EACH USE OF ANY MARK.
UNDER NO CIRCUMSTANCES WILL MEDQUIST REMOVE
OR COVER THE LOGO, INSIGNIA, SERIAL NUMBERS OR LETTERING THAT MAY BE ON THE
PRODUCTS AT THE TIME OF DELIVERY.
ON EXPIRATION OR TERMINATION OF THIS
AGREEMENT, THE LICENSE GRANTED UNDER THIS SECTION 17.4 WILL AUTOMATICALLY
TERMINATE AND MEDQUIST WILL IMMEDIATELY CEASE AND DESIST ALL USE OF THE MARKS
LICENSED UNDER THIS AGREEMENT.
17.5.
MEDQUIST INTENDS TO MARKET THE PRODUCTS DESCRIBED IN THIS AGREEMENT
UNDER THE TRADEMARK "SPEECHQTM" AND CERTAIN TRADEMARKS TRADE NAMES, SERVICE
MARKS, LOGOTYPES, AND OTHER COMMERCIAL SYMBOLS RELATED THERETO (COLLECTIVELY,
THE "SPEECHQ MARKS").
PSP FURTHER ACKNOWLEDGES AND AGREE THAT (I) THERE IS
SUBSTANTIAL AND VALUABLE GOODWILL IN THE SPEECHQ MARKS; (II) AS BETWEEN PSP AND
ANY OF ITS AFFILIATES ON THE ONE HAND, AND MEDQUIST AND ANY OF ITS AFFILIATES ON
THE OTHER, MEDQUIST OWNS ALL RIGHTS TO THE SPEECHQ MARKS AND ALL GOODWILL
RELATED TO THEM; (III) NEITHER PSP NOR ANY OF ITS AFFILIATES WILL CONTEST
MEDQUIST'S OWNERSHIP OF THE SPEECHQ MARKS, OR THE VALIDITY OF THE SPEECHQ MARKS,
AT ANY TIME DURING OR AFTER THE TERM OF THIS AGREEMENT; AND (IV) NEITHER PSP NOR
ANY OF ITS AFFILIATES WILL MISAPPROPRIATE THE SPEECHQ MARKS, INFRINGE ON
MEDQUIST'S RIGHTS IN THE SPEECHQ MARKS, OR USE THE SPEECHQ MARKS WITHOUT
MEDQUIST'S PRIOR WRITTEN CONSENT, AT ANY TIME DURING OR AFTER THE TERM OF THIS
AGREEMENT.
17.6.
ANY ADVERTISING, PUBLICITY, RELEASE OR OTHER DISCLOSURE OF
INFORMATION CONCERNING THIS AGREEMENT SHOULD BE RELEASED ONLY AFTER RECEIVING A
PRIOR WRITTEN APPROVAL BY BOTH PARTIES EXCEPT AS REQUIRED BY LAW.
18.
CONFIDENTIAL INFORMATION.
EACH PARTY TO THIS AGREEMENT HAS
IMPARTED AND MAY FROM TIME TO TIME IMPART TO THE OTHER CERTAIN CONFIDENTIAL
INFORMATION RELATED TO THE PERFORMANCE OF THIS AGREEMENT AND THE PRODUCTS OR THE
MARKETING OR SUPPORT THEREOF (INCLUDING SPECIFICATIONS THEREFOR), AND EACH PARTY
MAY OTHERWISE OBTAIN CONFIDENTIAL INFORMATION CONCERNING THE BUSINESS AND
AFFAIRS OF THE OTHER PURSUANT TO THIS AGREEMENT.
EACH PARTY HEREBY AGREES THAT
IT WILL USE SUCH CONFIDENTIAL INFORMATION SOLELY FOR THE PURPOSES OF THIS
AGREEMENT AND THAT IT WILL NOT DISCLOSE, WHETHER DIRECTLY OR INDIRECTLY, TO ANY
THIRD PARTY SUCH INFORMATION OTHER THAN AS REQUIRED TO CARRY OUT THE PURPOSES OF
THIS AGREEMENT.
IN THE EVENT OF AND PRIOR TO SUCH DISCLOSURE, THE DISCLOSING
PARTY WILL OBTAIN FROM SUCH THIRD PARTIES DULY BINDING AGREEMENTS TO MAINTAIN IN
CONFIDENCE THE INFORMATION TO BE DISCLOSED TO THE SAME EXTENT AT LEAST AS SUCH
PARTY IS SO BOUND HEREUNDER.
THE FOREGOING PROVISION WILL NOT PREVENT THE
DISCLOSURE OR USE BY A PARTY OF ANY INFORMATION WHICH IS OR HEREAFTER, THROUGH
NO FAULT OF SUCH PARTY BECOMES PUBLIC KNOWLEDGE OR TO THE EXTENT PERMITTED BY
LAW, PROVIDED THAT EACH PARTY HAS A REASONABLE OPPORTUNITY TO PREVENT OR LIMIT
SUCH DISCLOSURE.
MEDQUIST WILL RETURN TO PSP ALL CONFIDENTIAL INFORMATION
RECEIVED PURSUANT TO THIS AGREEMENT OR OTHERWISE IN ITS POSSESSION OR CONTROL ON
TERMINATION OF THIS AGREEMENT, OR FORTHWITH ON THE REQUEST OF PSP.
19.
REMEDIES ON BREACH.
EACH PARTY ACKNOWLEDGES THAT