Usage Standards. IXI’s uses of the ICQ Marks pursuant to Sections 9.1, 9.2, 9.3 and 9.4, must be approved by ICQ in writing prior to use, and IXI acknowledges and agrees that all use of the ICQ Marks shall at all times remain subject to such written trademark usage guidelines as ICQ may from time-to-time provide to IXI. ICQ agrees to make reasonable commercial efforts to approve the said use within five (5) business days. \In an event that ICQ disapproves use of the ICQ Marks, ICQ shall, within the specified five working days, provide IXI with a written lest of its objections to allow IXI to resubmit any usage request. For avoidance of doubt, if within the said time frame ICQ has not provided approval, it will be deemed as disapproval. IXI acknowledges the exclusive ownership right of ICQ in the ICQ Marks and agrees that all use of the ICQ Marks shall inure to the benefit, and be on behalf, of ICQ. Without limiting the foregoing, IXI will not (i) use the ICQ Marks in any manner that disparages or tarnishes any ICQ Marks or the reputation of ICQ, or that could reasonably be expected to do so; (ii) modify the ICQ Marks, except as any such modification is expressly permitted in the Mobile Developer Kit; (iii) combine in one ▇▇▇▇ the ICQ Marks with any other marks or create any composite marks; (iv) register or attempt to register the ICQ Marks in any jurisdiction or create, use, register or attempt to register any confusingly similar ▇▇▇▇; or (v) challenge ICQ's proprietary rights in and to the ICQ Marks, or undertake any action which impairs such proprietary rights of ICQ or its licensors, or that could reasonably be expected to do so. IXI shall, throughout the Term and for a period of not less than one (1) year after the termination or expiration of this Agreement, retain representative copies of all uses of the ICQ Marks, and IXI shall provide such copies to ICQ upon ICQ's request at any time prior to the date which is one (1) year after such termination or expiration.
Appears in 1 contract
Sources: Icq Mobile Developer Program Agreement (IXI Mobile, Inc.)
Usage Standards. IXI’s uses of the ICQ Marks pursuant to Sections 9.1, 9.2, 9.3 and 9.4, must be approved by ICQ in writing prior to use, and IXI acknowledges and agrees that all use of the ICQ Marks shall at all times remain subject to such written trademark usage guidelines as ICQ may from time-to-time provide to IXI. ICQ agrees to make reasonable commercial efforts to approve the said use within five (5) business days. \In an event that ICQ disapproves use of the ICQ Marks, ICQ shall, within the specified five working days, provide IXI with a written lest of its objections to allow IXI to resubmit any usage request. For avoidance of doubt, if within the said time frame ICQ has not provided approval, it will be deemed as disapproval. IXI acknowledges the exclusive ownership right of ICQ in the ICQ Marks and agrees that all use of the ICQ Marks shall inure to the benefit, and be on behalf, of ICQ. Without limiting the foregoing, IXI will not (i) use the ICQ Marks in any manner that disparages or tarnishes any ICQ Marks or the reputation of ICQ, or that could reasonably be expected to do so; (ii) modify the ICQ Marks, except as any such modification is expressly permitted in the Mobile Developer Kit; (iii) combine in one ▇m▇▇▇ the ICQ Marks with any other marks or create any composite marks; (iv) register or attempt to register the ICQ Marks in any jurisdiction or create, use, register or attempt to register any confusingly similar ▇m▇▇▇; or (v) challenge ICQ's proprietary rights in and to the ICQ Marks, or undertake any action which impairs such proprietary rights of ICQ or its licensors, or that could reasonably be expected to do so. IXI shall, throughout the Term and for a period of not less than one (1) year after the termination or expiration of this Agreement, retain representative copies of all uses of the ICQ Marks, and IXI shall provide such copies to ICQ upon ICQ's request at any time prior to the date which is one (1) year after such termination or expiration.
Appears in 1 contract
Sources: Icq Mobile Developer Program Agreement (IXI Mobile, Inc.)