TiVo 2004 Annual Report Download - page 149

after such submission, TiVo will be deemed to have [*] such proposed use, (ii) if TiVo withholds its approval in accordance with this clause (d),
Comcast shall modify or cancel the proposed use as reasonably requested by TiVo, and (iii) if TiVo approves such proposed use or [*], no further
approval by TiVo will be required with respect to such use of the TiVo Marks provided that the use, quality and depiction of the TiVo Marks, and the
context in which they are depicted, remains substantially similar to the approved use;
(e) Comcast shall be and remain responsible for any breach of the license rights granted pursuant to this Section 1.3 by any of the Comcast
Sublicensees;
(f) nothing in this Agreement shall in any way extinguish, limit, restrict or curtail, or be deemed to extinguish, limit, restrict or curtail, any rights
that (i) any of Licensee, Comcast Parent or any other Comcast Sublicensees may have to use the TiVo Marks in the absence of this Agreement,
including, without limitation, any constitutional, statutory and common law rights; or (ii) TiVo may have to prevent uses of TiVo Marks by Licensee or
any of the Comcast Sublicensees other than in accordance with the license rights granted pursuant to this Section 1.3, including, without limitation,
legal proceedings in courts of competent jurisdiction; and
(g) Licensee's right to use and display the TiVo Marks shall be limited to TiVo's then-current TiVo Marks [*].
1.4 Patent Marking. TiVo shall have the right [*] to display [*] patent numbers identified by TiVo (including, without limitation, the Goldwasser
patent). TiVo shall be solely responsible for, and shall assume any and all liability associated with, determining which patent numbers are to be displayed [*]
and TiVo agrees that Comcast shall not assume any responsibility or liability in this regard. The inclusion of such patent numbers [*] does not constitute an
acknowledgment by Comcast or any Comcast Affiliates or Comcast Vendors of the applicability of the corresponding patents to any Comcast Products or to
any other products.
SECTION 2. OWNERSHIP AND RIGHTS IN INTELLECTUAL PROPERTY.
2.1 TiVo IP. As between the Parties, all TiVo IP shall at all times remain the sole and exclusive property of TiVo, subject to the licenses and other
rights granted to Licensee under this Agreement.
2.2 Newly Developed IP. All new Intellectual Property Rights that are created by TiVo or a TiVo Affiliate (whether solely or jointly with Comcast or a
Comcast Affiliate) pursuant to a Statement of Work under this Agreement shall vest in and at all times remain the sole and exclusive property of TiVo;
provided that any such new Intellectual Property Rights shall constitute TiVo Experience IP or TIMS IP, as applicable, and shall be subject to the licenses
granted to Comcast pursuant to this Agreement, including the covenant granted pursuant to Section 5.1 (subject to the limitations in Section 5.1). All new
Intellectual Property Rights that are created by Licensee or a Comcast Affiliate (that are not created jointly with TiVo or a
[*] Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment
has been requested with respect to the omitted portions.
5.