License to use MLT Certification Status. During the term of the Certification Agreement, MLT grants to Employer a limited, non sublicensable, non transferable license to publicize its MLT Plan Approved or Certification status, internally and externally, using the mark provided by MLT within guidelines shared with the mark.
MLT’s Property. MLT either owns or is licensed to use all proprietary rights in the Certification, including all copyrights, trademarks, and patent rights associated with the Certification (“MLT Proprietary Information”). Except for information for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, share or sell any such MLT Proprietary Information. For the avoidance of doubt, you retain all rights to the data that you provide to MLT in connection with the Certification.
Confidentiality; Non Disparagement. MLT will maintain confidentiality in accordance with the Certification Agreement. Neither party to this Agreement shall make any untruthful and/or disparaging statements about the other party to any customers, competitors, suppliers, employees or former employees of the other party, including without limitation, to the press or other media.
Limitations on Liability. IN NO EVENT SHALL EITHER PARTY, ITS SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS WHO MAY BE INVOLVED IN MAKING AVAILABLE THE CERTIFICATION, ITS ASSOCIATED SERVICES OR ITS CONTENTS BE LIABLE TO ANY PERSON OR ENTITY FOR AN AMOUNT IN EXCESS OF THE FEES PAID BY EMPLOYER TO MLT DURING THE THEN CURRENT YEAR OF THE CERTIFICATION AGREEMENT FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES OR DAMAGES OTHERWISE ARISING OUT OF PARTICIPATION IN THE CERTIFICATION PROCESS OR USE OF THE CERTIFICATION. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MLT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
MLT Black Equity at Work
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