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THIS LICENSE AGREEMENT between the Forest County Potawatomi, Wisconsin a federally recognized Indian Tribe (“FCPC”) d/b/a Potawatomi Bingo Casino (“PBC”) and/or d/b/a Potawatomi Hotel (PH) and marketed jointly as Potawatomi Hotel & Casino collectively (FCPC/PH&C) located at 1721 and 1611 West Canal Street, Milwaukee, WI 53233 and “Licensee.” PLEASE READ THIS INTELLECTUAL PROPERTY LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE ACCEPTING ANY FCPC/PBC SERVICE MARKS, TRADEMARKS, COPYRIGHTS, LOGOS, DESIGNS AND OTHER CREATIVE PRODUCT (“INTELLECTUAL PROPERTY”). PBC REPRESENTS AND WARRANTS THAT IT HAS THE AUTHORITY TO LICENSE THE MARKS AS PROVIDED IN THIS AGREEMENT. THIS AGREEMENT STATES THE TERMS AND UPON WHICH PBC AGREES TO GRANT THIS LICENSE FOR THE LIMITED PURPOSES AS SPECIFIED HEREIN. BY SIGNING BELOW AND ACCEPTING THE INTELLECTUAL PROPERTY PROVIDED, LICENSEE AGREES TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT EXECUTE THIS AGREEMENT OR ACCEPT OR USE THE INTELLECTUAL PROPERTY IN ANY WAY. WITNESSETH WHEREAS, the parties hereto desire to enter into this License Agreement for a limited, non-exclusive, non-assignable, and revocable License for the use of Intellectual Property owned by FCPC as licensed by PBC. NOW, THEREFORE, subject to the terms and conditions hereof, PBC and Licensee agree as follows: The Intellectual Property made available by PBC are provided under license (and not sold) for use only as provided under the terms and conditions of this Agreement. FCPC retains ownership and reserves all rights to the Intellectual Property. TERM The term of this limited nonexclusive License shall commence on the date/time of online acceptance and shall remain in effect until terminated by either party. CONDITIONS OF USE This License is for the use the Intellectual Property Housed at paysbig.com/media-downloads, including property logos, images and style guides. A. PBC hereby expressly grants Licensee a license to use the Intellectual Property made available on this website or otherwise. Licensee shall not modify the Intellectual Property in any way with the exception of enlarging or reducing the size without the express written authorization of PBC’s AGM of Marketing or his/ her designee. B. In accordance with FCPC/PBC’s ownership of the Intellectual Property, Licensee covenants and agrees that nothing contained in this Agreement shall give Licensee any right, title or interest in such Intellectual Property of FCPC/PBC and Licensee hereby agrees that any and all use of the Intellectual Property of FCPC/PBC other than in conformance with this Agreement is prohibited. The use of FCPC/PBC’s Intellectual Property shall inure to the benefit of FCPC/PBC. In connection therewith, Licensee acknowledges and agrees that Licensee shall not authorize or permit any third party to use any Intellectual Property of FCPC/PBC. C. Licensee shall not do or cause to be done any act or thing tending to harm the reputation or goodwill of the licensed Intellectual Property of FCPC/PBC. D. Unauthorized copying or use of the Intellectual Property is expressly prohibited. Licensee may be held legally responsible for any copyright or trademark infringement or other violation of FCPC/PBC’s rights caused or encouraged by a failure to abide by the terms of this Agreement. Licensee may not market, distribute or transfer this license or the Intellectual Property to others. E. A copy of FCPC/PBC’s current Trademark and Logo use policy regarding corporate logos and merchandise as well as the Logo Style Guide is attached hereto and incorporated herein as if fully set forth as Exhibit A. Licensee acknowledges and agrees that FCPC/PBC may change such policy at any time at its sole discretion. TERMINATION FCPC/PBC may terminate this Agreement, effective immediately, upon any breach by the Licensee of this Agreement by delivering written notice of termination to Licensee at the address set forth herein. Deposit of the written noticed with postage prepaid in the United States mail shall constitute delivery. Upon termination, Licensee agrees not to use the Intellectual Property for any purpose whatsoever and/or to destroy all copies of the Intellectual Property. LEGAL This Agreement shall be construed under the laws of the Forest County Potawatomi Community. To the extent that no relevant provisions exist within the laws of the Forest County Potawatomi Community, federal laws shall apply and then the laws of the State of Wisconsin in that order. U.S. copyright and trademark law may be invoked in the event of a violation of intellectual property law. If any legal action or proceeding is brought for the enforcement or violation of this Agreement, or because of any alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement by FCPC/PBC, FCPC/PBC shall be entitled to recover reasonable attorneys’ fees and other expenses related to that action or proceeding in addition to any other relief to which such party is entitled. The parties only intend to apply federal law and the Wisconsin rules of construction for interpreting ambiguous contracts. Nothing in this Agreement shall grant any jurisdiction to the federal courts, State of Wisconsin, or to any other state or any political subdivision thereof, over the provisions of this Agreement. Nothing in this Agreement shall be construed or interpreted to effect a waiver, either limited or otherwise, of FCPC/PBC/ or PH’s sovereign immunity from suit, and no waiver of FCPC/PBC or PH’s immunity from suit may be implied from any related action or document executed hereunder. SURVIVAL OF OBLIGATIONS Termination of the Agreement shall not terminate those obligations that are intended to survive termination, including but not limited to the obligations of confidentiality, non-use and indemnity as agreed to by Licensee in this Agreement. WAIVER A failure of FCPC/PBC to insist upon or enforce any term or provision or to exercise any right, option, or remedy of this Agreement, or to require at any time, performance of any provision hereof shall not be construed as a waiver of any such term or provision. No waiver of any term or provision hereof shall be binding unless made in writing and signed by the AGM of Marketing of PBC, or his or her designee. Nor shall any single or partial exercise of any right or power under this Agreement (or any other terms and conditions) preclude further exercise thereof or the exercise thereof of any other right or power. ASSIGNMENT This Agreement may not be assigned, sub-licensed, or otherwise transferred to any other person or entity without the express prior written consent of the FCPC/PBC General Manager. AMENDMENTS We may make changes to the Site (or "License Agreement"). It is your responsibility to regularly review the Site/License Agreement for updates or changes. If you do not agree to the changes made to the Site/License Agreement, you should not use the Site. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement between FCPC/PBC and Licensee relating to the subject matter contained herein and supersedes any and all prior agreements, whether written or oral, between FCPC/PBC and the Licensee relating to the subject matter contained herein. SEVERANCE If any of the terms or provisions of this Agreement shall be determined to be invalid, illegal, or unenforceable, such provision shall be deemed to be rescinded, and all remaining terms which reasonably can be given effect in the absence of the invalid terms shall remain in force unless it is clearly unreasonable to do so, or such amendment or modification would substantially change the terms of this Agreement to impose new and/or different obligations, economic or legal relationships between the parties or rights of the parties. HEADINGS Section headings contained herein are solely for the purpose of aiding in the location of general subject matter and are not intended to be used in the construction of this Agreement.
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