A material licensor is not required to seek intellectual property rights when introducing materials. 10.3 Global Agreement. Subject to the conditions laid down in this Directive, this Agreement constitutes the entire agreement and understanding between the licensor and the licensee with respect to the subject matter contained therein and replaces all prior agreements between the licensor and the licensee with respect to the licensee`s right to use a standard. No modification or waiver of this Agreement is binding unless it is signed in writing and signed by both parties and no waiver of any breach of this Agreement shall be deemed a waiver of any other or subsequent breach. Where any provision of this Agreement is declared invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall be omitted and the remaining terms shall remain in full force and effect. An agreement in the form of Annex A to this Directive on intellectual property, which may be amended from time to time by the Council, between the Council and an implementer referring to a standard. All members and third parties participating in or participating in a working group, meeting or initiative of technical processes shall be subject to this Directive and, if approved by the Council, to any rules of procedure (the “Rules of Procedure”) for that meeting or initiative. Where a third party is authorised by the Council to participate in a working group or any other technical process of the Council, it shall conclude an agreement approved by the Council, in which it agrees to be bound by the conditions of this Directive. This License Agreement (the “Agreement”) is a beneficial legal agreement between you and PCI Security Standards Council, LLC, based at 401 Edgewater Place, Suite 600, Wakefield, MA 01880 (“Licensor”), which owns the copyright in the standards, specifications or other materials accessible by clicking the “ACCEPT” button below (a “Standard” each).
As used in this Agreement, “you” and “Licensee” means the company, legal person or natural person that acquires a license under this Agreement. The use by the Council of trademarks, registered or otherwise registered of third parties is subject to the directives, procedures and guidelines established and approved by the owners of such trademarks, as well as to the applicable law or as stipulated in a separate applicable agreement between the Council and such third party. Where a company initiates a patent litigation against you or any other company (including a counter-claim or counter-action in a dispute) claiming that your licensed materials or the technical specification, recommendation or other expense to which you have submitted them constitute a direct or contributory infringement of the patent, your non-claim agreement in favour of that entity terminates from the date, in which such a dispute is filed. . . .