„The Linux trademark® is used under a sublicensing by the Linux Foundation, the exclusive licensee of Linus Torvalds, owner of the brand worldwide.“ The sublicensed person wishes to acquire from the Linux Foundation the right to use the mark in relation to the authorized goods or services mentioned in the sublicensing declaration of the sublicensing, as long as the use of the mark by the sublicensor is not considered „fair dealing“. „Authorized Good/Services“ refers to Linux-based goods/services. Linux-based products are computer systems and software that use, integrate or have derived from any version of the Linux kernel, as was posted by Mr. Torvalds (or his authorized representative or successor) in www.kernel.org. Linux-based services are services that provide, document, facilitate or improve Linux-based goods. „sublicensing mark“ is the trademark that has asked sub-licensed to be allowed to be used in commerce, as stated in the declaration of authorization for the use of the sublicensing sent by the Linux Foundation to the sublicensing (the „declaration of authorization of use“). CONSIDERING that the Linux Foundation was created by Mr. Torvalds for the explicit purpose of possessing and exercising the exclusive right (a) to sublicate the use of the trademark and value to individuals and corporations in order to protect the right of those responsible to use the trademark in relation to authorized goods or services (as defined here) and (b) to act on behalf of the Linux community; and subject to the other conditions of this sub-licensing, the Linux Foundation hereafter grants a global license to the sub-owner and sub-owner, a non-exclusive sub-license, indefinite, non-transferable, for the use of the sublicensing and good ment in the form on the declaration of authorization for use (for example. B „authorized use“) in relation to the authorized goods/services mentioned in the authorization statement, produced by or on behalf of the sublicensing (if authorized products are permitted) or (if authorized services) are provided. CONSIDERING that Linus Torvalds („Mr. Torvalds“) has certain trademark rights over the Linux brand (the „brand“), including goodwill resulting from its first use and connection to the trademark, formal registrations and common law rights; and 4.1 the Linux Foundation guarantees that it holds the trademark`s sublicensing rights in the United States and elsewhere, where Mr.
Torvalds owns the brand. THE LINUX FOUNDATION MAKES NO OTHER GUARANTEE OF EVERY CHILD, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED GUARANTEE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (E.G., THAT EACH AUTHORIZED GOODS/ SERVICES TO WHICH THE SUBLICENSE MARK IS APPLIED ARE COMPLIANT WITH ANY STANDARDS) AND ANY WARRANTY WITH RESPECT 5.5 LAW AND JURISDICTION IN FORCE. This sublicensing is regulated and interpreted in accordance with the provisions of U.S. Trademark Law and Oregon State Domestic Laws, regardless of its conflict of laws rules. The parties heresily accept the exclusive jurisdiction and jurisdiction of the state and federal courts of Multnomah County, Oregon, for all litigation arising from this sublicensing. 5.6 Full agreement. The provisions of this sublicensing contain the entire agreement between the parties with respect to the trademark, the sign of sublicensing and the permitted uses. These provisions reject and denounce all previous provisions, negotiations, agreements and commitments relating to the purpose of this sublicensing.