7. inKind Intellectual Property
Merchant acknowledges and agrees that, as between the parties, inKind owns all interest in and to the Offering Website, inKind trade names, logos, trademarks, service marks, domain names, social media identifiers, all data collected through or from the Offering Website, all audiovisual content, video recordings, audio recordings, photographs, graphics, artwork, text or any other content created by inKind or at inKind's direction, or assigned to inKind, and any materials, software, technology or tools used or provided by inKind to promote, resell or distribute the goods and services and conduct its business in connection therewith (collectively "inKind IP"). Merchant shall not use, sell, rent, lease, sublicense, distribute, broadcast, transmit, stream, place shift, transfer, copy, reproduce, download, time shift, display, perform, modify or timeshare the inKind IP or any portion thereof, or use such inKind IP as a component of or a base for products or services prepared for commercial use, sale, sublicense, lease, access or distribution, except that inKind grants Merchant a limited, non-exclusive, revocable, non-transferable, non-sub licensable license to use inKind's mobile merchant software application, solely for the purposes permitted by that software until all Gift Cards have been redeemed. Merchant shall keep the inKind IP confidential, and shall not prepare any derivative work based on the inKind IP or translate, reverse engineer, decompile or disassemble the inKind IP.
Merchant shall not take any action to challenge or object to the validity of inKind's rights in the inKind IP or inKind's ownership or registration thereof. Except as specifically provided in this Agreement, Merchant and any third party assisting Merchant with its obligations in this Agreement, are not authorized to use inKind IP in any medium without prior written approval from an authorized representative of inKind. Merchant shall not include any trade name, trademark, service mark, domain name, social media identifier, of inKind or its affiliates, or any variant or misspelling thereof, in any trademark, domain name, email address, social network identifier, metadata or search engine keyword. Merchant shall not use or display any inKind IP in a manner that could reasonably imply an endorsement, relationship, affiliation with, or sponsorship between Merchant or a third party and inKind. All rights to the inKind IP not expressly granted in this Agreement are reserved by inKind.