Excluded Technology. I hereby grant and agree to grant to the Company a first right to negotiate a license with respect to all Excluded Technology and all related Proprietary Rights and to negotiate in good faith such a license if the Company so requests within ninety (90) days after my disclosure of such Excluded Technology or related Proprietary Rights.
Excluded Technology. 12 6.0 TERMINATION OF PARTICIPATION IN JTA.................................... 14
Excluded Technology. 5.1 For the avoidance of doubt, all Technology that is not clearly identified as one of Licensed Patents, Licensed Equipment Patents, Licensed Technology, Unrestricted Licensed Technology or Transferred Technology shall not be transferred pursuant to Article 3.0 nor shall it be licensed pursuant to Article 4.0, all rights in such Technology shall be retained by Alcanint and such Technology shall be deemed "EXCLUDED TECHNOLOGY" and any license or right granted hereunder shall be specifically limited such that no right, license or permission to use Excluded Technology is granted. Without limitation and notwithstanding anything else contained herein, "Excluded Technology" specifically includes: o all Technology owned or licensable or controlled by Pechiney except for the following Technology to the extent such Technology is otherwise agreed to be transferred or licensed hereunder: (i) the PAE Twin Roll Casting Technology; (ii) the PAE Metal Treatment Technology; and (iii) other Technology to the extent that it is being used or has been used under the existing or past practice at the former Pechiney Annecy, Rugles, Dudelange and Flemalle sites for the sole purpose of painting Sheet or the production of circles from Sheet or the production of Foil; o all Technology specific to the production of bright Sheet, reflector Sheet and capacitor Foil to the extent that the rights thereto originated with the 2000 acquisition by Alcan of Alusuisse Group AG together with any subsequent improvements thereto made at the Singen facility;
Excluded Technology. Notwithstanding anything in this Agreement to the contrary, CAT grants no rights to Micromet under this Agreement (a) to research, develop, manufacture, use, or sell Licensed Products using the Excluded Technology set forth in items [***] of Schedule V, or (b) to Develop, manufacture, use, or sell any Licensed Product that is a Research Product or Microarray, as those terms are defined in Schedule V. CAT will notify Micromet promptly if:
(a) CAT ceases to be bound by the Excluded Field restriction pursuant to its agreement with [***]dated[***]; or
(b) CAT no longer needs to exclude Research Products from the license granted hereunder pursuant to its agreement with [***] dated [***](the “[***] License Agreement”), a copy of which has been provided to Micromet by CAT as of the Effective Date. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. CAT will promptly notify Micromet of any modification or amendment to the [***] License Agreement and deliver to Micromet a redacted copy of any such amended agreement. The restrictions set out in this Agreement relating to the Excluded Field or Research Products set forth above (as the case may be) will, subject to any other restrictions on CAT and to the provisions of this Agreement, cease to apply from the date of removal of such restriction pursuant to the terms of the foregoing agreements.
Excluded Technology. 9.1 Computer code, intellectual property of the ejbca foundation and of Lotus Notes, which are the property of their respective owners. The ejbca is governed by an opensource license which is available to the Purchaser as they approve. The license for Lotus Notes must be obtained from the licensor, IBM, pursuant to their commercial license program. Prior implementations of the Purchased Technology, implemented and maintained by the Vendor or its affiliates for other parties.
9.2 All other technology, intellectual property, business property or property of any type not specifically listed in Part 1 hereof.
Excluded Technology. See attached list of issued patents and pending patent applications.
Excluded Technology. Excluding the Excluded Technology not intended to be transferred to Buyer, but including the rights to be granted to Buyer by the Technology Option Agreement required by Section 6.13 hereof, Sellers have and by transfer of the Subject Assets to Buyer, Buyer will have, legally enforceable rights to all of the technology and Intellectual Property Rights necessary to operate the Business and to produce, install and maintain the PowerScribe Products. At Closing, none of the Acquired Sales Orders will contemplate any product customization or other requirements that would necessitate use of the Excluded Technology in order for Buyer to fulfill such Acquired Sales Orders in all respects without incurring any additional material cost or material time delay which Sellers would have been able to avoid by using the Excluded Technology. None of the employees of Sellers who accept offers of employment from Buyer will retain documentation concerning or any tangible or electronic evidence of any proprietary information related to the Excluded Technology after the Closing. Sellers shall ensure that no such information is delivered to Buyer, except as may be contemplated by the Technology Option Agreement.
Excluded Technology. Transferred Technology includes technology relating to scandium aluminum golf club heads and shafts only. Except when necessary to fulfill Seller's obligations under this agreement, no other technology of Seller is included in this agreement and no other technology is intended.
Excluded Technology. IPC acknowledges that AKI has developed and is in the process of refining certain technology for head gimbal assembly and related to electrostatic discharge protection; and that IPC is obtaining no rights therein pursuant to this Agreement.
Excluded Technology. It is understood by the parties that the Seller's Technology being sold and transferred hereunder specifically excludes certain technology which is more specifically defined and described in the Schedule of Excluded Technology, Schedule C, attached hereto and made a part hereof (hereinafter collectively referred to as the "Excluded Technology").
