Additional License Terms. Notwithstanding anything to the contrary herein, the use of the terms “have made” and “make” in the license granted to GSK under Confidential treatment has been requested with respect to portions of this agreement as indicated by “[***]” and such confidential portions have been deleted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
Section 5.1 as well as the Liquidia Respiratory License in Section 5.2(a) and the Inhaled License in Section 5.2(b), shall be subject to the additional terms and restrictions set forth below.
(i) GSK’s license under Section 5.1 to “have made” Research Materials shall be limited to the right to engage a Third Party reasonably acceptable to Liquidia to make Research Materials using PRINT molds supplied by Liquidia (including the right to manufacture PRINT Material) if Liquidia cannot fulfill its obligation to supply Research Materials under Section 9.1(a); provided, that such Third Party shall not have the right to use or access PRINT Tooling unless Liquidia also fails to supply PRINT molds as described above, in which case, Liquidia also shall provide PRINT Tooling to such Third Party. In addition, the foregoing right to “have made” shall apply only when the Parties reasonably agree, based on discussion at the JSC as described in Section 2.1(d)(viii), that engagement of a Third Party as described above is more likely to decrease the delay of conducting the Inhaled Plan due to lack of supply of PRINT Materials and Research Materials than allowing Liquidia to cure such inability to supply.
(ii) GSK’s right to “make” and “have made” Liquidia Respiratory Product, Research Products and Inhaled Products as set forth in Sections 5.2(a) and (b) shall be limited as follows:
(A) after exercise of the Liquidia Respiratory Option or Inhaled Option, as applicable, GSK shall have the right to make, and to engage a Third Party reasonably acceptable to Liquidia to make, the Liquidia Respiratory Product or Research Products, as applicable, using PRINT molds supplied by Liquidia (including the right to manufacture PRINT Material), if Liquidia cannot or does not supply PRINT Materials or Research Products in accordance with an agreed Development Supply Agreement, as required for GSK to develop the Liquidia Respiratory Product or Research Products; provided that GSK and such Third Party shall not have access to or the right to use PRINT Tooling under this Se...
Additional License Terms. The JBE and Contractor agree to the license terms, if any, set forth in Exhibit 4 (Licensed Software and Additional Terms), as additions to (as applicable) the terms of this Section 3.B.1. In the event that the additional terms set forth in Exhibit 4 (Licensed Software and Additional Terms) directly conflict with the terms of this Exhibit 3 (General Terms and Conditions), the terms of this Exhibit 3 shall control.
Additional License Terms. The following additional license terms apply to all desktop configurations and additional products purchased as part of a desktop enrollment.
Additional License Terms. Additional terms and conditions may apply to certain open source or third party components of the Licensed Technology, which terms will be provided to you and which you must affirmatively accept in order to exercise the licenses herein. If such additional terms and conditions conflict in any way with the terms and conditions stated here, the additional terms and conditions will prevail.
Additional License Terms. 9.3.1 Each exclusive license agreement granting rights from AMC to Pfizer and which results from Pfizer’s exercise of the Option will, if mutually agreed by the Parties, contain a provision requiring Pfizer to use Commercially Reasonable Efforts to commercialize a Product or a service (as applicable) in the United States and other countries.
9.3.2 Any license granted to Pfizer for inventions covering diagnostic research tools which results from the exercise of any Option will be non-exclusive.
9.3.3 AMC will have the right under all circumstances to grant a license for AMC Technical Developments to not-for-profit research institutions and the United States Government to use AMC Technical Developments for research and teaching purposes only and not for use in the manufacture, distribution or sale of products. Nothing herein shall affect the United States Government’s rights under the Xxxx Xxxx Act, including the Government license under 35 U.S.C. § 202.
Additional License Terms. Customer will not disclose Products under a Trial License to any person other than Customer’s employees who have a need to know to perform the trial.
Additional License Terms. 1.2.1 The terms of this Agreement shall apply to all follow-on versions, all updates, upgrades, error corrections and bug fixes to the Software provided by Contractor. Except as set forth in this Agreement, Contractor shall have no obligation to provide such follow-on versions, updates, upgrades, error corrections, or bug fixes.
1.2.2 The Licensed Use shall include the right, subject to the license conditions and restrictions set forth in this Agreement, to make or install additional reasonable numbers of copies of the Software and Documentation for non- production archival or back-up purposes and non-production testing and security purposes, provided however, that any copy of the Software or Documentation made by City must bear the same respective copyright and other proprietary notices that appear on the copy of the Software or Documentation furnished to City by Contractor.
1.2.3 Except as set forth herein, Contractor reserves all other rights in and to the Software and Documentation and no implied licenses are granted by Contractor.
1.2.4 City is authorized to use the Licensed Software only for City’s internal purposes and only on the Designated CPU or the Designated Site specified in the Authorization Document.
1.2.5 The City may install the Licensed Software on a back-up or replacement CPU to be used in case the CPU on which the Licensed Software was initially installed fails or requires maintenance.
Additional License Terms. 3.1 The grant of the license in Section 2.1 above is subject to compliance with the following additional terms:
(a) Licensee may not represent or suggest in any way that products or services implementing in whole or in part the Specifications have been approved or certified by the Licensor or have been implemented in compliance with the Specifications. Any such representations or suggestions may only be made pursuant to a separate agreement with Licensor, should Licensee’s products or services meet the standards defined by Licensor in its sole discretion, and only in compliance with the terms and conditions defined in such agreement;
(b) Licensee may disclose in whole or in part the Specifications to a third party only if (i) such third party first agrees to be bound by the terms of this License; and (ii) such disclosure is required for Licensee to exercise its rights under section 2.1 above;
(c) Licensee undertakes not to attempt to secure or register any intellectual property rights for itself in the Specifications or in any subset of the Specifications, including, without limitation, in any logos, names, titles, trademarks, copyright, patentable inventions or business processes set out in the Specifications, irrespective of whether Licensor has actually sought protection for such aspects or not. Licensee shall promptly assign to Licensor all rights in any applications and registrations (including without limitation, any utility or design patents) made in breach of this obligation or abandon such applications and registrations, at Licensor’s discretion. This provision shall not apply to applications to secure or register any intellectual property rights made prior to receipt of the Specifications and any applications and registrations flowing directly from such applications (including, without limitation, continuations, divisional reissuances and foreign counterparts). This provision shall survive the expiration or termination of this License or of any licenses contained therein.
Additional License Terms. 5.6.1.1 Supplier hereby grants to Verizon and its Affiliates and to its and their employees, agents and contractors, a non-exclusive license to: (i) copy, reproduce, display, submit for approval and perform all Apps on the applicable App Store Catalog, in object code format only; and (ii) exploit, use, distribute, transmit, and sublicense for download an unlimited number of copies of all such Apps to Subscribers, in object code format only, such that Subscribers may access and use the corresponding Data Service in accordance with the Agreement or an Authorization Letter.
5.6.1.2 With respect to each Apps submitted to the applicable App Store Catalog, the foregoing license shall commence on the date the App is submitted to the applicable App Store Catalog and will terminate on the earlier of (a) the date the App is removed from the applicable App Store Catalog, or (b) the date of termination of the applicable Authorization Letter. No such removal or termination will terminate a Subscriber’s rights or licenses to continue to use those Apps that were downloaded by the Subscriber prior to such removal or termination. All rights not granted in this Agreement are hereby reserved by Supplier.
Additional License Terms. 6.8.1. Each exclusive license agreement granting rights from TCTC INSTITUTION to TCD INSTITUTION and which results from TCD RESEARCHER’s exercise of the Option will contain a provision requiring TCD INSTITUTION to use Commercially Reasonable Efforts to commercialize a Product or a service (as applicable) in the United States and other countries if
6.8.2. TCTC INSTITUTION will have the right under all circumstances to grant a license for TCTC INSTITUTION TECHNICAL DEVELOPMENTS to not-for-profit research institutions and the United States Government to use TCTC INSTITUTION TECHNICAL DEVELOPMENTS for research and teaching purposes only and not for use in the manufacture, distribution or sale of products. Nothing herein shall affect the United States Government’s rights under the Xxxx Xxxx Act, including the Government license under 35 U.S.C. § 202.
