USE THE LOGO, OR
CONTINUE LICENSEE'S RIGHT TO USE THE LOGO UNDER QUALCOMM'S COMMON LAW RIGHTS.
UNTIL THE LOGO IS PROPERLY REGISTERED, LICENSEE SHALL ACKNOWLEDGE QUALCOMM'S
OWNERSHIP OF SAME BY DISPLAYING A SUPERSCRIPT "TM" TO THE LOGO (E.G., LOGO TM),
OR STATING THAT "THE LOGO IS A TRADEMARK OF QUALCOMM INCORPORATED.
8.3
LOGO DISPLAY.
UNLESS OTHERWISE NOTIFIED BY
QUALCOMM AS SET FORTH IN SECTION 8.2 ABOVE, LICENSEE SHALL PROMINENTLY DISPLAY
THE LOGO ON THE EXTERIOR OF EACH SUBSCRIBER UNIT SOLD BY IT.
THE EXACT EXTERIOR
LOCATION AND SIZE SHALL BE SUBJECT TO LICENSEE'S REASONABLE DISCRETION, PROVIDED
THAT THE LOGO SHALL BE READABLE AND SHALL BE PERMANENTLY AFFIXED. THE LOGO SHALL
BE DESIGNED TO REMAIN VISIBLY DISPLAYED ON THE EXTERIOR OF THE SUBSCRIBER UNIT
8.4
TRADEMARK LIMITATION.
LICENSEE DOES NOT
HEREBY ACQUIRE, AND SHALL NOT ATTEMPT TO ACQUIRE, BY REGISTRATION, USE OR
OTHERWISE, THE LOGO, OR ANY CONFUSINGLY SIMILAR MARK, OR ANY OTHER TRADEMARK,
SERVICE MARK OR TRADE NAME OF OR USED BY QUALCOMM, OR ANY CONFUSINGLY SIMILAR
MARK.
9.
QUALITY CONTROL.
9.1
GENERAL QUALITY OF SUBSCRIBER UNITS.
THROUGHOUT THE TERM OF THIS AGREEMENT, LICENSEE SHALL MAINTAIN, FOR THE
SUBSCRIBER UNITS MANUFACTURED OR SOLD BY IT, AT LEAST THE SAME MANUFACTURING,
SERVICING AND QUALITY STANDARDS CURRENTLY UTILIZED BY LICENSEE IN CONNECTION
WITH ITS OTHER SUBSCRIBER UNITS.
9.2
STANDARDS COMPLIANCE TESTING.
LICENSEE
REPRESENTS AND WARRANTS THAT THE SUBSCRIBER UNITS AND COMPONENTS THAT IT MAKES
OR HAS MADE WILL ADHERE WITH AND CONFORM TO, IN ALL RESPECTS, THE SPECIFICATIONS
CONTAINED IN THE CAI IMPLEMENTED BY SUCH SUBSCRIBER UNITS AND ADOPTED IN THE
TERRITORY IN WHICH SUCH SUBSCRIBER UNITS ARE INTENDED TO BE USED AND THAT
LICENSEE SHALL COMPLY WITH THE RULES, REGULATIONS OR OTHER REQUIREMENTS SET BY
SUCH AUTHORIZED STANDARDS BODY.
LICENSEE SHALL, AT QUALCOMM'S REASONABLE
WRITTEN REQUEST, PERMIT QUALCOMM OR ENTITIES DESIGNATED BY QUALCOMM AND ACCEPTED
BY LICENSEE, WHICH ACCEPTANCE SHALL NOT BE UNREASONABLY WITHHELD OR DELAYED, TO
PERFORM TESTS OF LICENSEE'S SUBSCRIBER UNITS TO ENSURE COMPLIANCE AND CONFORMITY
WITH THE APPLICABLE CAI.
IF SUCH TESTS INDICATE MATERIAL NONCOMPLIANCE OR
NONCONFORMITY THEREWITH, SUCH TESTS SHALL BE AT LICENSEE'S COST AND LICENSEE
SHALL REIMBURSE QUALCOMM FOR ANY SUCH REASONABLE TESTS PERFORMED BY QUALCOMM AT
QUALCOMM'S THEN STANDARD RATES FOR SUCH SERVICES; PROVIDED THAT THE TOTAL FEES
FOR EACH SUCH TEST PERFORMED SHALL NOT EXCEED [***] FOR EACH TEST.
NONCONFORMING SUBSCRIBER UNITS, IF ANY, SHALL NOT BE SOLD OR MARKETED BY
LICENSEE UNTIL THE NON-CONFORMITY IS CORRECTED.
10.
INFORMATION.
10.1
RESTRICTIONS ON DISCLOSURE AND USE.
ALL
DOCUMENTATION AND TECHNICAL AND BUSINESS INFORMATION AND INTELLECTUAL PROPERTY
IN WHATEVER FORM RECORDED THAT A PARTY DOES NOT WISH TO DISCLOSE WITHOUT
RESTRICTION ("INFORMATION") SHALL REMAIN THE PROPERTY OF THE FURNISHING
11
PARTY AND MAY BE USED BY THE RECEIVING PARTY ONLY AS FOLLOWS.
SUCH INFORMATION
(A) SHALL NOT BE REPRODUCED OR COPIED, IN WHOLE OR PART, EXCEPT FOR USE AS
EXPRESSLY AUTHORIZED IN THIS AGREEMENT; AND (B) SHALL, TOGETHER WITH ANY FULL OR
PARTIAL COPIES THEREOF, BE RETURNED OR DESTROYED WHEN NO LONGER NEEDED OR UPON