platform or distribution means not branded with the Marks, whether provided by
the NTL Group or a third party;
(B)
TO USE THE NAMES AS PART OF ITS REGISTERED COMPANY
NAMES AND TO USE THE SAME ON HEADED NOTEPAPER AND OTHER CORPORATE MATERIALS AND
COMMUNICATIONS
18
WHICH, IN THE COURSE OF BUSINESS, BEAR THE COMPANY NAME AND IN RELATION TO THE
NON-TRADING ACTIVITIES AND SECURITIES LISTING OF ANY MEMBER OF THE NTL GROUP AND
AS MAY OTHERWISE BE REQUIRED BY LAW DURING THE TERM, PROVIDED THAT WHEN USED AS
A COMPANY NAME SUCH NAME IS ALWAYS FOLLOWED BY THE RELEVANT COMPANY DENOTATION
(E.G. LIMITED) FOR THE RELEVANT TYPE OF COMPANY AND JURISDICTION;
(C)
SUBJECT TO CLAUSE 3.3(B) BELOW, TO USE THE CHOSEN
NAMES AND "VIRGIN.NET" THROUGHOUT THE WORLD;
(D)
SUBJECT TO CLAUSES 3.3(A) AND (B) BELOW, TO USE THE
DOMAIN NAMES;
(E)
TO USE THE NAMES IN THE TERRITORY ON OR IN RELATION
TO ADVERTISEMENTS, SPONSORSHIP, PROMOTIONAL BROCHURES, OTHER MATERIALS AND
MAGAZINES (IN OR ON ANY MEDIA) IN RELATION TO THE LICENSED ACTIVITIES TO THE
EXTENT OF THE RIGHTS GRANTED EXCLUSIVELY UNDER THIS CLAUSE 3.1. THE PARTIES
RECOGNISE THAT THERE MAY BE INCIDENTAL ADVERTISING, SPONSORSHIP OR PROMOTIONAL
ACTIVITIES UNDERTAKEN OUTSIDE THE TERRITORY BY THE LICENSEE, MEMBERS OF THE NTL
GROUP OR PERMITTED THIRD PARTIES WHICH ARE AIMED AT CUSTOMERS OR POTENTIAL
CUSTOMERS (EXCEPT IN THE CASE OF ROAMING SERVICES) INSIDE THE TERRITORY AND
WHICH RELATE TO THE LICENSED ACTIVITIES PROVIDED WITHIN THE TERRITORY (PROVIDED
THAT NOTHING IN THIS CLAUSE SHALL PREVENT OTHER VEL LICENSEES CONDUCTING SIMILAR
ACTIVITIES INSIDE THE TERRITORY UNDER PROVISIONS EQUIVALENT TO THOSE FOUND IN
THIS CLAUSE 3.1(E));
(F)
TO USE THE MARKS IN RELATION TO THE PROVISION OF
ROAMING SERVICES PROVIDED TO CUSTOMERS OUTSIDE THE TERRITORY AND NON-CUSTOMERS
INSIDE THE TERRITORY, SUBJECT TO THE RIGHT OF ANY OTHER ENTITY WHICH IS LICENSED
BY VEL TO USE THE NAME "VIRGIN MOBILE" OUTSIDE THE TERRITORY TO PROVIDE SERVICES
EQUIVALENT TO THE ROAMING SERVICES TO THAT ENTITY'S CUSTOMERS OUTSIDE THAT
ENTITY'S LICENSED TERRITORY AND TO NON-CUSTOMERS WITHIN ITS LICENSED TERRITORY;
(G)
TO USE THE MARKS IN THE TERRITORY ON OR IN RELATION
TO VOUCHERS IN RESPECT OF THE LICENSED ACTIVITIES UNDER THIS CLAUSE 3.1; AND
(H)
TO USE THE MARKS IN THE TERRITORY IN RELATION TO THE
PROVISION OF CONSULTANCY SERVICES IN CONNECTION WITH THE LICENSED ACTIVITIES
RELATING TO MOBILE RADIO TELECOMMUNICATION SERVICES UNDER THIS CLAUSE 3.1
(EXCEPT THOSE LICENSED ACTIVITIES UNDER CLAUSE 3.1(E)).
Non-Exclusive Rights (except in respect of the Names which is exclusive)
3.2
IN CONSIDERATION OF THE ROYALTIES AND THE
COVENANTS AND UNDERTAKINGS CONTAINED IN THIS DEED, VEL HEREBY GRANTS TO THE
LICENSEE AND TO ALL MEMBERS OF THE NTL GROUP FOR THE TERM WITH EFFECT FROM THE
COMMENCEMENT DATE THE FOLLOWING NON-EXCLUSIVE RIGHTS (EXCEPT THAT THIS GRANT IS
EXCLUSIVE IN RELATION TO THE USE OF THE NAMES IN THE TERRITORY AND EXCLUSIVE IN
RELATION TO THE CHOSEN NAMES AND NAME "VIRGIN.NET"):
(A)
SUBJECT TO CLAUSE 3.4(C) AND (D), TO USE THE MARKS
IN RELATION TO