Limitations. The Licensee understands and agrees that CKI, its Affiliates, licensees, subcontractors or other permitted users may manufacture and sell or authorize third parties to manufacture and sell merchandise of any and all types and descriptions other than the Products in or outside the Territory, and as expressly set forth hereinabove to sell (and in certain instances manufacture) certain Products in the Territory (e.g. gwp’s etc.). In addition, no license is granted hereunder for the sale or distribution of the Licensed Products as premiums or giveaways, or to be disposed of under or in connection with similar methods of merchandising.
Right to Manufacture. The Licensee’s right to manufacture in the Territory is exclusive except that CKI and others have certain limited manufacturing rights as to certain CKI reserved rights to the extent provided for hereunder e.g. GWP’s, Collaborations, Regional expiration. Licensee shall take reasonable precautions to prevent all labels, tags, packaging material, business supplies and advertising and promotional materials and all other forms of identification bearing the Licensed Mark (collectively, “Labels”) from being used otherwise than in connection with the distribution and sale of Licensed Products. The Licensee shall not sell Licensed Products to any entity which it knows, or should know, is an unapproved account or intends to sell other than as permitted hereunder (e.g. for example certain permitted distributors but not jobbers).
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