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| Disclaimer of Warranty |
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Western
Family Foods, Inc. (WFF) assumes no responsibility for errors or omissions
in these materials. THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NO LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT. WFF further does not warrant the accuracy or completeness
of the information, text, graphics, links or other items contained within
these materials. Our company shall not be liable for any special, indirect,
incidental, or consequential damages, including without limitation, lost
revenues or lost profits, which may result from these materials. Our company
may make changes to these materials, but makes no commitment to update
the information contained herein.
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| Trademark. |
| Use of Trademark.
Western Family is the owner of certain rights, titles and interests
in registered and unregistered Trademarks and labels ("Trademarks").
Supplier agrees to pack Products to be purchased by Western Family under
such Trademarks and labels designated by Western Family and in accordance
with express instructions as to the preparation of Product packaging. Western
Family’s Trademarks shall include the service marks, Trademarks, trade
names, insignia, symbols, related artwork, film and plates, decorative designs,
trade dress, logos, and names that Western Family assigns to Products. Supplier
acknowledges that any prior use or continued use in the future of the Trademarks,
by Supplier in connection with this Agreement, or otherwise, has inured
to and will continue to inure solely to the benefit of Western Family. Supplier
grants to Western Family a non-exclusive license to use any Supplier-owned
trademarks which are used on Product manufactured for Western Family. |
| Supplier admits and
agrees to the validity and enforceability in all respects of Western Family’s
Trademarks and copyrights. Supplier agrees that it will not participate
in any attack on the validity or enforceability of any of Western Family’s
Trademarks or copyrights whether in court, the United States Patent and
Trademark Office, the United States Copyright Office, or elsewhere except
as may be required in response to a subpoena. It is the intent of the parties
that this paragraph shall have claim-and issue-preclusive effect. |
| Western Family
Exclusive Ownership. The ownership and exclusive use of the Trademarks
and any other Trademarks and patents, copyrights, designs, Products, specifications,
trade secrets, and other intellectual property of Western Family and derivative
works thereof shall remain vested in Western Family or its affiliates. Supplier
shall not acquire any right to or under any Trademarks, patents, copyrights,
designs, goodwill, or other property of Western Family. If such rights should
become vested in Supplier, Supplier agrees, upon Western Family’s request,
to assign any and all such rights to Western Family. |
I UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THESE SERVICES
ARE AT MY SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THIS SERVICE IS AT MY OWN DISCRETION AND RISK.
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