5.2 Disposal. The Linux Foundation may transfer its rights under this sub-licence to a subsidiary, subsidiary or parent company of the Linux Foundation. The holder of the sublicensing may transfer or transfer this sub-license (or by agreement or application of the law) without the prior written consent of the Linux Foundation, which may be granted or refused at its sole discretion. This sub-licence is in any event binding for the beneficiaries and beneficiaries of the transfer of the parties. 5.6 Full agreement. The provisions of this sublicensing contain the entire agreement between the parties with respect to the trademark, the sign of sublicensing and the permitted uses. These provisions reject and denounce all previous provisions, negotiations, agreements and commitments relating to the purpose of this sublicensing. This sub-license can only be changed in a letter signed by both parties. Neither the Linux Foundation nor Mr. Torvalds does not accept that the Linux Foundation will not grant any other sublicensing to another sublicensing for the use of the trademark in a manner similar to or similar to the sublicensing mark, nor does the Linux Foundation or Mr. Torvalds have an obligation to make reasonable or other efforts to determine whether a sub-license similar to or equal to the sublicensing mark has been granted. In addition, neither the Linux Foundation nor Mr. Torvalds is required to mediate, resolve or otherwise involve in disputes with the sublicensing mark, including, but not limited to, litigation involving potentially conflicting uses.
The sublicensing holder undertakes to exempt and compensate the Linux Foundation and Mr. Torvalds from all claims and costs arising from such disputes related to the sublicensing related to that sublicensing or the sublicensing mark, whether between the sublicensors and other sublicensors, or between sublicens and others claiming rights to the trademark or sub-license worldwide. “The Linux trademark® is used under a sublicensing by the Linux Foundation, the exclusive licensee of Linus Torvalds, owner of the brand worldwide.” 4.1 The Linux Foundation guarantees that it has the right to sublicensing the brand in the United States and elsewhere, where Mr. Torvalds owns the brand. THE LINUX FOUNDATION MAKES NO OTHER GUARANTEE OF EACH CHILD, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION OF ANY IMPLICIT GUARANTEE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (E.G., That each holder of goods/services TO WHICH THE Sublicensee Mark IS Applied ARE Compliant with ANY STANDARDS) AND ANY WARRANTY WITH RESPECT The holder wishes to acquire from the Linux Foundation the right to use the trademark in relation to the authorized goods/services mentioned in the subliclicense declaration of the sublicensing, as the use of the mark by the sublicensing is not considered a “fair use”. “Authorized Good/Services” refers to Linux-based goods/services. Linux-based products are computer systems and software that use, integrate or have derived from any version of the Linux kernel, as was posted by Mr. Torvalds (or his authorized representative or successor) in www.kernel.org. Linux-based services are services that provide, document, facilitate or improve Linux-based goods.
“sublicensing mark” is the trademark that has asked sub-licensed to be allowed to be used in commerce, as stated in the declaration of authorization for the use of the sublicensing sent by the Linux Foundation to the sublicensing (the “declaration of authorization of use”).