COMMERCIAL DISTRIBUTION Sample Clauses

COMMERCIAL DISTRIBUTION. The right from the date of First Broadcast of the Work to exploit or authorise the exploitation of the Programme or part of it including the Work or (except in the case of commissioned sketches) an extract from the Work throughout the world by way of Commercial Distribution by:

COMMERCIAL DISTRIBUTION. Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify every other Contributor ("Indemnified Contributor") against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense. For example, a Contributor might include the Program in a commercial product offering, Product

COMMERCIAL DISTRIBUTION. If you include the Work or any Derivative Work in a commercial product offering, you hereby agree todefend and indemnify Licensor and every Contributor (the "Indemnitees ") against any losses, damages andcosts (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third partyagainst the Indemnitees, to the extent caused by your acts or omissions in connection with your distributionof the Work in a commercial product offering. Indemnitees must: a) promptly notify you in writing of suchclaim, and b) allow you to control, and cooperate with you in, the defense and any related settlementnegotiations. Any Indemnitee may participate in any such claim at its own expense.

COMMERCIAL DISTRIBUTION. The right from the date of First Broadcast of the Work to exploit or authorise the exploitation of the Programme including the Work by Radio Distribution throughout the world subject to payment to the Contributor of amounts equal to the following percentages of the Initial Fee payable once only upon first sale or subscription (and provided that the BBC may elect to buy out any territorial category upon first sale or subscription): Territory Percentage of Initial Fee 2.4.2.1 World 125 2.4.2.2 World excluding USA 75 2.4.2.3 Commonwealth 50

COMMERCIAL DISTRIBUTION. 4.1. In the event You include the Original Code in a commercial product offering, you should do so in a manner that does not create potential liability for the Government of India and NIUA. Therefore, you hereby agree to defend and indemnify the Government of India and NIUA against any Losses arising from claims, lawsuits and other legal actions brought by a third party against the Government of India and NIUA caused by Your acts or omissions in connection with Your distribution of the Original Code in the commercial product offering. 4.2. In case You choose to offer, and to charge a fee for, warranty, support, indemnity and/or liability obligations to one or more recipients of the Original Code, you do so only on Your own behalf and as Your sole responsibility, and not on behalf of the Government of India, NIUA or any other Contributor. You must make it absolutely clear that any such warranty, support, indemnity and/or liability obligation is offered by You alone. Further, you agree to indemnify, defend and hold harmless the Government of India, NIUA and every other Contributor for any liability incurred by or claim asserted against the Government of India, NIUA or such Contributor as a result of such warranty, support, indemnity and/or liability offered by You.

COMMERCIAL DISTRIBUTION. The right from the date of First Broadcast of the Work to exploit or authorise the exploitation of the Programme or part of it including the Work or (except in the case of commissioned sketches) an extract from the Work throughout the world by way of Commercial Distribution by: 3.4.1 Radio Distribution and Non-Theatric Distribution subject to payment to the Writer of royalties of an amount equal to 5.6% of Gross Receipts or in the case of an extract from the Programme of the Extract Fee 3.4.2 Audio Publication subject to the further payments set out in Schedule Two in respect of royalties based on the Gross Receipts or in the case of an extract from the Programme of the Extract Fee and subject to the further provisions set out in Schedule Three Provided that: (1) The BBC shall account to the Writer for any royalties above as follows: (a) Radio Distribution and Non-Theatric Distribution royalties shall be paid to the Writer as set out in Schedule Two below; (b) Audio Publication royalties shall be accounted for as set out in Schedule on the terms set out in Schedule Two. (2) Where the Work has been jointly written or a translation of the Work is also contracted and in either case is contracted from writers separately the royalties above shall be apportioned between the writers; (3) If more than one Work is included in a Programme contracted from writers separately then the royalties above shall be shared in the same proportion as the Writer’s contribution bears to the duration of the whole Programme (4) The Writer acknowledges that such payment takes account of all the circumstances including the right to equitable remuneration for rental and lending rights (5) In the case of verse or of abridgements and/or in order to take account of the specific requirements of third party co-financiers or co-producers the BBC shall be entitled to negotiate in good faith with the Writer a buy out of the Writer’s right to receive any fee residual or royalty in place of the arrangements set out in this Agreement (including Audio Publication). In these negotiations the market value of the additional rights to be bought out will be taken into account.

COMMERCIAL DISTRIBUTION. The right from the date of First Broadcast of the Work to exploit or authorise the exploitation of the Programme including the Work by Radio Distribution throughout the world subject to payment to the Contributor of royalties of an amount equal to 1.5% of Gross Receipts for all exploitation except an undramatised, straight reading (including in translation) of the Work for which the royalty shall be 5% of Gross Receipts provided that (a) where the Work has been jointly written or a translation of the Work is also contracted and in either case is contracted from contributors separately the royalties above shall be shared equally between the contributors and (b) if more than one Work is included in a Programme contracted from contributors separately then the royalties above shall be shared in the same proportion as the Contributor’s Initial Fee bears to the aggregate of the Contributor’s Initial Fee and the other contributors’ initial fees and (c) the Contributor acknowledges that such payment takes account of all the circumstances including the right to equitable remuneration for rental

COMMERCIAL DISTRIBUTION. 제4조. 상업적 배포 Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is Common Public License Version 1.0 (CPL) intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify every other Contributor ("Indemnified Contributor") against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense. 소프트웨어의 상업적 배포자는 최종 사용자, 사업 파트너 등에 대하여 특정한 책임을 수용할 수 있다. 본 라이선스는 프로그램의 상업적 사용을 용이하게 하기 위한 것이지만, 상업적 제품에 프로그램을 포함시키는 기여자는 이로 인해 다른 기여자들에 대한 잠재적인 책임이 발생되지 않는 방법을 사용해야 한다. 따라서 어떤 기여자가 어떤 상업적 제품의 제공에 포함시키는 경우, 해당 기여자(“상업적 기여자”)는 제 3 자가 다른 모든 기여자(“면책 기여자”)를 상대로 제기한 청구, 소송 및 기타 법적인 조치로부터 발생한 모든 손실과 손해 및 비용(총괄하여 손실)에 대하여, 프로그램을 상업적 제품의 제공으로 배포한 것과 관련된 상업적 기여자의 행위나 태만으로 인한 정도까지, 다른 모든 기여자(“면책 기여자”)를 방어하고 면책하는데 동의해야 한다. 이 조항에 있는 의무들은 실제 또는 주장된 지식재산권 침해와 관련된 청구 또는 손해에는 적용되지 않는다. 면책을 받기 위하여 기여자는: a) 상업적 기여자에게 그러한 청구에 대해 서면으로 신속하게 통지해야 하며, b) 방어를 비롯한 관련 화해 협상에 있어서 상업적 기여자가 Common Public License Version 1.0 (CPL) 이를 통제할 수 있도록 허용하고 상업적 기여자와 협력해야 한다. 면책 기여자는 자신의 비용으로 그러한 청구에 참가할 수 있다. For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor's responsi...

COMMERCIAL DISTRIBUTION. Itron is under no obligation to enter into a commercial relationship for resale or distribution of anything you develop under this Agreement. Nothing you develop under this Agreement will be considered for a commercial relationship for resale or distribution if it includes Viral Open Source Software. As used in this section, “Viral Open Source Software” means any Open Source Software subject to a license which seeks to require any party which uses, modifies or distributes such code to make such code (or modification or derivative work thereof) or any other code which may be combined with or linked to such code available in source code form or which may impose any other obligation or restriction with respect to such party's patent or other Intellectual Property Rights.