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Trademark Sublicense Agreement Template



CONSIDERING that Linus Torvalds (“Mr. Torvalds”) has certain trademark rights in the Linux trademark (the “Mark”), including Goodwills, resulting from its first use and connection to the Mark, formal registrations and common law rights; and 5.2 Assignment. The Linux Foundation may assign or transfer the rights to this sublicense to a subsidiary, related company, or parent company of the Linux Foundation. Sublicensee may not assign or transfer such sublicense (whether by agreement or by law) without the prior written consent of the Linux Foundation, whose consent may be granted or withheld at its discretion. In any case, this sub-license is binding on the assigns and assignments of the parties. IN THE MEANTIME, the subcontractor wishes to acquire from the Linux Foundation the right to use the trademark in connection with the authorized goods/services indicated in the application of the subcontractor`s sub-license, insofar as the use of the trademark by the subcontractor is not considered a “fair use”. “authorized goods/services” means Goods/Services based on Linux. Linux-based assets are computer systems and software that use, integrate, or are derived from a version of the Linux kernel, as published by Mr. Torvalds (or his agent or successor) in www.kernel.org. Linux-based services are services that provide, document Linux-based goods, facilitate or improve usage. “Sublicensee Mark” is the trademark to which sublicensee has applied for permission to be used commercially, as set forth in the Application Approval Statement sent by the Linux Foundation to Lake Sublicensee (“Application Approval Statement”). “The Linux® trademark is used pursuant to a sublicense from the Linux Foundation, the exclusive licensee of Linus Torvalds, the trademark holder on a global basis.” Neither the Linux Foundation nor Mr. Torvalds gives any assurance that the Linux Foundation will not grant another sublicense to another subcontractor in a manner equivalent to or similar to the sublicense mark, nor does the Linux Foundation or Mr.

Torvalds have any obligation to use or exercise any effort, appropriate or otherwise, to determine: whether a sublicense identical or similar to the sublicense has been granted. In addition, neither the Linux Foundation nor M. Torvalds is not required to settle, settle or participate in any dispute related to the sublicense mark, nor to intervene in disputes related to the sublicense mark, including, but not limited to, disputes involving potentially conflicting uses. Sublicensee agrees to exempt and hold the Linux Foundation and Mr. Torvalds from all claims and costs arising out of such sublicense disputes regarding such sublicense or sublicense mark, whether between Licensee and other subcontractors or between sublicensees and other persons claiming rights to the trademark or sublicense worldwide. 5.6 Global Agreement. .

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