Subject to the terms of this Agreement, you may use the assets solely in whole for use in the marketing and promotion of Yamaha Outboard Motors and Marine Group products (“Purpose”). These assets include the Yamaha mark and Crossed Tuning Fork Logo (“Yamaha Marks”) and other photographs of Yamaha products (“Photographs”) (collectively the “Assets”). In consideration for the right to use the Assets, you agree to the following: o You may not delete, alter, or modify the Assets, in whole or in part, for any reason. o The right to use the Assets is personal to you and is not transferrable by you to another party. The rights granted herein may not be assigned, transferred or sublicensed and any such act shall be void without effect. o Yamaha shall remain the sole and exclusive owner of the Assets. The Yamaha Trademarks are owned by Yamaha and all goodwill and rights accruing from their use shall be to the benefit of Yamaha. o Unauthorized use and/or use outside the Purpose, may lead to severe consequences and penalties, including but not limited to potential legal action for damages and other remedies. Any use of the Assets outside the Purpose, may require additional rights and permissions which you must secure separately from Yamaha. Except for the Yamaha Trademarks, Yamaha will not assess whether your proposed use of the Assets would violate any third party rights. o Yamaha may at any time, and within its sole discretion and without liability, withdraw its grant to use the Assets. If so, Yamaha will notify you and you agree, upon Yamaha’s request, to immediately cease use and seek return or destruction of any items that contain the Assets. o The Assets may not be used on any merchandise that is offered for sale. The Assets may not be used in any way, or in, on or in association with, any materials or information that violates any applicable laws or government regulations. o Any use of the Assets should conform to Yamaha’s high standards of quality, style, and image and should not be used or distributed in any manner that might be deceptive or misleading or which might bring Yamaha into ridicule or disrepute. o Any disputes shall be governed, enforced and construed under the laws of the Georgia. Any action or suit arising under this Agreement shall be brought and maintained in a court of competent jurisdiction in Cobb County, Georgia. o This Agreement constitutes the entire agree among the parties and supersedes all prior agreements and understandings, whether written or oral, concerning the subject matter herein. o If any term, provision, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. o Failure of any party hereto to enforce any of the provisions of this Agreement or any rights with respect thereto or failure to exercise any election provided for herein shall in no way be considered to be a waiver of such provision, rights or elections or in any way effect the validity of this Agreement. The failure of either party to exercise any of said provisions, rights or elections shall not preclude or prejudice such party from later enforcing or exercising the same or any other provisions, rights or elections which may have under this Agreement.
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