Marks. In such instance, Licensee Marks by LLC shall not communicate with inure to the sole benefit of TMS in any person other than DCA and Licensee's counsel with respect to such infringement or challenge. In addition, Licensee shall cooperate fully with DCA in defense and protection of the Licensed Marks in questionall jurisdictions. Notwithstanding the foregoing, DCA shall have sole discretion to take such action as it deems appropriate and to exclusively control any litigation or administrative proceedings arising out of any infringement, challenge or claim regarding any one or more of the Licensed Marks. Licensee agrees to execute any and all instruments and documents, render such assistance and do such acts and things as may, in the opinion of DCA's counsel, be necessary or advisable to protect and maintain the interests of DCA in any such proceeding or to otherwise protect and maintain the interests of DCA in and to the Licensed Marks. Except as specifically provided herein, DCA shall not otherwise be obligated to protect or defend if any of the Licensed Marks are found to be invalid or generic in a court of law or by a decision of the Trademark Office of any jurisdiction, and such decision is not appealed or is not ultimately overturned, then LLC shall no longer be required to treat the Licensed Marks as trademarks of TMS or to be bound by the restrictions of this Agreement concerning their use, in the nation in which the decision was rendered. (e) LLC shall not at any time do or suffer to be done any act or thing which will in any litigation way impair the rights of TMS in and to such Licensed Marks. If in the reasonable business judgment of TMS any act or administrative proceeding arising out failure to act by LLC constitutes a danger to the value or validity or ownership of any infringement, challenge or claim if it elects not to do so in its sole discretion. If for any reason DCA or Licensee is ultimately prohibited from using any one or more of the Licensed Marks, Licensee shall not be entitled then TMS may in lieu of or in addition to any compensation therefor, nor shall compensation be paid by DCA other remedy available to Licensee as a result thereof. Further, Licensee may, immediately upon it (including termination of the request of DCA, be required License) give notice to modify LLC describing the danger and may suspend in whole or discontinue the in part LLC's right to use of one or more of the Licensed Marks, or to use one or more additional or substitute trademarks, service marks, trade names, logotypes or other commercial symbols in lieu of one or more effective on LLC's receipt of the Licensed Marks, in connection with notice. The suspension shall continue until TMS reasonably determines that the Dental Officedanger no longer exists.

Licensed Marks. Subject to the provisions of this Agreement, DCA hereby grants to Licensee the right and license to use one or more of DCA's trademarks, service marks, trade names, logotypes and commercial symbols (collectively, the "a) The Licensed Marks") Marks shall be used only in connection with the Dental Officesale, license, sublicense or distribution of the Products described in Annex "A" and may not be used to identify any other product, whether or not licensed under this Agreement. Notwithstanding the foregoing, Licensee Marquette shall only display or otherwise use the Licensed Marks in the manner or manners approved or designated by DCA in writing. Each such display or use cause appropriate indicia of one or more DCC's ownership of the Licensed Marks shall clearly identify Licensee as a licensee to appear on or within each of such the Products, on all packaging materials bearing the Licensed Marks, and on all advertising using the Licensed Marks. (b) Marquette may use its own trademarks in conjunction with the Licensed Marks. (c) DCC is familiar with Marquette's advertising practices; in view of that familiarity, Marquette need not obtain DCC's prior approval of proposed advertising using the Licensed Marks, but shall instead furnish DCC with representative samples of such advertising from time to time or as reasonably requested by DCC. DCC may, in its business judgment at any time and/or from time to time, give notice to Marquette that subsequent advertising will require prior approval by DCC. (d) Marquette acknowledges the validity of DCC's ownership, right, title and interest in and to the Licensed Marks, including DCC's rights to register or to have registered as the owner of any or licensor thereof. Nothing contained herein gives Licensee any interest in or to any all of the Licensed Marks or any component thereof, nor under the goodwill now or hereafter attached thereto, except for the right to use such Licensed Marks as authorized by DCA, pursuant to and for the term of this Agreement, solely in connection with the operation of Licensee's Dental Office. Licensee shall not use the Licensed Marks as part laws of any other corporate or trade name or with any prefix, suffix or other modifying words, terms, designs or symbols, or in any modified form, nor may Licensee use any Licensed Mark in connection with sale of any unauthorized product or serve or ▇▇ any other manner not expressly authorized in writing by DCAjurisdiction. Licensee shall not engage in or permit any act calculated to prejudice, affect, impair or destroy the title or interest of DCA in and to any of the Licensed Marks or any related or similar name. In addition, Licensee shall immediately notify DCA of any apparent infringement of one or more of the Licensed Marks by any third party or any challenge to Licensee's All use of any of the Licensed Marks. In such instance, Licensee Marks by Marquette shall inure to the sole benefit of DCC in any and all jurisdictions. (e) Marquette shall not communicate with at any person other than DCA time do or suffer to be done any act or thing which will in any way impair the rights of DCC in and Licensee's counsel with respect to such infringement or challenge. In addition, Licensee shall cooperate fully with DCA in defense and protection of the Licensed Marks in question. Notwithstanding the foregoing, DCA shall have sole discretion to take such action as it deems appropriate and to exclusively control any litigation or administrative proceedings arising out of any infringement, challenge or claim regarding any one or more of the Licensed Marks. Licensee agrees to execute any and all instruments and documents, render such assistance and do such acts and things as may, If in the opinion reasonable business judgment of DCA's counsel, be necessary DCC any act or advisable failure to protect and maintain the interests of DCA in any such proceeding or to otherwise protect and maintain the interests of DCA in and act by Marquette constitutes a danger to the Licensed Marks. Except as specifically provided herein, DCA shall not otherwise be obligated to protect value or defend any of the Licensed Marks in any litigation validity or administrative proceeding arising out ownership of any infringement, challenge or claim if it elects not to do so in its sole discretion. If for any reason DCA or Licensee is ultimately prohibited from using any one or more of the Licensed Marks, Licensee shall not be entitled then DCC may in lieu of or in addition to any compensation therefor, nor shall compensation be paid by DCA other remedy available to Licensee as a result thereof. Further, Licensee may, immediately upon it (including termination of the request of DCA, be required License) give notice to modify Marquette describing the danger and may suspend in whole or discontinue the in part Marquette's right to use of one or more of the Licensed Marks, or to use one or more additional or substitute trademarks, service marks, trade names, logotypes or other commercial symbols in lieu of one or more effective on Marquette's receipt of the Licensed Marks, in connection with notice. The suspension shall continue until DCC reasonably determines that the Dental Officedanger no longer exists.

Licensed Marks. Subject to the provisions of this Agreement, DCA hereby grants to Licensee the right and license to use one or more of DCA's trademarks, service marks, trade names, logotypes and commercial symbols (collectively, the "Licensed Marks") in connection with the Dental Office. Notwithstanding the foregoing, Licensee shall only display or otherwise use the Licensed Marks in the manner or manners approved or designated by DCA in writing. Each such display or use of one or more of the Licensed Marks shall clearly identify Licensee as a licensee of such Licensed Marks, and not the owner or licensor thereof. Nothing contained herein gives Licensee any interest in or to any of the Licensed Marks or any component thereof, nor the goodwill now or hereafter attached thereto, except for the right to use such Licensed Marks as authorized by DCA, pursuant to and for the term of this Agreement, solely in connection with the operation of Licensee's Dental Office. Licensee shall not use the Licensed Marks as part of any other corporate or trade name or with any prefix, suffix or other modifying words, terms, designs or symbols, or in any modified form, nor may Licensee use any Licensed Mark ▇▇▇▇ in connection with sale of any unauthorized product or serve or ▇▇ in any other manner not expressly authorized in writing by DCA. Licensee shall not engage in or permit any act calculated to prejudice, affect, impair or destroy the title or interest of DCA in and to any of the Licensed Marks or any related or similar name. In addition, Licensee shall immediately notify DCA of any apparent infringement of one or more of the Licensed Marks by any third party or any challenge to Licensee's use of any of the Licensed Marks. In such instance, Licensee shall not communicate with any person other than DCA and Licensee's counsel with respect to such infringement or challenge. In addition, Licensee shall cooperate fully with DCA in defense and protection of the Licensed Marks in question. Notwithstanding the foregoing, DCA shall have sole discretion to take such action as it deems appropriate and to exclusively control any litigation or administrative proceedings arising out of any infringement, challenge or claim regarding any one or more of the Licensed Marks. Licensee agrees to execute any and all instruments and documents, render such assistance and do such acts and things as may, in the opinion of DCA's counsel, be necessary or advisable to protect and maintain the interests of DCA in any such proceeding or to otherwise protect and maintain the interests of DCA in and to the Licensed Marks. Except as specifically provided herein, DCA shall not otherwise be obligated to protect or defend any of the Licensed Marks in any litigation or administrative proceeding arising out of any infringement, challenge or claim if it elects not to do so in its sole discretion. If for any reason DCA or Licensee is ultimately prohibited from using any one or more of the Licensed Marks, Licensee shall not be entitled to any compensation therefor, nor shall compensation be paid by DCA to Licensee as a result thereof. Further, Licensee may, immediately upon the request of DCA, be required to modify or discontinue the use of one or more of the Licensed Marks, or to use one or more additional or substitute trademarks, service marks, trade names, logotypes or other commercial symbols in lieu of one or more of the Licensed Marks, in connection with the Dental Office.