Better not copy my designs ! Copyright Infringement Matter / Federal Court

… WHEREAS, on September XX, XXXX, HDS and Wolff commenced Federal Court action no. 1-XXXX-XX against XXXX and XXXX in the Federal Court of Canada (the “Action”), alleging that XXXX and XXXX contravened certain intellectual property rights as particularly set out in the Statement of Claim; WHEREAS the Parties now wish to resolve all disputes and claims currently between them and to
avoid further litigation, without any admission of liability or wrongdoing;

NOW, THEREFORE, in consideration of a full and final release, the discontinuance of the Action without costs, and the promises and mutual covenants and agreements hereinafter contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Compensation: HDS shall receive compensation in the amount of XXXX XXXX euros (€XXXXXX). HDS and Wolff direct that the payment shall be made by way of a cheque, in the amount of XXXX XXXX euros (€XXXXXX), made out to XXXX, XXXX XXXX, in trust, and delivered to XXXX, XXXX XXXX, attention XXXX, XXXX, within 30 days of counsel XXXX, XXXX XXXX receiving a copy of this Settlement Agreement duly executed by HDS and Wolff.

2. License: Except as permitted herein, XXXX and XXXX will not now or in the future reproduce, use, display or promote the livery designs photographed and/or illustrated in Schedule “A” hereto or any substantial part thereof (the “Design”), whether directly or through their respective officers, directors, shareholders, employees, customers, contractors and suppliers, agents, representatives, partners or
affiliates. HDS and Wolff hereby grant and provide a license, consent and authorization to use, display and maintain the design currently on the exterior of the Bombardier Global XXXX aircraft operated by XXXX and XXXX and photographed in Schedule “B” hereto (the “Aircraft”), and any images of the Aircraft that are necessary for or incidental to the ownership, operation, use, rental, purchase/sale and maintenance the Aircraft, for the life of the Aircraft. The foregoing license extends to any current or future owner, operator, user,
renter, purchaser or servicer of the Aircraft.

3. Marketing:
a. XXXX and XXXX will not now or in the future promote or market the Design, including as it appears on the Aircraft, whether directly or through their respective officers, directors, shareholders, employees, customers, contractors and suppliers, agents, representatives or affiliates, and any reference to the Design on the Aircraft in existing promotional or marketing material of XXXX and XXXX will be removed.

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