USEUse We Don’t Coast to tell your story—whether it’s a community, county or organization. Just be sure you are part of the six-county region and you’re sharing a positive message. User Agreement
A few rules for using the brand assets:
- We Don’t Coasttm is about what’s good here – that’s it. We don’t judge other places, but we are proud of what we have to offer. Use We Don’t Coasttm to speak positively about our region. Not negatively about others.
- We Don’t Coasttm should only be used by businesses, organizations and communities within the six counties that comprise the Greater Omaha region.
- We Don’t Coasttm may not be used for political purposes.
THIS LICENSE AGREEMENT (the “Agreement”) is made by and among The Greater Omaha Chamber of Commerce (“Licensor”), a Nebraska non-profit corporation, and the undersigned party (“Licensee”).
RECITALS: Licensee desires to utilize certain intellectual property owned by Licensor, and Licensor desires to grant Licensee a non-exclusive, non transferrable license to use the intellectual property identified in this Agreement. Therefore, in consideration of the mutual covenants made herein, Licensor and Licensee agree as follows:
1. Grant. Licensor grants Licensee a nonexclusive, nontransferable license to use the trademark, We Don’t Coast (the “IP”), for use in production and resale of products manufactured by the Licensee, which are more particularly described in Section 2 of this Agreement (the “Products”). Licensor may, in its sole discretion, grant the same or similar licenses to other third parties.
2. Use. The IP shall be used in connection with products as indicated in the intentions form, in promoting tourism, business and economic development in the Omaha metropolitan area.
4. Term; Termination. This agreement is valid for a term of 12 months from the Effective Date. Upon written, mutual agreement of the parties, this Agreement may be extended by the parties for an additional period to be agreed upon by the parties. Unless otherwise amended by a separate writing, any renewal shall be upon the same terms and conditions of this Agreement. Licensor, in its sole discretion and for any or no reason, may terminate this Agreement and the license granted hereunder by providing notice to Licensee.
5. Title. The IP shall remain the sole and exclusive property of Licensor and Licensor shall retain all right, title and interest in the IP, including all derivative works, improvements, variations, modification, or additions to the IP.
6. Indemnification. Licensee shall indemnify, defend and hold harmless Licensor and its officers, directors, shareholders, employees, agents, and representatives from and against any and all claims, demands, losses, damages, judgments, costs, or expenses, including reasonable attorneys’ fees, to the extent relating to or arising out of, directly or indirectly, any third party claim that the IP or Products infringe or misappropriate a patent, trademark, copyright, trade secret, or other proprietary right. Licensee shall pay any costs, all resulting damages, or awards of settlement including court costs and reasonable attorneys’ fees arising out of any such claim, demand or action; provided, that Licensor shall give prompt written notice of any such claim, demand, or action to Licensee which shall have sole control of the defense and settlement thereof.
8. Miscellaneous. Should Licensee fail to comply with any of the terms of this Agreement, Licensor may, upon written notice, immediately terminate this Agreement and all rights granted herein. Nothing in this Agreement is intended to confer any rights or remedies on any third persons. This Agreement shall be governed by and construed according to the laws of the State of Nebraska, without regard to conflicts of laws principles. For purposes of resolving all matters that may arise under, or in connection with, this Agreement, the parties hereby submit to the jurisdiction of the State and Federal courts in the State of Nebraska. The provisions of this Agreement are declared severable so any invalidity or unenforceability of any provision or application of this Agreement shall not affect other lawful provisions and applications, and any invalid or unenforceable provision shall be reformed to carry out the parties’ intentions. This Agreement may be executed by facsimile or electronic mail and may be executed in multiple counterparts, each of which shall be deemed an original instrument and all of which together shall constitute one and the same agreement.