THE MARKS IN THE TERRITORY ON OR IN RELATION
TO SOFTWARE APPLICATIONS SPECIFICALLY DESIGNED FOR USE WITH CORE EQUIPMENT AND
MOBILE DEVICES;
(Q)
WITHOUT PREJUDICE TO CLAUSE 3.1(A)(VII) AND ANY
OTHER RIGHTS GRANTED UNDER THIS DEED, TO USE THE MARKS IN THE TERRITORY IN
RELATION TO THE CREATION, PUBLICATION AND DISTRIBUTION (INCLUDING IN ELECTRONIC
FORM) OF MAGAZINES WHERE THE PRINCIPAL OR PRIMARY PURPOSE IS THE LISTING OF TV
PROGRAMME SERVICES OR OTHER SIMILAR COMMUNICATIONS SERVICES, PROVIDED THAT THE
LICENSEE SHALL NOT BE PERMITTED TO PUBLISH ANY OTHER PRINTED MAGAZINES EXCEPT AS
PERMITTED IN THIS DEED;
(R)
TO USE THE MARKS IN THE TERRITORY ON OR IN
RELATION TO GIFT TOKENS OR GIFT VOUCHERS FOR THE PURCHASE OF ANY PRODUCTS OR
SERVICES PROVIDED IN ACCORDANCE WITH THIS DEED;
(S)
TO USE THE MARKS IN THE TERRITORY ON OR IN RELATION
TO MOBILE INTERACTIVE SERVICES; AND
(T)
WITHOUT PREJUDICE TO CLAUSES 3.1(A)(V) TO (VIII),
CLAUSES 3.2(A) AND (N) AND ANY OTHER RIGHTS GRANTED UNDER THIS DEED, TO USE THE
MARKS IN THE TERRITORY ON OR IN RELATION TO ANY MOBILE CONTENT EXCEPT THAT, IN
RELATION TO MUSIC, THE LICENSEE MAY ONLY USE THE MARKS IN RESPECT OF RETAILING
OF MUSIC (INCLUDING PROVISION OF ACCESS TO MUSIC OVER MOBILE RADIO
TELECOMMUNICATION SERVICES) SUBJECT TO THE TERMS OF THE VIRGIN RETAIL LETTER
AGREEMENT SET OUT IN SCHEDULE 7 OF THIS DEED.
Restrictions on the exercise of the rights granted pursuant to clauses 3.1 and
3.2
3.3
THE FOLLOWING RESTRICTIONS SHALL APPLY
TO THE EXERCISE OF THE RIGHTS GRANTED PURSUANT TO CLAUSES 3.1 AND 3.2:
(A)
VEL RECOGNISES THAT MEMBERS OF THE NTL GROUP MAY:
(I)
USE THE DOMAIN NAMES AND FORMS OF TECHNOLOGY
OR MEDIA NOW IN EXISTENCE OR DEVELOPED IN THE FUTURE THAT ARE OR WILL BE BY
THEIR NATURE ACCESSIBLE WORLDWIDE, INCLUDING THE INTERNET AND CERTAIN TV
BROADCASTS (SUCH AS SATELLITE) WHICH HAVE A LARGER REACH OR FOOTPRINT THAN CAN
BE
22
CONTAINED BY A TERRITORIAL GRANT OF RIGHTS; AND
(II)
PROVIDE REMOTE ACCESS TO ANY SERVICES FORMING
PART OF THE LICENSED ACTIVITIES TO CUSTOMERS TEMPORARILY LOCATED OUTSIDE THE
TERRITORY,
AND VEL ACKNOWLEDGES AND AGREES THAT SUCH WORLDWIDE OR EXTRA-TERRITORIAL REACH
OR REMOTE ACCESS TO THE LICENSED ACTIVITIES SHALL NOT BE CONSIDERED A BREACH BY
THE LICENSEE OR ANY MEMBER OF THE NTL GROUP OF THIS DEED PROVIDED THAT THE
LICENSEE AGREES THAT THE LICENSED ACTIVITIES (OTHER THAN THE ROAMING SERVICES)
SHALL BE TARGETED AT CUSTOMERS WITHIN THE TERRITORY AND THAT THE LICENSEE SHALL
NOT ITSELF AND SHALL PROCURE THAT NO MEMBER OF THE NTL GROUP SHALL ACTIVELY
SOLICIT ORDERS FROM OUTSIDE THE TERRITORY FOR ANY OF THE GOODS OR SERVICES THAT
ARE THE SUBJECT OF SUCH LICENSED ACTIVITIES (OTHER THAN ROAMING SERVICES). WHERE
PRACTICABLE, THE LICENSEE SHALL ALSO INCLUDE A STATEMENT IN ITS USER TERMS TO
THE EFFECT THAT THE COMMUNICATIONS SERVICES AND THE LICENSED ACTIVITIES (OTHER
THAN THE ROAMING SERVICES) ARE NOT MADE AVAILABLE OUTSIDE THE TERRITORY;
(B)
THE LICENSEE ACKNOWLEDGES THAT VEL MAY GRANT OTHER
PARTIES RIGHTS TO