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080196Adobe Acrobat Trademark License Agreement (Online Icons)1bba/wip/ac formAdobe Acrobat Trademark License Agreement
("PDF" and "Get Acrobat" Icons) This Adobe Acrobat Trademark License Agreement contains a license from Adobe Systems Incorporated ("Adobe") for use of the Adobe Ò AcrobatÒ Logo and the trademark "Acrobat," solely as part of the "PDF" icon and the "Get Acrobat" icon, and will become effective upon execution by both parties.
1. COMPANY INFORMATION . Please provide the following information:
Company Name Address
State of Incorporation Name and Title of principal contact in Company
Telephone Number URL(s) for site(s) on which Icon(s) will appear
THE COMPANY SET FORTH ABOVE IS REFERRED TO AS "LICENSEE" IN THIS AGREEMENT.
2. LICENSE . Upon the execution of this
Agreement by Adobe and Licensee, Adobe hereby
grants to Licensee, and Licensee accepts, a worldwide, nonexclusive, nontransferable, personal right to use (i) the Adobe Acrobat logo (or any substitute logo provided to Licensee under this
Agreement) as part of the "PDF" icon solely in
connection with PDF files or content and/or (ii) the
Acrobat logo (or substitute there for provided by
Adobe) and the trademark "Acrobat" as part of the
"Get Acrobat" icon, solely as an indicator of a link or pointer to Acrobat software products (collectively, the "Icons"). The Icons may only be used by Licensee on an on-line network forum or service or the World Wide Web.
3. LICENSE RESTRICTIONS . Licensee
acknowledges that nothing in this Agreement shall give it any right, title or interest in the Icons, other than the license rights granted herein. Licensee shall not assign, transfer or sublicense this Agreement (or any right granted herein) in any manner without the prior written consent of Adobe.
4. CRITERIA FOR USE; INSPECTION AND
APPROVAL .
(a)Licensee agrees to maintain the quality of
Licensee's use of the Icons that meets or exceeds
industry standards and at least commensurate with the quality of other information displayed on-line by
Licensee.(b)Upon reasonable request from Adobe,
Licensee shall notify Adobe of the locations of
Licensee's use of the Icons. Adobe may review
Licensee's use of the Icons periodically to evaluate
Licensee's compliance with the quality standards
described in this Agreement. Licensee shall remedy any deficiencies in its use of the Icons, upon reasonable notice from Adobe. (c)Licensee shall indemnify, defend, and hold harmless Adobe from and against any claims relating to Licensee's use of the Icons.
5. IDENTIFICATION AND USE .
(a)Licensee shall include the following trademark attribution (i) in reasonably close proximity to its first use of the Icons in any document or on a screen display or (ii) in a location to which users are directed for statements concerning the ownership of intellectual property rights of Licensee: Acrobat and the Acrobat logo are trademarks of Adobe Systems Incorporated. (b)Licensee acknowledges Adobe's ownership of the Icons. Licensee shall employ best efforts to use the Icons in a manner that does not derogate from Adobe's rights in the Icons and will take no action that will interfere with or diminish Adobe's rights in the Icons. Licensee agrees that all uses of the Icons by Licensee will inure to the benefit of Adobe. Licensee may not use the Icons in any way as an endorsement or sponsorship by Adobe of a Licensee product, information or other content.
080196Adobe Acrobat Trademark License Agreement (Online Icons)2bba/wip/ac form6. WARRANTY, INDEMNIFICATION, AND
LIMITATION OF LIABILITY .
(a)Adobe represents and warrants that use of the Icons in the United States does not infringe any
United States trademark.
(b)Subject to 6(c) below, Adobe agrees to indemnify, defend, and hold Licensee harmless from and against any and all damages, costs, and expenses (including reasonable attorneys' fees) incurred in connection with a claim which, if true, would constitute a breach of the foregoing warranty, provided
Adobe is notified promptly in writing of any
applicable infringement claim and Adobe has sole control over its defense or settlement, and Licensee provides reasonable assistance in the defense of the same. If Adobe, at its discretion, provides Licensee with a substitute Icons hereunder, Licensee shall bear all liability for continued use of the previous Icons. (c)ADOBE MAKES NO OTHER
WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, WITH RESPECT TO THE ICONS. IN
NO EVENT SHALL ADOBE BE LIABLE FOR ANY
CONSEQUENTIAL, INCIDENTAL, OR SPECIAL
DAMAGES (INCLUDING LOSS OF BUSINESS
PROFITS) ARISING FROM OR RELATED TO
LICENSEE'S USE OF THE ICONS, EVEN IF ADOBE
HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
7. TERM OF AGREEMENT . The date of execution of
this Agreement by Adobe shall be the Effective Date of this Agreement. The term of this Agreement shall be for a period of three (3) years from the Effective Date and will automatically renew for successive one year terms unless either party gives the other party written notice that it will not renew the agreement at least thirty (30) days in advance of the renewal date.
Adobe shall have the right to terminate this
Agreement with cause upon fifteen (15) days prior
written notice or without cause upon sixty (60) days prior written notice. From and after termination or expiration of this Agreement, Licensee shall cease and desist from all use of the Icons.8. NOTICES .
All notices under this Agreement shall be in
writing and shall be deemed given if delivered personally, mailed by registered or certified mail, return receipt requested, or sent by facsimile with a receipt confirmed by telephone, to Licensee or Adobe ("Attn: General Counsel") at the addresses set forth herein, or to such other addresses as a party may notify the other party.
9. MISCELLANEOUS
Upon execution by both Adobe and Licensee, this
Agreement contains the entire agreement of
the parties with respect to the subject matter hereof, and shall supersede and merge all prior and contemporaneous communications. It shall not be amended except by a written agreement subsequent to the effective date and signed by authorized representatives of each party.
This Agreement shall be governed by and construed
in accordance with the laws of the State of California. Licensee hereby consents to jurisdiction and venue in the state and federal courts sitting in the State of
California. If either party employs attorneys to
enforce any rights arising out of or related to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs, and other expenses.
No waiver of any breach of any provision of
this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement shall not be construed as creating a partnership, joint venture or agency relationship or as granting a franchise.
ADOBE SYSTEMS INCORPORATEDLICENSEE
1585 Charleston Road
P.O. Box 7900
Mountain View, Ca 94039-7900
By: By: Title: Title: Date: Date:quotesdbs_dbs17.pdfusesText_23
[PDF] Adobe trademark database for general distribution