COMBINATION EXCLUSION Sample Clauses

COMBINATION EXCLUSION. Except as expressly provided herein, no license or immunity is granted under this Agreement by MRV, either directly or by implication, estoppel or otherwise to any third parties acquiring Luminent Products from Luminent for the combination of such Luminent Products with other items or for the use of such combination. Notwithstanding the previous sentence, MRV grants to the direct and indirect customers of Luminent, an immunity from suit under Certain Luminent Patents for the combination of any such Luminent Products with other Luminent Products and their use in such combination where the Luminent Products have no other substantial noninfringing use aside from the combination with other Luminent Products sold or otherwise transferred by Luminent directly or indirectly to such customer.
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COMBINATION EXCLUSION. (a) Except as expressly provided herein, no license or immunity is granted under this Agreement by Palm, either directly or by implication, estoppel or otherwise to any third parties acquiring PalmSource Products from PalmSource for the combination of such PalmSource Products with other items or for the use of such combination. (b) Except as expressly provided herein, no license or immunity is granted under this Agreement by PalmSource, either directly or by implication, estoppel or otherwise to any third parties acquiring Palm Products from Palm for the combination of such Palm Products with other items or for the use of such combination.
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COMBINATION EXCLUSION. Except as expressly provided herein, no license or immunity is granted under this Agreement by 3Com, either directly or by implication, estoppel or otherwise to any third parties acquiring Palm Products from Palm for the combination of such Palm Products with other items or for the use of such combination. Notwithstanding the previous sentence, 3Com grants to the direct and indirect customers of Palm, an immunity from suit under the Galahad Patents for the combination of any such Palm Products with other Palm Products and their use in such combination where the Palm Products have no other substantial noninfringing use aside from the combination with other Palm Products sold or otherwise transferred by Palm directly or indirectly to such customer.
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COMBINATION EXCLUSION. 7 3.5 PALM'S SUBLICENSE RIGHTS WITH RESPECT TO GALAHAD PATENTS........ 8 3.6 DURATION........................................................ 8 3.7 ACQUISITION OF PALM OR TRANSFER OF A BUSINESS OR SUBSIDIARY RELATED TO GALAHAD PATENTS...................................... 8 -i- TABLE OF CONTENTS (continued)
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COMBINATION EXCLUSION. 6 Section 3.5 LUMINENT'S SUBLICENSE RIGHTS WITH RESPECT TO CERTAIN LUMINENT PATENTS....................................................................6 Section 3.6 DURATION...................................................................6
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COMBINATION EXCLUSION. Except as expressly provided herein, no license or immunity is granted under this Agreement by MRV, either directly or by implication, estoppel or otherwise to any third parties acquiring Optical Access Products from Optical Access for the combination of such Optical Access Products with other items or for the use of such combination. Notwithstanding the previous sentence, MRV grants to the direct and indirect customers of Optical Access, an immunity from suit under Certain Optical Access Patents for the combination of any such Optical Access Products with other Optical Access Products and their use in such combination where the Optical Access Products have no other substantial noninfringing use aside from the combination with other Optical Access Products sold or otherwise transferred by Optical Access directly or indirectly to such customer.
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COMBINATION EXCLUSION. Section 3.5 OPTICAL ACCESS'S SUBLICENSE RIGHTS WITH RESPECT TO CERTAIN OPTICAL ACCESS PATENTS.............................................6 Section 3.6 DURATION...................................................................7 Section 3.7 ACQUISITION OF OPTICAL ACCESS OR TRANSFER OF A BUSINESS OR SUBSIDIARY RELATED TO CERTAIN OPTICAL ACCESS PATENTS....................7 Section 3.8 COPIES OF PATENT APPLICATIONS AND INVENTION DISCLOSURES....................8 Section 3.9 THIRD PARTY PATENTS........................................................8 Section 3.10 MRV COVENANT NOT TO SUE....................................................8 Section 3.11 OPTICAL ACCESS COVENANT NOT TO SUE........................................10
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COMBINATION EXCLUSION. 7 Section 3.5 LUMINENT'S SUBLICENSE RIGHTS WITH RESPECT TO CERTAIN LUMINENT PATENTS............................................................. 7 Section 3.6 DURATION............................................................ 7 Section 3.7 ACQUISITION OF LUMINENT OR TRANSFER OF A BUSINESS OR SUBSIDIARY RELATED TO CERTAIN LUMINENT PATENTS...................... 7 Section 3.8 COPIES OF PATENT APPLICATIONS AND INVENTION DISCLOSURES............. 8 Section 3.9 THIRD PARTY PATENTS................................................. 9 Section 3.10 MRV COVENANT NOT TO SUE............................................. 9 Section 3.11 LUMINENT COVENANT NOT TO SUE....................................... 10
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Related to COMBINATION EXCLUSION

  • Non-Exclusive Arrangement Nothing contained in these Terms shall be construed as conferring or granting an exclusive right or obligation upon either party to purchase or sell products or services under these terms. 21. FORCE MAJEURE Neither party shall be liable to the other for any delay or inability to perform its obligations under these terms or otherwise if such delay or inability arises from any act of God, fire, natural disaster, act of government, or any other cause beyond the reasonable control of such party which could not be avoided by the exercise of due care.

  • Combination Products If a LICENSED PRODUCT is sold to any third party in combination with other products, devices, components or materials that are capable of being sold separately and are not subject to royalties hereunder (“OTHER PRODUCTS,” with the combination of products being referred to as “COMBINATION PRODUCTS” and the Other Product and Licensed Product in such Combination Product being referred to as the “COMPONENTS”), the NET SALES of such LICENSED PRODUCT included in such COMBINATION PRODUCT shall be calculated by multiplying the NET SALES of the COMBINATION PRODUCT by the fraction A/(A+B), where A is the average NET SALES price of such LICENSED PRODUCT in the relevant country, as sold separately, and B is the total average NET SALES price of all OTHER PRODUCTS in the COMBINATION PRODUCT in the relevant country, as sold separately. If, in any country, any COMPONENT is not sold separately, NET SALES for royalty determination shall be determined by the formula [C / (C+D)], where C is the aggregate average fully absorbed cost of the Licensed Product components during the prior Royalty Period and D is the aggregate average fully absorbed cost of the other essential functional components during the prior Royalty Period, with such costs being determined in accordance with generally accepted accounting principles. To the extent that any SUBLICENSE INCOME relates to a COMBINATION PRODUCT or is otherwise calculated based on the value of one or more licenses or intellectual property rights held by the COMPANY, an AFFILIATE or SUBLICENSEE, COMPANY shall determine in good faith and report to THE PARTIES the share of such payments reasonably attributable to COMPANY’s or such AFFILIATE’s sublicense of the rights granted hereunder, based upon their relative importance and proprietary protection, which portion shall be the SUBLICENSE INCOME. THE PARTIES shall have the right to dispute such sharing determination in accordance with the dispute provisions of the AGREEMENT.

  • Combination Product The term “

  • Non-Exclusivity The services of the Adviser to the Manager, the Allocated Portion and the Trust are not to be deemed to be exclusive, and the Adviser shall be free to render investment advisory or other services to others and to engage in other activities. It is understood and agreed that the directors, officers, and employees of the Adviser are not prohibited from engaging in any other business activity or from rendering services to any other person, or from serving as partners, officers, directors, trustees, or employees of any other firm or corporation.

  • Non-Exclusive The services of the Administrator rendered to the Trust are not deemed to be exclusive. The Administrator is free to render such services to others. The Administrator shall not be deemed to be affected by notice of, or to be under any duty to disclose to the Trust or Person acting on the Trust’s behalf, information which has come into its possession or the possession of an Interested Party in the course of or in connection with providing administrative or other services to any other person or in any manner whatsoever other than in the course of carrying out its duties pursuant to this Agreement.

  • Additional Exclusions The Insurer shall not be liable for: (i) expenses for “clean-up” away from or beyond the “premises” resulting from any spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of “pollutants” even if the “pollutants” emanated from the “premises”; (ii) expenses for “clean-up” of any spill discharge, emission, dispersal, seepage, leakage, migration or escape of “pollutants” that began before the effective date of this Policy; (iii) fines, penalties, punitive or exemplary damages; (iv) expenses incurred for the “clean-up” of “pollutants” at or from any “premises”, site or location which is or was at any time used by or for any Insured or others for the handling, storage, disposal, processing or treatment of waste.

  • Non-exclusivity, Etc The rights of Indemnitee hereunder will be in addition to any other rights Indemnitee may have under the Charter, the Bylaws or the Maryland General Corporation Law (the "MGCL") or otherwise; provided, however, that to the extent that Indemnitee otherwise would have any greater right to indemnification under any provision of the Charter or Bylaws as in effect on the date hereof, Indemnitee will be deemed to have such greater right hereunder, and provided, further, that to the extent that any change is made to the MGCL (whether by legislative action or judicial decision), the Charter and/or the Bylaws which permits any greater right to indemnification than that provided under this Agreement as of the date hereof, Indemnitee will be deemed to have such greater right hereunder. The Company will not adopt any amendment to the Charter or the Bylaws the effect of which would be to deny, diminish or encumber Indenmitee's right to indemnification under the Charter, the Bylaws, the MGCL or otherwise as applied to any act or failure to act occurring in whole or in part prior to the date upon which the amendment was approved by the Company's Board of Directors and/or its stockholders, as the case may be.

  • Specific Exclusion Stanford does not: (A) grant to ***** any other licenses, implied or otherwise, to any patents or other rights of Stanford other than those rights granted under Licensed Patent, regardless of whether the patents or other rights are dominant or subordinate to any Licensed Patent, or are required to exploit any Licensed Patent or Technology; (B) commit to ***** to bring suit against third parties for infringement, except as described in Section 14; and (C) agree to furnish to ***** any technology or technological information other than the Technology or to provide ***** with any assistance.

  • GENERAL EXCLUSIONS We do not insure for loss caused directly or indirectly by any of the following. Such loss is excluded regardless of any other cause or event contributing concurrently or in any sequence to the loss. These exclusions apply whether or not the loss event results in widespread damage or affects a substantial area.

  • Service Exclusions All of an Employee's years of Service with the Employer shall be counted to determine the vested interest of such Employee except:

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