Be Developers:
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Thank you for your interest in Be Incorporated ("Be") and your request to use the Be® housemark in association with your product developed for the Be operating system ("BeOS®"). In order to begin, Be asks that you carefully read the following statements, sign and fill out the general information form below and return all to Be.
Print and fax this form to (650) 462-4129, attention Sylvie Pelaprat

TERMS OF THE HOUSEMARK AGREEMENT

Be is the owner of the Be housemark and the family of Be marks and logos, including but not limited to, Be, BeOS, BeBox, and BeWare ("the Be marks"). You may use the Be mark, as part of the title of your BeOS compatible software or product, so long as you indicate that your product is compatible with specific Be products including but not limited to the Be Operating System ("BeOS"). Any reference to any Be mark, including as part of your software title, must indicate that the mark(s) are the trademarks of Be, Incorporated.

In recognizing the value and public awareness associated with the Be marks, you acknowledge that any use of the Be mark(s) by you belongs and accrues to the benefit of Be. You agree not to seek any registration for any mark or name which is similar to, or includes the Be mark(s). Be reserves the right to deny your use of any Be mark in any instance including but not limited to the title of software or products. You agree that you will submit your proposed software and product title to Be, prior to any use, for Be's approval and quality control purposes. Be reserves the right to receive periodic samples of your products free of charge for quality assurance and control purposes.

You may not assign or sublicense your rights under this letter agreement to any other individual or entity, without prior written consent from Be, Incorporated.

This letter agreement is governed by the laws of the State of California. If any provision of this letter agreement is held to be unenforceable, then it shall be severed and shall not affect the enforceability of the remaining paragraphs. Any breach of any provision of this Agreement by you will result on its termination. Should such termination occur, you agree to immediately stop using the Be mark(s)

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