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Res 2013-187/Approving an interlocal cooperation agreement w/Dallas County Schools DBA Texserve to enforce and administer the automated school bus stop arm enforcement program
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Res 2013-187/Approving an interlocal cooperation agreement w/Dallas County Schools DBA Texserve to enforce and administer the automated school bus stop arm enforcement program
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1/22/2015 4:18:13 PM
Creation date
12/20/2013 2:27:10 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2013-187
Date
12/17/2013
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6.0 LICENSE AND RESERVATION OF RIGHTS <br />A. Reservation of Rights. <br />City and Texserve hereby acknowledge and agree to the following: <br />1. FxS is the sole and exclusive owner of the Busguard System, the FxS Marks, <br />all Intellectual Property arising from or relating to the Busguard System, and <br />any and all related Equipment; <br />ii. City neither has nor makes any claim to any right, title or interest in any of the <br />foregoing, except as specifically granted or authorized under this Agreement; <br />and <br />iii. By reason of the exercise of any such rights or interests of City pursuant to this <br />Agreement, the City shall gain no additional right, title or interest therein. <br />B. Restricted Use. <br />The City hereby covenants and agrees that it shall not: <br />i. make any modifications to the Busguard System including, but not limited to, <br />any Equipment; <br />ii. alter, remove or tamper with any FxS Marks; <br />111. use any of the FxS Marks in any way which might prejudice their <br />distinctiveness, validity or the goodwill of FxS therein; <br />iv. use any trademarks or other marks other than the FxS Marks in connection with <br />the City's use of the Busguard System pursuant to the terms of this Agreement <br />without first obtaining the prior consent of Texserve and FxS; or <br />V. disassemble, de- compile or otherwise perform any type of reverse engineering <br />to the Busguard System including, but not limited to, any Equipment, or to any <br />Intellectual Property or Proprietary Property of FxS, or cause any other person <br />to do any of the foregoing. <br />C. Protection of Rights. <br />Texserve and/or FxS shall have the right to take whatever action it deems necessary <br />or desirable to remedy or prevent the infringement of any Intellectual Property of <br />FxS including, without limitation, the filing of applications to register as trademarks <br />in any jurisdiction any of the FxS Marks, the filing of patent applications for any of <br />the Intellectual Property of FxS, and making any other applications or filings with <br />appropriate Governmental Authorities. The City shall not take any action to remedy <br />or prevent such infringing activities, and shall not in its own name make any <br />registrations or filings with respect to any of the FxS Marks or the Intellectual <br />Property of FxS without the prior written consent of Texserve and FxS. <br />D. Infringement. <br />7 <br />
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