Failure of a party to enforce one or more of the provisions of this agreement or to exercise any option or other rights hereunder or to require at any time performance or any of the obligations hereof will not be construed to be a waiver of such provisions by such party nor to, in any way, affect the validity of this agreement or such partys right thereafter to enforce each and every provision of this agreement, nor to preclude such party from taking any other action at any time which it would legally be entitled to take. You can also combine elements of these three types of intellectual property agreements, such as by giving an intellectual property license for exclusive rights in certain geographic areas. Form of Trademark Assignment and License Agreement Exhibit 2. For specific questions, please contact Corporate Brand Management at 800-627-2635, or via e-mail at brandgroup mail. As a condition of the sublicense or assignment of any rights of Apollo under this Section 3. Capitalized terms used and not otherwise defined in this agreement will have the meanings ascribed to such terms in the Distribution Agreement. The maximum proportion of Sprint Red to white is 50%.
Assignee is not entitled, and will not share to any other monies received by Assignors Prior to, nor after the assignment date of this agreement, Assignment for the development rights of the brand which rights are not assigned herein. In the event that Assignor is unable to institute, prosecute or settle the infringement action solely in its own name, Assignee will join such action voluntarily or will execute such instruments and other documents as are necessary for Assignor to initiate, prosecute and settle such action as permitted hereunder, all at Assignees own expense. All payments to be made by Apollo hereunder shall be payable prior to 1:00 p. To achieve vertical alignment, key design elements must be aligned with the left edge of the S in the Sprint logo. Because assignments grant an assignee full ownership of a piece of property, typically to acquire an assignment will cost more than to acquire a license. Phillipe Magnier proforma defendant-the patentee from infringing the Indian Patent No.
Licenses come in many different flavors and pretty much any type of provision can be worked into a license such as the length of the license, the territory where a license may apply, the nature of the license exclusive vs. If the Embarq Group becomes aware of any activities amounting to possible infringement or unlawful interference with the Sprint Marks or any part of the Sprint Marks, the Embarq Group will immediately notify Sprint of the possible infringement or unlawful interference and, at Sprints request, provide Sprint with its reasonable assistance and cooperation. The Court thus held that other pleas advanced by parties including pleadings in the written statement have no relevancy in deciding such an application. Should either party desire to publish or otherwise make publicly available any portion of the Licensed Software, the parties shall mutually discuss and agree in good faith on the publication or other public disclosure to be made, if any. This Agreement, together with the Alliance Agreement and all other agreements entered into by Vodafone AirTouch Plc and Bell Atlantic Corporation in connection therewith, contain the entire agreement of the parties hereto with respect to the subject matter hereof and thereof and supersede all prior understandings and agreements of the parties with respect thereto. Anderson, Jaclyn Snyder, Alecsandr I.
Subject to the Alliance Agreement hereinafter defined and except as otherwise stated in this Agreement, nothing in this Agreement shall be construed as: 2 1. Assignor hereby represents and warrants to Assignee as follows: 1. If after 60 business days from the delivery of the notice the Chief Operating Officers are unable to resolve the dispute, the parties may resort to any other of their rights and remedies under this Agreement or otherwise. Assignor shall have the right to approve the settlement of any such infringement action, or any other agreement between Assignee and such person or entity concerning the Infringement, to the extent such settlement or other agreement is inconsistent with the license rights granted to Assignor under this Agreement. The Embarq Group acquires no right or interest in any other Sprint trademark, service mark, corporate name, trade name, trading style, logo or any other indicia. For example, if company A obtained a patent, they can have a non-exclusive license to company B for 10 years in North America, and have a non-exclusive license to company C for 5 years without territorial exclusions.
You can also learn more about software licenses. There are several types of intellectual property licenses embodied in a typical intellectual property agreement. Intellectual Property License Which is better, an intellectual property assignment agreement or an intellectual property license? If the parties are unable to resolve the dispute at the director level within 20 business days after delivery of the notice, the responsible Sprint and Embarq Vice Presidents will meet and attempt to resolve the dispute. Nor shall the waiver by either party of a breach of any provision hereof be a waiver of any succeeding breach of the same or any other such provisions or be a waiver of the provision itself. The Company shall include in all its sublicenses granted hereunder to any subsidiary of the Company provisions for such termination and assignment.
A, the other party shall be entitled to seek injunctive or other equitable relief restraining the breach or threatened breach, without the necessity of proving actual damages or posting any bond or other security. Research paper on hipaa law handbook of creative writing pdf. Conclusion In the light of the above judgment, it seems that the courts are hesitant to grant any relief whether interim or final, pending registration of the patent license or assignment agreement under the Act. Neither the making nor the acceptance of this Agreement, nor any provision hereof, shall enlarge, restrict or otherwise modify the provisions of the Alliance Agreement or the rights and obligations of the parties thereunder, or constitute a waiver or release by any of the parties to the Alliance Agreement of any liabilities, duties or obligations imposed upon any party thereunder, including, without limitation, the representations and warranties, indemnities and other provisions that, pursuant to 6 the Alliance Agreement, survive the Closing as defined therein thereof. Sprint will, in its sole discretion, determine the course of action to be taken.
Unlike a copyright assignment, a copyright license does not have to be in a signed writing. If the Embarq Group fails to cure a breach as required by this Section, then Sprint may pursue other remedies it has at law or in equity. You can review a sample in. Any such incidental or de minimus use will not be considered a breach of this agreement. The provisions of this section shall survive the closing of this transaction. Another significant difference between the two agreements is in the requirements to make them enforceable. Generally, you relinquish all control, involvement, and claim on the intellectual property rights transferred.
Eastern Time on the date when due, without presentment, demand, protest or, except for the foregoing written invoices, notice of any kind, all of which are hereby expressly waived by Apollo, and without set-off, counterclaim or other deduction of any nature subject to Section 4. Neither the Embarq Group nor Sprint will have any right or authority to assume or create any obligation or responsibility, express or implied, on behalf of or in the name of the other, or to bind the other in any manner. Illustrations may be reproduced only in Sprint primary or secondary colors. Subject to the exclusive license to the Funded Patent in the Exclusive Field as set forth in Section 3. Vertical Alignment Vertical alignment is one of the most important features of printed Sprint communications. However, certain standard print applications have minimum sizes larger than one inch. Wireless Alliance Agreement, dated as of September 21, 1999 the Alliance Agreement between Vodafone AirTouch Plc and Bell Atlantic Corporation.