Company and its Affiliates and sublicensees shall comply with all United States laws and regulations controlling the export of licensed commodities and technical data. (For the purpose of this paragraph, licensed commodities means any article, material or supply but does not include information; and technical data means tangible or intangible technical information that is subject to U.S. export regulations, including blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, manuals and instructions.) These laws and regulations may include, but are not limited to, the Export Administration Regulations (15 CFR 730-774), the International Traffic in Arms Regulations (22 CFR 120-130) and the various economic sanctions regulations administered by the U.S. Department of the Treasury (31 CFR 500-600).
Among other things, these laws and regulations prohibit or require a license for the export or retransfer of certain commodities and technical data to specified countries, entities and persons. Company hereby gives written assurance that it will comply with, and will cause its Affiliates and sublicensees to comply with all United States export control laws and regulations, that it bears sole responsibility for any violation of such laws and regulations by itself or its Affiliates or sublicensees, and that it will indemnify, defend and hold Stanford and HHMI harmless for the consequences of any such violation.
Before any Licensed Patent issues, Company will mark Licensed Product with the words Patent Pending as required by applicable laws. Otherwise, Company will mark Licensed Product with the number of any applicable issued and unexpired Licensed Patent as required by applicable laws.
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STANFORD NAMES AND MARKS
Company will not use (i) Stanfords or HHMIs name or other trademarks, (ii) the name or trademarks of any organization related to Stanford or HHMI, or (iii) the name of any Stanford or HHMI faculty member, employee, student or volunteer without the prior written consent of the party (Stanford or HHMI, as the case may be) whose name or trademark is being used. Permission may be withheld at Stanfords or HHMIs sole discretion. This prohibition includes, but is not limited to, use in press releases, advertising, marketing materials, other promotional materials, presentations, case studies, reports, websites, application or software interfaces, and other electronic media. Notwithstanding the foregoing, Company may use Stanfords and/or HHMIs name to report factual events or occurrences to the extent required by applicable law (including securities regulations and rules of any stock exchange or listing entity) or to accurately report to potential or actual investors or collaborators that Company has entered into this Agreement and the terms hereof, provided that any reference to the name of HHMI or any HHMI faculty member, employee, student or volunteer in press releases or similar materials intended for public release is approved in advance by HHMI.