(iii) “Events” means professional wrestling matches and other events, engagements, appearances, filmings, photography shoots, autograph signings and other business and charitable events relating to professional wrestling or sports entertainment, whether or not staged before a live audience, in a television broadcast studio, on location or otherwise.
(iv) McMahon hereby grants to the Company the exclusive right during the Term to video tape, film, photograph, or otherwise record, or to authorize others to do so, by any media now known or hereinafter discovered, McMahon’s writing, appearance, performance, commentary, and any other work product for or related to the Events or for or related to any and all of the services performed by McMahon pursuant to the terms herein. (These recordings by tape, film, photograph, disc, or otherwise are collectively referred to herein as the “Footage”).
(v) Notwithstanding the termination of this Agreement for any reason, and notwithstanding any other provision of this Agreement, the Company shall have the right to produce, reproduce, reissue, manipulate, reconfigure, license, manufacture, record, perform, exhibit, broadcast, transmit, publish, copy, compile, print, reprint, vend, sell, distribute use or otherwise disseminate the Footage in perpetuity by any form of media, now or hereafter devised (including without limitation, free, cable, pay cable, closed circuit and pay per view television, the internet, video on demand, and subscription video on demand), CD, DVD, videodisc, videocassette, optical, electrical and/or digital compilations, theatrical motion picture and/or non-theatrical motion picture.
(e) Inventions. All Inventions made or conceived by McMahon, either solely or jointly with others, during McMahon’s employment by the Company and within one (1) year after termination of such employment, whether or not such Inventions are made or conceived during the hours of McMahon’s employment or with the use of the Company’s facilities, materials, or personnel, shall be the property of the Company or its nominees. “Invention” means discoveries, concepts, and ideas, whether patentable or not, including apparatus, processes, methods, techniques, and formulae, as well as improvements thereof or know-how related thereto, relating to any present or prospective activities of the Company or its subsidiaries. McMahon shall, without royalty or any other additional consideration: (i) inform the Company promptly and fully of such Inventions by written reports, setting forth in detail a description, the operation and the results achieved; (ii) assign to the Company all McMahon’s right, title, and interest in and to such Inventions, any applications for United States and foreign Letters Patent, any continuations, divisions, continuations-in-part, reissues, extensions or additions thereof filed for upon such Inventions and any United States and foreign Letters Patent; (iii) assist the Company or its nominees, at the expense of the Company, to obtain, maintain and enforce such United States and foreign Letters Patent for such Inventions as the Company may elect; and (iv) execute, acknowledge, and deliver to the Company at its expense such written documents and instruments, and do such other acts, such as giving testimony in support of McMahon’s inventorship and invention, as may be necessary in the opinion of the Company to obtain, maintain or enforce the United States and foreign Letters Patent upon such Inventions and to vest the entire right and title thereto in the Company and to confirm the complete ownership by the Company of such Inventions.
(f) McMahon Intellectual Property and Life Story.
(i) The Company acknowledges and agrees that McMahon owns (A) McMahon’s legal name “Vincent K. McMahon,” and variants thereof (including “Mr. McMahon”), (B) McMahon’s image, voice, likeness, and other distinguishing characteristics, (C) McMahon’s personal experiences, biography and life story, and (D) all other rights of publicity and persona relating to McMahon (collectively, the “McMahon Intellectual Property”). To the extent any rights in any McMahon Intellectual Property have vested in, or been assigned to, the Company, the Company hereby irrevocably assigns all right, title and interest in and to such rights to McMahon. McMahon hereby grants to the Company the non-exclusive right to use the McMahon Intellectual Property after the Term, as provided elsewhere herein. McMahon acknowledges and agrees that the Company shall own in perpetuity all Works (including without limitation the Footage) and that the Company shall have perpetual rights in such Works, irrespective of the inclusion in such Works of the McMahon Intellectual Property, and McMahon hereby grants to the Company a non-exclusive, perpetual right to use the McMahon Intellectual Property as incorporated in such Works.
(ii) The Company further acknowledges and agrees that McMahon will have the exclusive right to communicate, convey, commercialize, license, or otherwise exploit his life story, including to create, develop, publish, perform, display, use, license, and otherwise exploit any content and works relating to the same, in any form or medium, whether now known or hereafter created, including without limitation any books (memoir, biography, autobiography, etc.), articles or essays, audio recordings, audiovisual works (documentary, biopic, scripted program, dramatization, fictionalization, etc.) (the “Life Story Rights”). The Company hereby irrevocably waives (A) any right or license it may have to exercise or exploit any Life Story Rights based on rights that have vested with or been granted to the Company under applicable law or any prior agreement with McMahon, (B) any right of approval with respect to any exercise of the Life Story Rights and any embodiment thereof, and (C) any claim for breach of any covenant or undertaking of McMahon relating to confidentiality, non-disparagement, non-competition, or other restrictive covenant or affirmative undertaking binding on McMahon that results from any content, communication, or action in connection with any exercise of the Life Story Rights and any embodiments thereof. The Company hereby grants to McMahon and his successors and assigns a non-exclusive, perpetual, irrevocable, worldwide license (with the right to sublicense) to reproduce, prepare derivative works of, display, perform, and otherwise use any Works or intellectual property rights of the Company relating to McMahon’s life story in connection with any exercise of the Life Story Rights by or on behalf of McMahon and his successors and assigns and in any content or works developed based on the Life Story Rights in any form or medium, whether now known or hereafter created.
(g) Injunctive Relief. McMahon agrees and warrants that the covenants contained herein are reasonable, that valid consideration has been and shall be received therefor and that the agreements set forth herein are the result of arm’s-length negotiations between the parties hereto. McMahon acknowledges that a breach of any of the covenants contained in this Section 6 may result in material, irreparable injury to the Company for which there is no adequate remedy at law, that it shall not be possible to measure damages for such injuries precisely and that, in the event of such a breach or threat of breach, the Company shall be entitled to obtain a temporary restraining order and/or a preliminary or permanent injunction restraining McMahon from engaging in activities prohibited by this Section 6 or such other relief as may be required to specifically enforce any of the covenants in this Section 6.
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