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ABC ADVERTISING PERMISSION
Effective Date:
CBA hereby grants non-exclusive, world-wide, and royalty-free permission to ABC, INC. (“ABC”) and its related companies to use the name and/or trademark “CBA” and any related trademarks as same may appear in the attached advertising collateral (“Advertisement”) with its current English text and also with foreign language translations of that text as ABC may reasonably require from time to time.
[ x ] ABC may also use the Advertisement for billboard displays, banners, airport dioramas, and similar large-scale indoor and/or outdoor media displays where this box is checked; otherwise, ABC will not use the Advertisement for such purposes without the prior written consent of CBA.
ABC may change the appearance of the Advertisement in its sole discretion without the prior consent of CBA; provided, however, that (i) the English text (or foreign language translation) as it appears in the attached Advertisement shall not change without CBA’s prior consent, except that the headline may change based on local requirements; and (ii) any change to the background or other appearance of the Advertisement shall remain generally favorable to CBA.
In granting ABC this limited permission, CBA does not convey any interest in the name or trademarks of CBA other than the specific permission contained herein. ABC shall not use the name or trademarks of CBA in a manner not contemplated by this Agreement without the prior written consent of CBA. CBA represents and warrants that it has all rights necessary to grant the permissions contained herein.
ANYTHING TO THE CONTRARY HEREIN NOTWITHSTANDING, UNDER NO CIRCUMSTANCES SHALL ABC OR CBA BE LIABLE TO EACH OTHER OR ANY OTHER PERSON OR ENTITY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, LOSS OF GOOD WILL OR BUSINESS PROFITS, OR EXEMPLARY OR PUNITIVE DAMAGES.
The permission granted by CBA hereunder shall expire two years from the Effective Date unless otherwise agreed to in writing by the parties (“Termination Date”). The expiration of the Termination Date shall not prohibit ABC from utilizing media containing the Advertisement that have been printed, issued, or contracted prior to the Termination Date. ABC may use or choose not to use the Advertisement in its sole discretion, but any use shall be subject to this Permission Agreement.