- 10 - management expertise, and development skills of HSC in exchange for 2 percent of its annual gross profits, in perpetuity, with 1 percent to be paid to Pioneer in return for providing the Local Software and technical advice to HSN. The shareholders also agreed to restrict the activities of HSC to the Tampa Bay area if HSN would agree to exclude itself from the Tampa Bay area. This agreement was reduced to writing in a License Agreement among HSC, HSN, and Pioneer dated June 21, 1985. The License Agreement provided in pertinent part: WHEREAS, the Licensor [HSC] has developed a localized cable displayed mass merchandising programming technique selling quantities of merchandise at retail prices, and has developed an established logo and trademark * * * and has developed through its computer services supplier, Pioneer Data, Inc., the necessary computer support and has developed warehousing, delivery, sales and logistical support, and has developed a corporate infrastructure experienced in dealing in all aspects of sales management and marketing * * * * * * * * * * The Licensors [sic] [HSC] hereby grant to the Licensee [HSN] the exclusive worldwide right and license to enjoy, commercialize and exploit the above described processes * * * This right is inclusive of the right to exclusively use the trademark and Logo * * * and the existing merchandising format and merchandising processes of Licensor [HSC]. * * * * * * * * * * Pioneer Data, Inc., which is the owner of the computer product [sic] which are part of the necessary computer programming to implement or service the above on a national format, shall join in this agreement but its services shall be the subject of a separate computer services agreement.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011