Common use of Excluded Companies Clause in Contracts

Excluded Companies. Subject to Section 4.9, IM agrees that it will not, except with the written consent of Customer, either: disclose or license to any Competitor (as defined in the Wets Workflow Purchase Agreement) any Customer Use Improvements for a period of nine (9) months after Formal Disclosure, except that IM shall have the right to provide licenses of a broad or general scope that do not specifically mention or otherwise disclose the Customer Use Improvement, or disclose, license or sell any Customer Improvement, other than an Customer Use Improvement, that Customer implements on its Equipment to any Excluded Company (as defined in the Wets Worlkflow Purchase Agreement) until [*] after such implementation. Notwithstanding the foregoing, if Customer decides not to implement such Customer Improvement within [*] days of IM’s notice that it is available. IM shall be free to license or sell such Customer Improvement without restriction.

Appears in 4 contracts

Samples: Workflow Purchase Agreement, Workflow Purchase Agreement (Intermolecular Inc), Workflow Purchase Agreement (Intermolecular Inc)

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