Appointment and License Sample Clauses

Appointment and License. Subject to the terms and conditions of this Agreement, BluBØX hereby appoints Reseller as its non-exclusive reseller of the Products throughout the Territory during the Term. Subject to the terms and conditions of this Agreement, BluBØX grants Reseller a limited, non-exclusive, non-assignable right and license during the Term and throughout the Territory to: (i) market, promote, offer, demonstrate, resell and distribute to End Users, and install, service and maintain BluBØX Hardware, (ii) market, promote, offer, demonstrate, resell, and distribute BluSKY Software Licenses to End Users, and (iii) provide first-line technical support for the Products to End Users. Reseller shall not, directly, or indirectly, resell Products or Licenses outside of the Territory, unless approved in advance in writing by BluBØX. Reseller shall not delegate or subcontract its rights or obligations under this Agreement without the prior written consent of BluBØX, except that Reseller may subcontract portions of the installation under Reseller’s supervision. Nothing in this Agreement gives Reseller any rights with respect to other products that BluBØX may develop, manufacture, or market in the future.
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Appointment and License. Subject to and conditional upon all of terms and conditions herein, KLOX hereby:
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Appointment and License. Havoc hereby grants Distributor the exclusive right to distribute and sell Products to Accounts in the Territory, and the limited non-exclusive license to use the Trademarks solely in connection therewith, in each case subject to the remaining provisions of this Agreement.
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Appointment and License. 2.1 Subject to the terms and conditions of this Agreement, Emerald hereby:
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Appointment and License. Subject to the terms and conditions of this Agreement, Oscient hereby appoints MIOL as its exclusive distributor of the Finished Product in the Territory and in connection with such appointment hereby grants to MIOL subject to Section 2.2:
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Appointment and License. Subject to all the terms and conditions of this Agreement, (i) NetApp hereby appoints Dell for the term of this Agreement as a nonexclusive (except as provided in Attachment D Section b), worldwide distributor of the OEM Products directly to End Users and through Dell's affiliated systems integrators, distributors, value added
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Appointment and License. Subject to all the terms and conditions of this Agreement, (i) NetApp hereby appoints Dell for the term of this Agreement as a nonexclusive (except as provided in Attachment D Section b), worldwide distributor of the OEM Products directly to End Users and through Dell's affiliated systems integrators, distributors, value added resellers and resellers, and (ii) as part of such appointment, NetApp hereby grants Dell a nonexclusive, worldwide, nontransferable license to market and distribute the OEM Software only in object code form and for use only with the OEM Products for use by End Users. Packaging specifications for OEM Products are contained in Attachment E. Except as provided in Section 14 (Escrow), neither Dell nor any of its End Users is/are entitled to receive any source code, source information or documentation, or similar materials relating to the OEM Products. The licensed and related rights granted in this Agreement are non-exclusive, subject to Attachment D, Section b. NetApp has the right, upon six (6) months prior written notice to Dell, to make significant changes or modifications to, or to discontinue, any OEM Products and/or any portion of the Licensed Materials; provided, however, that the parties may exercise their rights under the engineering change order provisions in Attachment A-2. Additionally, NetApp agrees to continue to sell or license the discontinued OEM Product and/or portion of the Licensed Materials to Dell under this Agreement for a period of not less than ninety (90) days following such discontinuance.
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Appointment and License 
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Related to Appointment and License

  • Appointment of Agent GE Capital is hereby appointed to act on behalf of all Lenders as Agent under this Agreement and the other Loan Documents. The provisions of this Section 9.2 are solely for the benefit of Agent and Lenders and no Credit Party nor any other Person shall have any rights as a third party beneficiary of any of the provisions hereof. In performing its functions and duties under this Agreement and the other Loan Documents, Agent shall act solely as an agent of Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any Credit Party or any other Person. Agent shall have no duties or responsibilities except for those expressly set forth in this Agreement and the other Loan Documents. The duties of Agent shall be mechanical and administrative in nature and Agent shall not have, or be deemed to have, by reason of this Agreement, any other Loan Document or otherwise a fiduciary relationship in respect of any Lender. Except as expressly set forth in this Agreement and the other Loan Documents, Agent shall not have any duty to disclose, and shall not be liable for failure to disclose, any information relating to any Credit Party or any of their respective Subsidiaries or any Account Debtor that is communicated to or obtained by GE Capital or any of its Affiliates in any capacity. Neither Agent nor any of its Affiliates nor any of their respective officers, directors, employees, agents or representatives shall be liable to any Lender for any action taken or omitted to be taken by it hereunder or under any other Loan Document, or in connection herewith or therewith, except for damages caused by its or their own gross negligence or willful misconduct. If Agent shall request instructions from Requisite Lenders or all affected Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Loan Document, then Agent shall be entitled to refrain from such act or taking such action unless and until Agent shall have received instructions from Requisite Lenders or all affected Lenders, as the case may be, and Agent shall not incur liability to any Person by reason of so refraining. Agent shall be fully justified in failing or refusing to take any action hereunder or under any other Loan Document (a) if such action would, in the opinion of Agent, be contrary to law or the terms of this Agreement or any other Loan Document, (b) if such action would, in the opinion of Agent, expose Agent to Environmental Liabilities or (c) if Agent shall not first be indemnified to its satisfaction against any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action. Without limiting the foregoing, no Lender shall have any right of action whatsoever against Agent as a result of Agent acting or refraining from acting hereunder or under any other Loan Document in accordance with the instructions of Requisite Lenders or all affected Lenders, as applicable.

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