Incredimail 2008 Annual Report Download - page 107

Download and view the complete annual report

Please find page 107 of the 2008 Incredimail annual report below. You can navigate through the pages in the report by either clicking on the pages listed below, or by using the keyword search tool below to find specific information within the annual report.

Page out of 122

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33
  • 34
  • 35
  • 36
  • 37
  • 38
  • 39
  • 40
  • 41
  • 42
  • 43
  • 44
  • 45
  • 46
  • 47
  • 48
  • 49
  • 50
  • 51
  • 52
  • 53
  • 54
  • 55
  • 56
  • 57
  • 58
  • 59
  • 60
  • 61
  • 62
  • 63
  • 64
  • 65
  • 66
  • 67
  • 68
  • 69
  • 70
  • 71
  • 72
  • 73
  • 74
  • 75
  • 76
  • 77
  • 78
  • 79
  • 80
  • 81
  • 82
  • 83
  • 84
  • 85
  • 86
  • 87
  • 88
  • 89
  • 90
  • 91
  • 92
  • 93
  • 94
  • 95
  • 96
  • 97
  • 98
  • 99
  • 100
  • 101
  • 102
  • 103
  • 104
  • 105
  • 106
  • 107
  • 108
  • 109
  • 110
  • 111
  • 112
  • 113
  • 114
  • 115
  • 116
  • 117
  • 118
  • 119
  • 120
  • 121
  • 122

- 12 -
PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE
COMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT UNDER RULE 24b-2 OF THE SECURITIES
EXCHANGE ACT OF 1934; [***] DENOTES OMISSIONS.
(e) directly or indirectly access, launch and/or activate the Services through or from any software application or means other than the Site or
the Customer Client Application (if any);
(f) engage in any action or practice that in Google’s reasonable opinion reflects poorly on Google or otherwise disparages or devalues
Google
’
s reputation or goodwill; or
(g)
create or attempt to create a substitute service or product through use of any of the Services or proprietary information related to them.
5.4 Customer shall not place anything on the Site that in any way implies that Google is responsible for the contents of any Websearch Results
or Advertising Results Sets provided by it or for any web sites accessed via such Websearch Results or Advertising Results Sets.
5.5 Customer shall ensure that there is no use of or access to the Services through the Site or the Customer Client Application (if any) which is
not in compliance with the terms of the Agreement or not otherwise approved by Google,
[***]
5.6
Google may send uncompensated test Queries to the Site or the Customer Client Application (if any) or make uncompensated clicks on any
Advertising Results Sets displayed on the Site at any time to verify Customer’s compliance with any requirements contained in the
applicable Agreement(s).
6.
[***]
6. 1
[***]
7.
Intellectual Property Rights
7.1 Google shall own all right, title and interest, including without limitation all Intellectual Property Rights, relating to the Services (and any
derivative works or enhancements thereof), including but not limited to, all software, technology, information, content, materials,
guidelines, documentation, and the Google Data Protocol(s). Customer shall not acquire any right, title, or interest therein, except for the
limited use rights expressly set forth in the Agreement. Any rights not expressly granted herein are deemed withheld.
7.2 Customer, its licensors, or other applicable third party providers shall own all Intellectual Property Rights in and to Customer Content.
Google shall not acquire any right, title or interest in or to Customer Content, except as provided in this GSA and/or any applicable Order
Form.
8.
Trade mark licence
8.1
Each party shall own all right, title and interest, including without limitation all Intellectual Property Rights, relating to its Brand Features.
8.2 For each Agreement Google hereby grants to Customer a non-exclusive and non-
sublicensable licence during the applicable Services Term
to display the Google name and logo and such other of the Google Brand Features as expressly authorised by Google in the applicable
Agreement on the applicable Site solely for the purposes of fulfilling Customer’s obligations to Google as stated in the applicable
Agreement and provided that all such use by Customer is in accordance with the agreed implementation of the Site as set out in the
applicable Order Form (or as varied by agreement in writing between the parties from time to time) and Google’s reasonable instructions
from time to time.
8.3 Customer shall ensure that: a) all use by Customer of the Google Brand Features; and b) Customer’s implementation of the Services,
including but not limited to each Websearch Results Page and each page on which AdSense for Search Sets or AdSense for Content Sets
are displayed, complies with Google’s then current Google Branding Guidelines and any content contained or referenced therein, which
may be found at the following URL: (or such other URL Google may provide from time to time.
8.4 Customer hereby grants to Google a non-exclusive and non-sublicensable licence during the term of this GSA to include Customer’s name
and logo in presentations, marketing materials and customer lists (including, but not limited to, in customer lists posted on Google’s web
sites and in screen shots of Customer
’
s implementation of the Services).
8.5 Except as stated in this GSA and/or any applicable Order Forms, neither party acquires any right, title or interest in or to the other party’s