Distribution License. 2.1 Xxxxxx Networking shall have an exclusive right to distribute and sell the Game and its peripheral products in North China, North-west China and South-west China; Shengqu shall grant Nanjing Xxxxxx an exclusive license to distribute and sell the Game and its peripheral products in Central-south China and East China; Shengqu shall grant Bianfeng an exclusive license to distribute and sell the Game and its peripheral products in North-east China.
2.2 The Licensees shall, during the term of this Agreement, diligently and faithfully provide the Services, distribution and sell the Game and its peripheral products in the Territory and shall use its best endeavors to maintain the goodwill of Shengqu in the Territory. The Licensees shall leave in position and not cover or erase any notices or other marks (including, without limitation, details of patents or notices that a trademark design or copyright relating to the Game is owned by Shengqu or a third party) which Shengqu may place or affix to the Game.
2.3 During the term of this Agreement, the Licensees shall not sell, sublicense, export or assist in or be a party to the export of the Game outside the Territory.
Distribution License. Upon Certification of the Software Title, approval of the Marketing Materials and the FPU test version of the Software Title by Microsoft, and subject to the terms and conditions contained within this Agreement, Microsoft grants Publisher a non-exclusive, non-transferable, license to distribute FPUs containing Redistributable and Sample Code (as defined in the XDK License) and Security Technology (as defined above) within the Sales Territories approved in the Software Title’s Concept in FPU form to third parties for distribution to end users and/or directly to end users. The license to distribute the FPUs is personal to Publisher and except for transfers of FPU through normal channels of distribution (e.g. wholesalers, retailers), absent the written approval of Microsoft, Publisher may not sublicense or assign its rights under this license to other parties. For the avoidance of doubt, without the written approval of Microsoft, Publisher may not sublicense, transfer or assign its right to distribute Software Titles or FPU to another entity that will brand, co-brand or otherwise assume control over such products as a “publisher” as that concept is typically understood in the console game industry. Publisher may only grant end users the right to make personal, non-commercial use of Software Titles and may not grant end users any of the other rights reserved to a copyright holder under US Copyright Law, Japanese Copyright Law, or its international equivalent. Publisher’s license rights do not include any license, right, power or authority to subject Microsoft’s software or derivative works thereof or intellectual property associated therewith in whole or in part to any of the terms of an Excluded License. “Excluded License” means any license that requires as a condition of use, modification and/or distribution of software subject to the Excluded License, that such software or other software combined and/or distributed with such software be (a) disclosed or distributed in source code form; (b) licensed for the purpose of making derivative works; or (c) redistributable at no charge.
Distribution License. Subject to the terms and conditions of this Agreement, Licensor hereby grants to Licensee, under all of Licensor's intellectual property rights in and to the Licensed Software, a worldwide, non-exclusive, non-transferable (except as provided in Section 11.1 below) license to distribute copies, in Object Code format only, of the Licensed Software and/or Derivative Works only as incorporated into the Licensee Products. Except as expressly provided in Section 2.4 below, Licensee shall have no right to sublicense the rights granted under this Section 2.3
Distribution License. (a) Distributor is hereby granted for the term of this Agreement a nonexclusive, nontransferable right and license to distribute electronically the XxxXxxxx Information via the Distributor Service solely for access by Internet users of the Distributor Service (such users referred to herein as "Subscribers"), provided that the XxxXxxxx Information is supplied to the Subscribers by means (such as data encryption, or packet transmission-digitizing) which prevent unauthorized reception, use or retransmission and further provided that Distributor has executed in advance any and all necessary documents with the various Sources, which documents have been accepted and approved by the Sources. Notice of such Sources' acceptance and approval must be supplied to S&P XxxXxxxx, Inc. prior to Distributor's use or distribution of the XxxXxxxx Information.
(b) Distributor agrees and understands that it shall directly provide the XxxXxxxx Information to Subscribers, except as specifically set forth in Exhibit B. Distributor also agrees and understands that it is not permitted to sublicense, transfer, or assign its rights hereunder and that it shall not permit the redistribution of the XxxXxxxx Information by any Subscriber or by any other third party without the express prior authorization of S&P XxxXxxxx, Inc. pursuant to a separate agreement or by mutually agreeable amendment executed and attached hereto.
(c) Distributor agrees that the XxxXxxxx Information shall not be dynamically updated.
(d) Licensee shall be prohibited from: (i) distributing the Information through any joint or co-branded sites, and (ii) authorizing any third party to link a third party site to the Information.
Distribution License. (a) Distributor is hereby granted for the term of this Agreement a nonexclusive, nontransferable right and license to distribute electronically the ComSxxxx Xxxormation via the Distributor Service solely for access by Internet users of the Distributor Service (such users referred to herein as "Subscribers"), provided that the ComSxxxx Xxxormation is supplied to the Subscribers by means (such as data encryption, or packet transmission-digitizing) which prevent unauthorized reception, use or retransmission and further provided that Distributor has executed in advance any and all necessary documents with the various Sources, which documents have been accepted and approved by the Sources. Notice of such Sources' acceptance and approval must be supplied to S&P ComSxxxx, Xxc. prior to Distributor's use or distribution of the ComSxxxx Xxxormation.
(b) Distributor agrees and understands that it is not permitted to sublicense, transfer, or assign its rights hereunder and that it shall not permit the redistribution of the ComSxxxx Xxxormation by any Subscriber or by any other third party without the express prior authorization of S&P ComSxxxx, Xxc. pursuant to a separate agreement or by mutually agreeable amendment executed and attached hereto.
Distribution License. Subject to the terms and conditions of this Agreement, Palm hereby grants to Licensee a personal, limited, non-exclusive, non-transferable, worldwide (subject to Section 2.8(a)), royalty-bearing license to use, reproduce, and distribute, directly and indirectly through its standard distribution channels: (a) the Palm OS Software and Palm Device Applications, in object code form, solely when embedded into Licensee Products; (b) the Palm Desktop Software and Palm Installation CD Files, in object code form, and Palm End-User Documentation solely when bundled with Licensee Products; and (c) any Upgrades, Updates and New Versions, in object code form only, on a stand-alone basis to be used solely with Licensee Products. Licensee certifies that, except as provided in Section 2.2(c), it will distribute the Palm OS Software and Palm Device Applications only as incorporated into Licensee Products which, by an objective examination of such factors as cost, product features and pricing, represent a significant enhancement of such Palm Software (with regard to both value and function). Licensee acknowledges and agrees that at such time it elects to distribute any Upgrade. Update or New Version, whether contained in or bundled with a Licensee Product or on a stand-alone basis pursuant to the terms of this Section, Licensee shall distribute the complete New Version, Update and Upgrade in its entirety and may not distribute only a subset of same.
Distribution License. Upon Certification of a Software Title, approval of the Marketing Materials and the Verification Version of the Software Title by Microsoft (as provided in Section 8.3 above), and subject to the terms and conditions contained within this Agreement, Microsoft grants EA a non-exclusive, non-transferable, license to distribute FPUs containing Redistributable and Sample Code (as defined in the XDK License) and Security
Distribution License to distribute and display the Software Product(s) on a standalone basis as authorized herein, only in Object Code form, only as limited by the Field of Use, and only to End-Users located within the Territory through a single tier of distribution consisting only of sales personnel with face-to-face contact with End-Users.
Distribution License. 3.1. Armoza shall exclusively own the right to internationally distribute the Developed Format and any derivatives thereof (including any spin-offs, remakes and sequels) in the Territories and in the Languages for all existing and all future broadcast platforms and/or Commercial uses (the "Distribution License").
3.2. The Distribution License shall include Armoza's exclusive license to (i) distribute the Format in the Territories, using the Languages, for the production and broadcasting of Local Versions based on the Format; and (ii) distribute the finished tapes of any Local Version ("ready mades") for broadcasting within the Territories; including the grant of any Commercialization rights; all in accordance with the terms and conditions of this Agreement.
3.3. Subject to Section 2.5 above, the Distribution License shall survive in perpetuity, and in any event shall be valid for a period of at least 25 years (the "License Period"). For the avoidance of doubt, Armoza's Ownership Rights shall survive in perpetuity.
3.4. In consideration of the Distribution License granted to Armoza pursuant to this Agreement, Armoza will receive a thirty-five percent (35%) distribution fee of Total Income (the "Distribution Fee").
3.5. Any out of pocket investment in funding the Development Process, whether by Armoza and/or by a third party and/or by the Participant (if any), shall be reimbursed prior to revenue sharing as stated in Section 3.6 below following deduction of the Distribution Fee, in the following order: (i) Armoza's investment; (ii) third parties' investment; and (iii) the Participant's investment.
3.6. The Total Income shall be received by Armoza and divided between the Parties following deduction of the Distribution Fee, in accordance with their percentage of Ownership Rights.
3.7. Armoza shall report to the Participant of its share of the Total Income received by Armoza (the "Participant's Share") within up to 14 days from Armoza's receipt of any Total Income, and shall pay to the Participant its share of the Total Income within up to 14 days from receipt of a valid invoice by the Participant. Upon the Participant's request, Armoza shall furnish the Participant with annual deals status report and Total Income received.
3.8. For the avoidance of doubt, it is hereby agreed that the Participant is the sole responsible for distributing the Participant's Share of the Total Income with any third parties, such as its relevant partners, to the extent there are any...
Distribution License. Subject to the terms and conditions of this Agreement, SDI hereby grants to CSC and its affiliates, under all of SDI's intellectual property rights in and to the VTB Software, a worldwide, non-exclusive, non-transferable (except as provided in Section 10.2 below) license to use the VTB Software for internal purposes (provided a license for such use has been purchased from SDI) and distribute units of VTB Software purchased hereunder through its normal distribution channels, in machine-readable, compiled object code format only, and only when bundled with CSC Products or sold to customers of CSC who have purchased CSC Products. For each CSC Product sold to a customer, CSC shall only issue one (1) VTB Software license and the VTB Software shall only be distributed to end users who agree to be bound by the terms of the End User License Agreement. Except as expressly provided in Section 2.4 below, CSC shall have no right to sublicense the rights granted hereunder by SDI, provided that CSC and its affiliates may use subdistributors in their distribution efforts. CSC agrees that it shall be responsible for the compliance of its affiliates and subdistributors of the relevant terms of this Agreement. CSC shall not distribute or market the VTB Software in any manner except as expressly provided in this Section 2.3. Notwithstanding the foregoing, SDI agrees that it shall not distribute the VTB Software through OEM's which are automatic test equipment vendors to the semiconductor industry prior to January 1, 2000.
