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As set out in its Statutes, the Princess of Asturias Foundation (hereinafter, the “Foundation”) is a non-profit private institution whose essential aims are to contribute to extolling and promoting those scientific, cultural and humanistic values that form part of the universal heritage of humanity and to consolidate the existing links between the Principality of Asturias and the title traditionally held by the heirs to the Crown of Spain.
In carrying out the activities that constitute its founding aim, the Foundation uses a series of distinctive emblems (which include, among others, word and figurative marks), registered or not, of which the Foundation is the sole and exclusive owner (the “Foundation’s Marks”). Said trademarks include the names "Princess of Asturias Foundation", "Prince of Asturias Foundation", "Princess of Asturias Awards" and "Prince of Asturias Awards", as well as the following combination marks and their variants:
The Foundation is the only institution legitimately permitted to use or authorize the use of the Foundation’s Marks. In order for another person or entity to be able to use them, it will be necessary in all cases to obtain prior, express, written authorization from the Foundation (the “Authorization” or the “Authorization to Use”).
Given that the Authorization to Use constitutes the only license to use the Marks, any use of the Foundation’s Marks without said mandatory Authorization will be deemed illegitimate, regarding which situation the Foundation reserves the right to initiate any court proceedings to which it may be entitled in order to defend its legitimate interests, including the reputation and prestige of the Foundation and its Marks.
The provisions of the preceding paragraph shall also apply to any third parties with whom the Foundation has maintained a legal relationship of any nature (contractual or otherwise). Merely by way of example, former members of a Jury who have granted the Prince of Asturias or Princess of Asturias Awards in any of the categories established in the Foundation’s Regulations; those who have received one of the aforementioned Awards; the Foundation’s Patrons; or its Trustees in any activity or communication they may carry out or make that does not fall within the functions set out in the Foundation's Statutes, will need an Authorization to Use in order to use the Foundation’s Marks.
For the sake of clarity, the Foundation is fully free to decide whether to grant or deny Authorizations to Use the Foundation’s Marks, as well as the terms and conditions under which it may grant the corresponding Authorizations, when deemed appropriate. Likewise, the Foundation shall be free to revoke Authorizations to Use at any time without the need to give its reasons or without having to make any form of compensation for doing so.
The Authorizations to Use the Marks granted by the Foundation shall in all cases be individual and non-transferable –and hence may not be transferred or sub-licensed or be the object of additional authorizations to use to third parties, nor may they be transmitted to any third party by any means whatsoever (including via inheritance or succession)– and shall be subject to the strictest respect for the good name, prestige and renown of the Foundation’s Marks.:
Notwithstanding any other instruction that the Foundation may give, all Authorizations to Use will, by default, be subject to the following restrictions
The use of the Foundation’s Marks in relation to any illegal activities or content, contrary to the principles of the Foundation, public order or propriety or that could affect the Foundation’s prestige, shall likewise not be permitted.
In no case whatsoever shall uses of the Foundation’s Marks be allowed that may give rise to confusion regarding the link or relationship of the authorized subject or third parties with respect to the Foundation, or that are likely to take undue advantage of the Foundation’s reputation or renown.
The Authorizations to Use that, if applicable, were granted by the Foundation shall not bind the Foundation in any way whatsoever with respect to the statements, communications, declarations or any other actions carried out by the holder of the Authorization, without prejudice to those actions the Foundation may undertake against those who have violated the terms in which the corresponding Authorization had been granted.
The Foundation may collect information from the holders of Authorizations to Use on any intended or effectuated uses of the Foundation’s Marks and the latter must immediately provide said information to the Foundation (including, if requested, prior to the putting into effect of said use), the Foundation reserving the right to request any modification or to veto the intended use.
Notwithstanding the foregoing, any use of the Foundation’s Marks by the holders of any Authorization to Use that (a) is to be included in any media or communication channel of national or international scope (including, without limitation , television, radio, press, websites, social networks, platforms for hosting and reproducing multimedia content, as well as any other means of communication of a similar nature or scope), (b) implies the joint use of the Foundation’s Marks with signs, emblems or marks of public entities, political parties or social activist groups, or (c) is, in another way, likely to have a major media impact, must be sent to the Foundation ten days in advance with respect to its date of putting into effect, the Foundation reserving the right to request any modification or to veto the intended use.
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