Authorized Use and Non-Infringement of Intellectual Property as a Material Condition of Sale
Welcome to The Future of Surface Preparation®!
MMLJ, Inc. (the “Company”) is the holder of various trademarks, patents, copyrights, and other intellectual property rights. As such, the Company must protect these valuable assets against unauthorized/improper use and infringement to maintain distinct brand and marketplace advantage.
The Company offers extensive marketing programs to assist you in promoting your business. Such programs do offer the benefit of approved use of the Company’s distinct brand and marketplace advantage pursuant to the terms and conditions of such programs, including, but not limited to compliance with MMLJ’s then current Trademark and Copyright Use Guidelines.
However, as a Purchaser of Company’s authentic Dustless Blasting® brand equipment and/or products and as a material condition of any purchase from the Company, any such Purchaser agrees that Purchaser is not granted licensure of any kind regarding the Company’s trademarks, patents, copyrights and other intellectual property without advance express written permission of the Company, the exception being that Purchaser has an implied license right to use any authentic DUSTLESS BLASTING® product for its intended purposes, and to refer to such authentic DUSTLESS BLASTING® product as being an authentic DUSTLESS BLASTING® brand wet abrasive surface preparation product, MMLJ’s then current Trademark and Copyright Use Guidelines.
The Purchaser of any such DUSTLESS BLASTING® brand equipment and/or products from the Company agrees that any such infringement or unauthorized/improper use of the Company’s trademarks, patents, copyrights and intellectual property constitutes a material breach of contract and entitles the Company to damages in connection with such infringement. In addition, the Purchaser agrees that any such infringement, including but not limit to, unauthorized and/or improper use of the Company’s trademarks, patents, copyrights and other intellectual property constitutes irreparable harm to the Company and entitles the Company to equitable relief from a Court of Law to include, but not be limited to, injunctive relief. Furthermore, the Purchaser agrees that the Company is entitled to recover its reasonable attorney fees in the event such legal action is taken. In addition, the Purchaser agrees that the Company can bring legal action in any venue it chooses to do so, and that such legal action, the validity and interpretation of this Agreement, and the legal relations of the Parties to it shall be governed by the laws of the State of Texas without reference to its conflicts of law provisions.
The Purchaser acknowledges that this Agreement will have important legal consequences and imposes significant requirement on each Party. Accordingly, the Purchaser acknowledges that they have considered retaining or have retained legal counsel to review this Agreement and that the Purchaser has been provided with adequate time to obtain such review.
Any provision of this Agreement that may be deemed invalid or unenforceable by a Court of competent jurisdiction shall in no way invalidate or render unenforceable the remainder of this Agreement, which shall remain in full force and effect.
For more information see Intellectual Property.