5.6 Global Agreement. The provisions of this sub-license contain the entire agreement between the parties regarding the trademark, sub-license and permitted uses. These provisions supersede and supersede all prior provisions, negotiations, agreements and obligations relating to the subject matter of this sub-license. This sub-license can only be modified in a letter signed by both parties. “The Linux® trademark is used pursuant to a sublicense from the Linux Foundation, the exclusive licensee of Linus Torvalds, the trademark holder on a global basis.” IN THE MEANTIME, the subcontractor wishes to acquire from the Linux Foundation the right to use the trademark in connection with the authorized goods/services indicated in the application of the subcontractor`s sub-license, insofar as the use of the trademark by the subcontractor is not considered a “fair use”. “authorized goods/services” means Goods/Services based on Linux. Linux-based assets are computer systems and software that use, integrate, or are derived from a version of the Linux kernel, as published by Mr. Torvalds (or his agent or successor) in www.kernel.org. Linux-based services are services that provide, document Linux-based goods, facilitate or improve usage.
“Sublicensee Mark” is the trademark to which sublicensee has applied for permission to be used commercially, as set forth in the Application Approval Statement sent by the Linux Foundation to Lake Sublicensee (“Application Approval Statement”). CONSIDERING that the Linux Foundation was created by M. and that it was in charge of rights. 5.2 Assignment. The Linux Foundation may assign or transfer the rights to this sublicense to a subsidiary, related company, or parent company of the Linux Foundation. The subcontractor may not assign or transfer this sublicense (whether by agreement or by law) without the prior written consent of the Linux Foundation, whose consent may be granted or withheld at its discretion….