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Pixim License Agreement: Powered by Pixim and Powered by Pixim Seawolf logos

Pixim License Agreement: Powered by Pixim and Powered by Pixim Seawolf Logos

Subject to the terms and conditions of this Image Use Permission Agreement ("Agreement"), Pixim, Inc. ("Pixim") hereby grants the undersigned ("You", "Your", or "Yourself") permission to use the Powered by Pixim and Powered by Pixim Seawolf logos (the "Licensed Material") as further described below.

You understand and agree that the Licensed Material is a trademark of Pixim and that you acquire no rights in the Licensed Material by using it. You acknowledge Pixim's ownership of the Licensed Material and you agree that you will do nothing inconsistent with such ownership and that all use of the Licensed Material by you shall inure to the benefit of Pixim and shall be in accordance with the terms of this Agreement. You will not adopt or use any mark that is likely to be confused with the Licensed Material.

Before using the Licensed Material, You agree to provide to Pixim with copies of all proposed uses of the Licensed Material for approval. You must obtain Pixim's written approval before finalizing Your materials and releasing them to the public.

Additionally, you agree to the following:

  1. Your logo and message must make it clear that your products and services come from you and not from Pixim. You shall not use the Licensed Material in such a way to suggest any affiliation, endorsement or guarantees between Pixim and yourself or your company.

  2. You shall use the Licensed Material in accordance with the Pixim trademark guidelines, as may be amended or updated from time to time by Pixim and made available at http://www.pixim.com/trademarks.

  3. You may use the Licensed Material to advertise and market your products only if they contain Pixim Seawolf chips and for so long as they meet the standards of quality as prescribed by Pixim, Inc. Pixim, Inc. or its appointed agent shall have the right to inspect the products upon which the Licensed Material is used from time to time to assure that its standards of quality are being met.

    You acknowledge that Pixim is the sole and exclusive owner of all right, title and interest in and to the Licensed Material. You will not use the Licensed Material as part of or in direct combination with your company name, product names, or domain names.

  4. You will use the appropriate ® or ™ symbols with all Pixim trademarks and an appropriate attribution statement and disclaimer. Suggested formats include the following:

    DIGITAL PIXEL SYSTEM® is a registered trademark of Pixim, Inc. and Seawolf and the Powered by Pixim and Powered by Pixim Seawolf logos are trademarks of Pixim, Inc., used under license.

  5. You may not use Pixim materials for the transmission or distribution of any unsolicited bulk e-mail or in any manner that may violate local law. You will immediately cease use of the Licensed Material if requested to do so by Pixim.

  6. Pixim reserves the right to review and inspect all advertising, collateral, products and other uses bearing the logo for compliance with the guidelines herein. Companies must correct any deficiencies in their use of the logo and cease further publication or distribution of the material upon reasonable notice from Pixim.

  7. You agree that you will defend, indemnify and hold harmless Pixim and its officers, directors, employees and agents from and against any and all liability, damage, expense, suit, loss, penalty, and costs of defense (including reasonable attorneys fees) of any nature whatsoever, including but not limited to any injury to person or property arising out of (i) Your manufacture, sale or use of any product produced or marketed by or on behalf of you bearing the Licensed Material; or (ii) any actual or alleged defect in any such product. This indemnity shall survive the termination of this Agreement.

  8. The relationship between Pixim, Inc. and you shall be as licensor and licensee only. Nothing in this Agreement shall be construed to constitute a joint venture, partnership or other relationship between the parties and you are not authorized to act as an agent for Pixim, Inc.

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