Degree of Exclusivity. The license granted in Section 2.1(a) is exclusive. As used herein, “exclusive” shall mean that Spectrum may not:
Degree of Exclusivity. Except as otherwise provided herein, the license granted in Section 2.1 shall be exclusive for the life of the Agreement. As used herein, "exclusive" shall mean that Profile may not grant any other license to any other third party of the Licensed Technology, in whole or in part, within the Field of Use, and that Profile and its Affiliates may not practice any claim encompassed within the foregoing within the Field of Use. Notwithstanding the foregoing, Profile and other third parties reserve the right to make, to have made, use or sell, directly or through others, for any products embodying or otherwise using the Licensed Technology for applications outside the Field of Use.
Degree of Exclusivity. The licensee's ability to grant sub-licenses of the licensed trademark. See Assignment and Other Dealings. • Quality control in relation to the licensed trademark. See Quality Control. • Payments (for example, how and when the licensee should make payment to the licensor, and how the amounts due are to be calculated). See Payment. There will be other provisions to consider, and mutual obligations to be placed on both of the parties, to ensure that the terms of the license work for all. There will be various considerations for each of the parties, depending on the circumstances. The licensor will want to ensure that the licensee has sufficient financial resources to be able to pay royalties in accordance with the payment terms. The licensee will want to ensure that the licensor and its brand has a good reputation in the marketplace, as this could impact on the licensee's ability to sell licensed goods or services bearing the licensed trademark. Both parties will also need to consider the potential impact of their license on competition in the relevant marketplace. Federal Law No. 12.529/2011 (known as the Competition Act) grants decision-making power to the Brazilian Antitrust Authority (Conselho Administrativo de Defesa Econômica (CADE)). XXXX has the power to investigate agreements, including trademark licenses, which could be problematic from an antitrust perspective if, the trademark, and the promotion of the trademark, make it difficult for new competitors to enter the marketplace, representing a strong barrier to entry. XXXX might deem it necessary to suspend the offending trademark, to make room for competitors. Depending on the circumstances, the suspension could be for a determined period of time, or within a specific territory. XXXX also has the federal administrative power to impose alternative remedies, such as: • The compulsory licensing of the trademark for a determined period of time to new market entrants with less than 20% market share. • The sale of the trademark. The parties are free to challenge these remedies before the courts. Formalities
Degree of Exclusivity. Except as otherwise provided herein, the license granted in Section 2.1 shall be exclusive for the life of the Agreement. As used herein, "exclusive" shall mean that CS Medical may not grant any other license to any other third party of the Licensed Technology, in whole or in part, and may not itself practice any claim encompassed within the foregoing on a commercial basis within the Field of Use. Notwithstanding the foregoing, CS Medical and its Affiliates may use any of the Licensed Technology solely and exclusively for their own internal and noncommercial research and development purposes within the Field of Use, and CS Medical and other third parties reserve the right to make, to have made, use or sell, directly or through others, for any products embodying or otherwise using the Licensed Technology for applications outside the Field of Use.
