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You (the "Company") hereby grants to QuikNode Inc ("QuikNode"), and its subsidiaries, parent, affiliates, successors, assigns, and to other such persons and/or entities as QuikNode may designate (collectively the "Released Parties"), the irrevocable right and permission to reproduce, publish, distribute, display, broadcast, exhibit, and/or in any other way use of the Company's name, image, logo, likeness, photograph, pictures, without limitation (collectively, "Persona"), either alone or together with statements or stories concerning QuikNode's products and services (collectively, the "Statements") in one or more recordings, videos, and still images, including, without limitation, internet and digital materials, and in press, and publicity materials, either alone or accompanied by other material, worldwide, in perpetuity, and royalty- free, for any lawful purpose including, without limitation, the purpose of advertising, publicity, promotion, trade and/or other marketing for QuikNode in any and all media now known or hereafter developed, including, without limitation, on the Internet, and/or other digital media (collectively, the "Materials"). For purposes of this Release, Company shall also include any of such party's employees, participants or other representatives participating in the activities giving rise to the Statements and/or Materials.
The Company will make the Statements without any prior payment or promise of payment, or any other benefit having been made to the Company and without any expectation by the Company of any payment or benefit in return. The Company acknowledges and agrees that the Statements may be used in whole or in part and may be paraphrased, amplified, modified, shortened and/or put into conversational form.
The Company hereby waives any right it may have to inspect and/or approve the use of the Company's Persona and/or the Statements pursuant to this Release, including, but not limited to, any Materials using the Persona and/or the Statements and/or any text, image and/or other creative elements that may be used in conjunction with the Company's Persona and/or the Statements. Nothing herein will constitute any obligation on the part of QuikNode to make any use of any of the rights granted herein.
The Company hereby releases, discharges and agrees to hold harmless the Released Parties from any claims, actions, suits, losses, liabilities, damages, costs, expenses and/or fees (including, without limitation, counsel fees and disbursements) arising out of and/or relating to the use of the Persona, the Statements, and/or the Materials in accordance with the terms of this Release, including, but not limited to, claims in the nature of copyright infringement, defamation, disparagement, slander, false light, violation of the right of privacy or publicity or the like.
The undersigned represents and warrants that: (i) the undersigned has the full right and authority to enter into this Release and to grant all of the rights and releases granted herein; and (ii) the undersigned has carefully and thoroughly read, understood and approves of this Release before executing it, and agrees to be bound by all of its provisions. This Release contains the entire understanding between the Company and QuikNode regarding the use of the Company's Persona and the Statements, supersedes all prior agreements between the Company and QuikNode regarding this matter. The Company may at any time send notice to hi@QuikNode.io stating its desire to revoke permission of the use of the Company's Persona and Statements, in whole, and QuikNode shall use its commercially reasonable efforts to comply with such request. This Release shall be governed by the laws of the State of Florida without regard to its choice of law or conflicts of law principles.