Freedom of Independent Development. Nothing in this Agreement shall be construed as prohibiting or restricting Licensors or Licensee from independently developing, purchasing, Selling, licensing or otherwise dealing in any product or service regardless of whether such product or service is competitive with the products or services licensed hereunder.
Freedom of Independent Development. Nothing in this Agreement shall prohibit or restrict Licensee from independently developing competing technologies and standards or to license its patent rights to third parties, including without limitation, to enable competing technologies and standards.
Freedom of Independent Development. Nothing in this Agreement shall be construed as prohibiting or restricting Licensee from independently developing competitive video products or video services.
Freedom of Independent Development. Dot Hill and NetApp agree to add the following sentence to the end of Section 32, Freedom of Independent Development, to the Agreement: Dot Hill and NetApp CONFIDENTIAL *** Confidential Treatment Requested 8. “The parties also agree that, [...***...] nothing in this Agreement shall affect the right of either party to either obtain or acquire from other third party sources any components or assemblies for intended inclusion in products which meet both of the following requirements: (i) they are not covered under the provisions of this Agreement as Products and (ii) they do not make use of any of the Intellectual Property Rights or Technology of the other party.” The modifications made above to the Agreement, including the addition of certain supplementary exhibits and edits to certain existing exhibits to the Agreement, which are included within this First Amendment shall have prospective force and effect on and after the First Amendment Effective Date, and shall not retroactively affect any rights or obligations of any of the parties under the Agreement. This First Amendment may be executed in counterparts by the parties, each of which shall be deemed an original and all of which together shall constitute a single instrument. Each party acknowledges and agrees that such executed counterparts of this First Amendment may be delivered by a party to the other party through the use of facsimile transmission. Except as specifically modified or supplemented by or through this First Amendment, all other terms and conditions of the Agreement, including the terms and conditions in any existing exhibits to the Agreement, shall remain in full force and effect between the parties and shall be unaffected thereby. Dot Hill and NetApp CONFIDENTIAL *** Confidential Treatment Requested 9.
Freedom of Independent Development. Each party understands that the other party develops and acquires technology for its own products, and that existing or planned technology independently developed or acquired by it, without access to the other party’s technology, may contain ideas and concepts similar to those contained in the Products. The parties, therefore, agree that[***] this Agreement shall not preclude either party from developing and acquiring such technology.
Freedom of Independent Development. Nothing in this Agreement shall be construed as prohibiting or restricting either party from independently developing or acquiring and marketing materials or programs that are competitive with the Software except as otherwise expressly provided herein; provided, however, that nothing in this Section 11 shall grant to Avid a property interest in any of Augment's copyrights, trademarks, patents, or trade secrets or waive any rights that Augment arising at law or from this Agreement.
Freedom of Independent Development. 10.1 Nothing in this Agreement shall be construed as prohibiting or restricting PMSC from independently developing and marketing programs and/or materials which are in any manner competitive with the Software. The foregoing sentence does not amend or diminish Section 1.3 above.
