This trademark license agreement for software template has 10 pages and is a MS Word file type listed under our software & technology documents.
Sample of our trademark license agreement for software template:
TRADEMARK LICENSE AGREEMENT This Trademark License Agreement (the "Agreement") is made and effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the "Licensor"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [LICENSEE NAME] (the "Licensee"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] RECITALS WHEREAS, simultaneously with this Agreement, the parties hereto have entered into a license agreement (the "License Agreement ") whereby Licensor has granted Licensee an exclusive license to all existing versions of a software program known as "The Software" (the "Product") and all related documentation, if any, solely for and to the [IDENTIFY] Market (as defined herein); WHEREAS, Licensor is the owner of certain trademarks, including without limitation, any logos, designs, variations or translations thereof, identified on Schedule A (collectively, the "Mark") and the exclusive right to use and license the use thereof; WHEREAS, Licensee desires to use the Mark on the terms and conditions set forth in this Agreement in connection with its distribution of the Work; and WHEREAS, Licensee recognizes that the valuable reputation and goodwill attaching to the Mark is dependent for its preservation on the high quality standards prescribed and established by Licensor and, accordingly, Licensee is willing to comply with licensor's standards in order to obtain such quality and to cooperate with Licensor in preserving the reputation and goodwill attaching to the Mark; NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements contained herein, the parties hereto agree as follows: License Licensor hereby grants to Licensee the non-exclusive worldwide right and license to use the Mark on or in connection with the Product for the [IDENTIFY] Market. "[IDENTIFY] Market" shall mean distribution to or through licensee's [IDENTIFY AND DESCRIBE]. Specifically excluded from the [IDENTIFY] Market are sales made through retail outlets, whether through computer specialty stores, book stores, stationery stores, chain stores, or other retail markets. Term This Agreement and the license granted hereunder shall commence on the date hereof and shall continue until terminated in accordance with the provisions of this Agreement. Royalties As compensation for the rights and license granted hereunder, Licensee shall pay directly to Licensor and any party identified on Schedule B hereto, at the times and in the manner hereinafter set forth in such Schedule B, royalties equal in amount to the percentages set forth therein ("Royalties"). The acceptance by Licensor or any party identified on Schedule B hereto of any tender of payment of any Royalties in an amount which is less than the total amount due (inclusive of interest, if any), shall not be deemed a waiver of such party's right to receive the balance (including interest). Trademarks Licensee hereby acknowledges Licensor's right, title and interest in and to the Mark and Licensor's exclusive right to use and license the use of the Mark and agrees not to claim any title to the Mark or any right to use the Mark except as permitted by this Agreement. Licensee shall prominently display the Mark on all versions of the Product and shall include all notices and legends with respect to Licensor's trademarks and trade names as are or may be required by applicable federal, state and local trademark laws or which may be reasonably requested by Licensor. Licensee shall at no time adopt or use, without Licensor's prior written consent, any variation of the Mark, including translations, or any mark likely to be similar to or confusing with the Mark. In the event that Licensor consents to any variation of the Mark, Licensee hereby agrees that Licensor shall own such new mark and shall, at its cost and expense, file and obtain in Licensor's name all United States and international trademark registrations. Licensor agrees to give Licensee reasonable assistance, including execution and delivery of all documents required by Licensee, in filing such applications for trademark registration. Licensee shall not contest or deny the validity or enforceability of the Mark or oppose or seek to cancel any registration thereof by Licensor, or aid or abet others in doing so, either during the term of this Agreement or at any time thereafter. Licensee agrees that it shall conduct the merchandising and sale of any version of the Product in a dignified manner, consistent with and enhancing the general reputation of the Mark and Licensor, and in accordance with good trademark practice. Any and all goodwill arising from licensee's use of the Mark shall insure solely to the benefit of Licensor, and neither during nor after the termination of this Agreement and the license granted hereunder shall Licensee assert any claim to the Mark or such goodwill. Licensee shall not take any action that could be detrimental to the goodwill associated with the Mark or with Licensor. Licensee shall, during the term of this Agreement and after termination hereof, execute such documents as Licensor may request from time to time to ensure that all right, title and interest in and to the Mark reside with Licensor. The provisions of this Section 4 shall survive any termination of this Agreement. Quality Standards Licensee shall furnish to Licensor prior to any use, for the approval of Licensor, copies of any version of the Product to be sold by Licensee using the Mark (the "Samples") and copies of formats of all advertising and promotional material on which the Mark appears (the "Materials"). Licensor shall have the right to approve or disapprove any or all Samples or Materials. Any Samples and/or Materials submitted to Licensor shall be deemed approved unless Licensor notifies Licensee to the contrary within [NUMBER] days after receipt of such Samples and/or Materials. Licensee shall not distribute, sell or advertise any version of the Product unless and until the Sample for such versions of the Product has been approved or deemed approved by Licensor pursuant to this Section 5. All versions of the Product developed, manufactured, distributed, sold, and advertised by Licensee shall conform to the Sample approved or deemed approved by Licensor. Licensee shall comply at all times at its sole expense with all applicable laws/regulations pertaining to the development, creation, promotion, sale, license or sublicense, and distribution of the Product. Credits The Product and all elements thereof shall be known as "The [IDENTIFY] Software" and the credits set forth in Schedule C hereto shall be placed on the title on the screen, the label on the diskettes, and in any manuals or other documentation relating to the Product. The display of the names of those being accorded credit as a developer as set forth in Schedule C hereto shall be equal in all respects in size and prominence. Any party being accorded credit as an original developer of the Product as set forth above shall have the right to remove its name at any time for any reason upon reasonable written notice to Licensee and such change in credit shall in no way affect any royalties to be paid to such party. Infringement Licensee shall notify Licensor promptly of any infringement or unauthorized use of the Mark by others of which Licensee becomes aware. Licensor shall have the sole right, at its expense, to bring any action on account of any such infringement or unauthorized use, and Licensee shall cooperate with Licensor, as Licensor may request, in connection with any such action brought by Licensor. Licensor shall retain any and all damages, settlement and/or compensation paid in connection with any such action brought by Licensor
