Commercial Nature Sample Clauses

Commercial Nature. The Medidata Applications, Study Use Licenses and Medidata Services are business products and services, the application of which is commercial rather than consumer-oriented in nature. In executing this Agreement, the parties recognize, to the maximum extent permitted by applicable law, that the consumer protection laws in the Territory do not apply.
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Commercial Nature. The parties hereto recognize this Agreement is of a commercial nature and will be construed in accordance with applicable commercial laws. All disputes, controversies or claims (Hereinafter singularly, "Controversy" and collectively, "Controversies") arising out of this Agreement shall be settled by binding arbitration pursuant to the following express procedure:
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Commercial Nature. [17] In evaluating the purpose and character of the use, the Court must also consider ‘‘whether such use is of a com- mercial nature or is for nonprofit edu- cational purposes.’’ 17 U.S.C. § 107(1). ‘‘The commercial/nonprofit dichotomy con- cerns the unfairness that arises when a secondary user makes unauthorized use of copyrighted material to capture significant revenues as a direct consequence of copy- ing the original work.’’ Am. Geophysical Union v. Texaco Inc., 60 F.3d 913, 922 (2d Cir. 1994). But ‘‘because ‘nearly all’ fair uses of copyrighted works are conducted for profit, the Second Circuit has cautioned that ‘the more transformative the new work, the less will be the significance’ of the commercial sub-factor.’’ Prince, 265 X. Xxxx. 3d at 382 (alteration omitted) (quot- ing Cariou x. Xxxxxx, 714 F.3d 694, 708 (2d Cir. 2013)). [18] Plaintiff argues that because the Met charges a general admission fee to out-of-town visitors to the museum, it is a commercial enterprise and therefore the use at issue is commercial, notwithstanding the Met’s status as a nonprofit organiza- tion.10 Pl. Sur-Reply at 2–3; see Def. Reply 10. Plaintiff asserts that ‘‘there can be no dis- pute that Defendant charges patrons admis- sion to view Plaintiff’s photograph on Fifth Avenue.’’ Pl. Resp. at 5. As noted in the main
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Related to Commercial Nature

  • Commercialization Reports Throughout the term of this Agreement and during the Sell-Off Period, and within thirty (30) days of December 31st of each year, Company will deliver to University written reports of Company’s and Sublicensees’ efforts and plans to develop and commercialize the innovations covered by the Licensed Rights and to make and sell Licensed Products. Company will have no obligation to prepare commercialization reports in years where (a) Company delivers to University a written Sales Report with active sales, and (b) Company has fulfilled all Performance Milestones. In relation to each of the Performance Milestones each commercialization report will include sufficient information to demonstrate achievement of those Performance Milestones and will set out timeframes and plans for achieving those Performance Milestones which have not yet been met.

  • RESEARCH AND PUBLICATION 29 CONTRACTOR shall not utilize information and/or data received from COUNTY, or arising out 30 of, or developed, as a result of this Agreement for the purpose of personal or professional research, or 31 for publication. 32

  • Research Reports Distributor acknowledges that Dealer may prepare research reports relating to the Fund that are not to be used for marketing purposes (“Research Reports”). Distributor hereby authorizes Dealer to use the name of the Fund, Distributor and BREDS in Research Reports.

  • Technology Research Analyst Job# 1810 General Characteristics

  • Development Reports Beginning six months after Effective Date and ending on the date of first commercial sale of a Licensed Product in the United States, LICENSEE shall report to Cornell progress covering LICENSEE's (and Affiliate's and Sublicensee's) activities and efforts in the development of rights granted to LICENSEE under this Agreement for the preceding six months. The report shall include, but not be limited to, activities and efforts to develop and test all Licensed Products and obtain governmental approvals necessary for marketing the same. Such semi-annual reports shall be due within sixty days (60) of the reporting period and shall use the form as provided herein as Appendix C.

  • Research and Development (i) Advice and assistance in relation to research and development of Party B; (ii) Advice and assistance in strategic planning; and

  • Root-­‐zone Information Publication ICANN’s publication of root-­‐zone contact information for the TLD will include Registry Operator and its administrative and technical contacts. Any request to modify the contact information for the Registry Operator must be made in the format specified from time to time by ICANN at xxxx://xxx.xxxx.xxx/domains/root/.

  • Research Primary Investigator as part of a multi-site study (25 points) • Co-Investigator as part of a multi-site study (20 points) • Primary Investigator of a facility/unit based research study (15 points) • Co-Investigator of a facility/unit based research study (10 points) • Develops a unit specific research proposal (5 points) • Conducts a literature review as part of a research study (5 points)

  • Development Within twenty (20) Working Days after the Commencement Date and in accordance with paragraphs 3.10 to 3.12 (Amendment and Revision), the Contractor will prepare and deliver to the Authority for approval the full and final Security Plan which will be based on the draft Security Plan set out in Appendix B.

  • Tests and Preclinical and Clinical Trials The preclinical studies and clinical trials conducted by or, to the Company’s knowledge, on behalf of the Company, that are described in the Registration Statement, the Pricing Disclosure Package and the Prospectus, as applicable, and are intended to be submitted to the U.S. Food and Drug Administration (the “FDA”) or other comparable government entities, were and, if still ongoing, are being conducted in all material respects in accordance with experimental protocols, procedures and controls pursuant to accepted professional scientific standards and all Authorizations and Applicable Laws, including, without limitation, current Good Clinical Practices and Good Laboratory Practices and any applicable rules and regulations of the jurisdiction in which such trials and studies are being conducted; the descriptions of the results of such studies and trials contained in the Registration Statement, the Pricing Disclosure Package and the Prospectus are, to the Company’s knowledge, accurate and complete in all material respects and fairly present the data derived from such studies and trials; except to the extent disclosed in the Registration Statement, the Pricing Disclosure Package and the Prospectus, the Company is not aware of any studies or trials, the results of which the Company believes reasonably call into question the study or trial results described or referred to in the Registration Statement, the Pricing Disclosure Package and the Prospectus when viewed in the context in which such results are described and the clinical stage of development; and, except to the extent disclosed in the Registration Statement, the Pricing Disclosure Package or the Prospectus, the Company has not received any written notices or written correspondence from the FDA or any governmental entity requiring the termination or suspension of any preclinical studies or clinical trials conducted by or on behalf of the Company, other than ordinary course communications with respect to modifications in connection with the design and implementation of such trials, copies of which communications have been made available to you.

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