Common use of EX-PROGRAM PRODUCTS Clause in Contracts

EX-PROGRAM PRODUCTS. Subject to the terms and conditions of this Agreement and any applicable Burdened Technology Obligations, and on a compound-by-compound basis, Aventis hereby grants to Millennium a worldwide, non-exclusive, non-royalty-bearing license, under Aventis' rights to the Program Intellectual Property (excluding the Aventis Research Program Chemistry Intellectual Property), to use Scientifically-Qualified Targets to Develop Ex-Program Products [**]; PROVIDED, HOWEVER, that with respect to each Scientifically-Qualified Target, such license shall be limited to (i) know-how disclosed to Millennium prior to the date such target is designated a Scientifically-Qualified Target, (ii) Patent Rights which exist as of the date such target is designated a Scientifically-Qualified Target, and (iii) any claim of a patent which (A) claims priority from a patent application within Patent Rights which exists as of the date such target is designated a Scientifically-Qualified Target and (B) is adequately supported in such application from which it claims priority to satisfy the requirements of 35 U.S.C. 112. Such license shall further include the right to grant sublicenses to Affiliates of Millennium and to Third Parties in accordance with the terms set forth in Section 7.2.5.

EX-PROGRAM PRODUCTS. Subject to the terms and conditions of this Agreement and any applicable Burdened Technology Obligations, and on a compound-by-compound basis, Aventis Millennium hereby grants to Millennium Aventis a worldwide, non-exclusive, non-royalty-bearing license, under Aventis' Millennium's rights to the Program Intellectual Property (excluding the Aventis Millennium Research Program Chemistry Intellectual Property), to use Scientifically-Qualified Targets to Develop Ex-Program Products [**]; PROVIDED, HOWEVER, that that, with respect to each Scientifically-Qualified Target, such license shall be limited to (i) know-how disclosed to Millennium Aventis prior to the date such target is designated a Scientifically-Qualified Target, (ii) Patent Rights which exist as of the date such target is designated a Scientifically-Qualified Target, and (iii) any claim of a patent which (A) claims priority from a patent application within Patent Rights which exists as of the date such target is designated a Scientifically-Qualified Target and (B) is adequately supported in such application from from, which it claims priority to satisfy the requirements of 35 U.S.C. 112. Such license shall further include the right to grant sublicenses to Affiliates of Millennium Aventis and to Third Parties in accordance with the terms set forth in Section 7.2.5.

EX-PROGRAM PRODUCTS. Subject to the terms and conditions of this Agreement and any applicable Burdened Technology Obligations[**], and on a compoundScientifically-Qualified Target-by-compound Scientifically-Qualified Target basis, Aventis Millennium hereby grants to Millennium Aventis a worldwide, non-exclusive, non-royalty-bearing license, under Aventis' rights to the Program Intellectual Property Millennium's Patent Rights (excluding the Aventis Millennium Research Program Chemistry Intellectual Property), to use Scientifically-Qualified Targets to Develop Ex-Program Products identify, evaluate and optimize Small Molecules for use [**]; PROVIDED, HOWEVER, that with respect to each Scientifically-Qualified Target, such license shall be limited to (i) know-how disclosed to Millennium Aventis prior to the date such target is designated a Scientifically-Qualified Target, (ii) Patent Rights which exist as of the date such target is designated a Scientifically-Qualified Target, and (iii) any claim of a patent which (A) claims priority from a patent application within Patent Rights which exists as of the date such target is designated a an Scientifically-Qualified Target and (B) is adequately supported in such application from which it claims priority to satisfy the requirements of 35 U.S.C. 112. Such license shall further include the right to grant sublicenses to Affiliates of Millennium Aventis and to Third Parties in accordance with the terms set forth in Section 7.2.5.

EX-PROGRAM PRODUCTS. Subject to the terms and conditions of this Agreement and any applicable Burdened Technology Obligations, and on a compoundScientifically-Qualified Target-by-compound Scientifically-Qualified Target basis, Aventis hereby grants to Millennium a worldwide, non-exclusive, non-royalty-bearing license, license under Aventis' rights to the Program Intellectual Property (excluding the Aventis Research Program Chemistry Intellectual Property), to use Scientifically-Qualified Targets to Develop Ex-Program Products identify, evaluate and optimize Small Molecules [**]; PROVIDED, HOWEVER, that with respect to each Scientifically-Scientifically- Qualified Target, such license shall be limited to (i) know-how disclosed to Millennium prior to the date such target is designated a Scientifically-Scientifically- Qualified Target, (ii) Patent Rights which exist as of the date such target is designated a Scientifically-Qualified Target, and (iii) any claim of a patent which (A) claims priority from a patent application within Patent Rights which exists as of the date such target is designated a Scientifically-Qualified Target and (B) is adequately supported in such application from from, which it claims priority to satisfy the requirements of 35 U.S.C. 112. Such license shall further include the right to grant sublicenses to Affiliates of Millennium and to Third Parties in accordance with the terms set forth in Section 7.2.5.