Additional Third Party Technology Clause Samples
The "Additional Third Party Technology" clause defines the terms under which technology, software, or tools provided by entities other than the main contracting parties may be used or integrated within the scope of the agreement. This clause typically outlines the responsibilities for obtaining necessary licenses, ensuring compliance with third-party terms, and addressing liability or support issues related to such technology. For example, if a software product incorporates open-source libraries or external APIs, this clause clarifies how those components are governed. Its core function is to allocate responsibility and clarify obligations regarding third-party technology, thereby reducing legal and operational risks associated with its use.
Additional Third Party Technology. Notwithstanding the foregoing license grants, the following principles shall apply with respect to any in-license or acquisition from a third party of Intellectual Property rights that claim or disclose claimable materials, inventions or technology that is reasonably necessary and useful in the Field:
Additional Third Party Technology. If one or both Parties become aware of rights held by Third Parties that may be desirable to obtain by license or other means for the Development, manufacture, Commercialization or use of any Collaboration Compound or Product in the Territory, including to avoid any claims or litigation concerning infringement by a Third Party against BMS or COLLABORATOR in the Territory, the Parties shall follow the procedures set forth in Section 5.5. Any such costs related to any such licensed Third Party technology shall be allocated in accordance with Section 5.5.
Additional Third Party Technology. If one or both Parties become aware of rights held by Third Parties that may be desirable to obtain by license or other means for the Development, manufacture (if related solely MDX-010 or another Antibody), Commercialization or use of any Product or MDX-1379 in the Territory, including to avoid any claims or litigation concerning infringement by a Third Party against BMS or Medarex with respect to the United States, the Parties shall follow the procedures set forth in Section 6.7.2. Any such costs related to any such licensed Third Party technology shall be allocated in accordance with Section 6.7.2, provided any Third Party technology licensed under the Existing In-License Agreements, the Existing Out-License Agreements or the PHS Agreement shall be allocated instead in accordance with Section 6.7.3. or 6.7.4, as applicable.
