Nautilus 2009 Annual Report Download - page 221

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9.
Domain Names:
9.1.
Nautilus shall cooperate with Buyer to direct internet traffic seeking information of commercial products to a website
designated by Buyer.
9.2.
Buyer shall not register or attempt to register any domain name that is in whole or in part the same as or confusingly similar to
a Licensed Mark.
10.
Registration, Filings and Enforcement.
10.1. Registrations and Filings. Nautilus, in its sole discretion, has the option to, but is not required to: (i) file additional
applications to register marks in the United States and/or in any other country or trademark registration jurisdiction;
(ii) maintain any registration for any one or more of the Licensed Marks in any country; (iii) file to register copyrights in the
United States in the name of Nautilus as owner for any one or more copyrighted works; and/or (iv) file any U.S. Patent
Application, and/or maintain a patent or pending application for any one or more inventions. Buyer shall cooperate with
Nautilus, at Buyer
’s expense, and as requested by Nautilus, by providing information concerning the use of marks and
specimens of use so as to assist Nautilus to maintain registrations.
10.2. Enforcement. Nautilus has the sole right and option, at Nautilus’ sole discretion, to take any or no action against violators or
alleged violators of any of the subject matter licensed by this License and/or relating thereto. Buyer has no right to and shall
not threaten to initiate or take any action relating to the Licensed Marks, Licensed Patents, and/or to any other subject matter
or rights relating to this License.
10.3.
Possible Enforcement by Buyer:
10.3.1. If Buyer discovers that any of the Licensed Patents and/or Licensed Marks are infringed, Buyer shall timely
communicate the details of the infringement to Nautilus. Nautilus shall thereupon have the right, but not the
obligation, to take whatever action it deems necessary, including the filing of lawsuits, to protect the rights of the
Parties to this License and to terminate such infringement. Buyer shall provide reasonable assistance to Nautilus at
Buyer’s expense, if Nautilus takes any such action, but all expenses of Nautilus shall be borne by Nautilus. If
Nautilus recovers any damages or compensation for any action it takes hereunder, Nautilus shall retain 100% of
such damages after reimbursement of Buyer
’
s expenses incurred in assisting Nautilus in this action.