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Logo License Information
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| TRADEMARK
LICENSE AGREEMENT |
| Sales
Partner Systems, Inc. (“SPS”) is the owner of various
Trademarks that represent the goodwill and reputation
of the company. SPS’s Trademarks include the following:
PROFILE®, SPS Professional, SPS32, VAS32 and ISS32 (collectively,
“Trademarks”). Use by any person of the Trademarks is
not authorized and constitutes an infringement of SPS’s
exclusive rights in the Trademarks unless Licensee accepts
the terms and conditions of the Trademark License Agreement.
If you accept the terms and conditions of this Agreement,
press the Accept button below. If you do not wish to accept
the terms and conditions of this Agreement, press the
Decline button below. |
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| 1. |
License
Grant: Upon acceptance of the Agreement, SPS
grants to Licensee, and Licensee accepts, a worldwide,
nonexclusive, nontransferable, royalty-free, revocable
License to use the Trademarks in Licensee’s advertisements,
promotional materials, and web sites. No other right,
title or license is granted hereunder. |
| 2. |
Limitations
on License: Nothing in this License shall give
Licensee any right, title, or interest in the Trademarks,
other than the License granted herein. Licensee
shall not assign, transfer or sublicense this License
(or any right granted herein) without the prior
written consent of SPS. Licensee agrees not to use
the Trademarks in any way that would disparage or
injure SPS’s reputation for high quality. Licensee
will not do anything inconsistent with SPS’s ownership
of the Trademarks, such as filing any trademark
application anywhere in the world, now or in the
future. |
| 3. |
Proper
Usage:
| A. |
SPS
must be clearly identified as the owner of
the Trademarks. Licensee shall mark its use
of the Trademarks with the trademark symbol
™ or registered trademark symbol ®
as appropriate. Once marked, it is not normally
necessary to mark subsequent appearances of
the Trademark in the piece. Licensee shall
include the appropriate trademark attribution
in reasonably close proximity to its first
use of the Trademark in any document or on
a screen display, or in a location to which
users are directed for statements concerning
the ownership of intellectual property rights
of Licensee and SPS. |
| B. |
In
any place where they appear together, the
Trademarks and any associated text must be
at least as large as the trademarks and text
of other vendors. |
| C. |
Licensee
shall not alter the Trademarks in any way.
Licensee may not integrate any Trademark into
any of Licensee’s own trademarks, logos, or
designs, nor may Licensee use any marks or
logos that are confusingly similar to any
Trademark. |
| D. |
The
Trademarks may not be used to indicate any
kind of endorsement by SPS or official status
with respect to SPS. |
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| 4. |
Right
to Inspect: SPS shall have the right to inspect
Licensee’s products, advertising and promotional
materials to determine compliance with the terms
and conditions of this Agreement. Licensee will,
upon request from SPS, provide samples of any advertisements,
promotional materials, or web sites that include
the Trademarks. |
| 5. |
Indemnification
and Limitation of Liability: Licensee will defend,
indemnify and hold harmless SPS against losses,
liability, damage, cost, and/or expense (including
reasonable legal fees) arising out of any claims
or suits, whatever their nature and however arising,
which may be brought against SPS because of Licensee’s
use of the Trademarks. In no event shall SPS or
its directors, officers, or employees be liable
for incidental or consequential damages of any kind
arising from or relating to the use of the Trademarks,
including economic damages and lost profits, regardless
of whether SPS shall be advised, shall have other
reason to know, or in fact shall know of the possibility
of the foregoing. |
| 6. |
Disclaimer
by SPS: SPS makes no representation or warranties
of any kind respecting the Trademarks, including
the validity of SPS’s rights in the Trademarks in
any country, and SPS disclaims any and all implied
warranties that might otherwise arise. |
| 7. |
Revocation
of License: The License to use the Trademarks
is revocable at will by SPS. In the event SPS revokes
Licensee’s right to use the Trademarks, Licensee
will be given thirty (30) days to remove the Trademarks
from advertisements, promotional materials and web
sites. |
| 8. |
Choice
of Law, Jurisdiction and Venue: This License
shall be governed by and construed in accordance
with the laws of the State of Florida. Any dispute
arising out of this License shall be brought in,
and the parties hereby consent to jurisdiction and
venue in, the state and federal courts of the State
of Florida. |
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