Future Licenses. If Subscriber licenses a copy of a Product, Subscriber’s use of such Product shall be governed by the terms of the license agreement provided with the Product upon its delivery to Subscriber, as amended or supplemented by the terms of this Agreement in effect at the time of such licensing. Subscriber hereby agrees that its downloading or use of any Products delivered to it shall constitute Subscriber’s acceptance of the license agreement terms provided with the Product upon its delivery to Subscriber. In the event of a conflict between the terms of the license agreement provided with a Product upon its delivery to Subscriber and the terms of this Agreement in effect at the time such Product is purchased, the terms of this Agreement in effect at the time such Product is purchased shall control for the term of this Agreement. However, with respect to any perpetually licensed Product, upon any termination of this Agreement the terms and conditions of the license agreement provided with the Product upon its delivery to Subscriber shall govern Subscriber’s use of the Product.
Future Licenses. In the event the Client acquires new Products or additional licenses for a previously acquired Product, the new acquisitions will be licensed under the same terms and conditions herein by the Parties executing additional Appendix(s) as may be necessary for each new transaction. Each set of Appendix(s) together with the terms and conditions of this Agreement, shall constitute one combined agreement.
Future Licenses. Should Contractor or Customer desire to use, for future applications outside the scope of this Agreement, the technology and data which have been licensed hereunder, the Parties shall endeavor to negotiate license agreements as appropriate for such future applications.
Future Licenses. If after the Effective Date, a Party (the "Controlling Party") later invents or acquires rights or title to an invention claimed by a Patent that (i) would be included in the Isis Future Chemistry Patents or Isis Future Motif and Mechanism Patents if such Party is Isis or in the Alnylam Future Chemistry Patents or Alnylam Future Motif and Mechanism Patents if such Party is Alnylam (the "Additional Rights") and (ii) carry financial or other obligations, then the Controlling Party must promptly notify the non-Controlling Party of such acquisition or invention. If the non-Controlling Party wishes to include such Additional Rights under the licenses granted pursuant to Article 5 or 6, as applicable, the non-Controlling Party will notify the Controlling Party of its desire to do so and will assume all financial and other obligations to the Controlling Party's licensors or collaborators, if any, arising from the grant to the non-Controlling Party of such license. Any Additional Rights that do not carry financial or other obligations shall be automatically included under the licenses granted pursuant to Article 5 or 6, as applicable. If a Party pays any upfront payments or similar acquisition costs to access Additional Rights, the Parties will negotiate in good faith regarding sharing such acquisition costs and payments. When acquiring or creating such Additional Rights, each Party will endeavor in good faith to secure the right to sublicense such Additional Rights to the other Party.
Future Licenses. Until a Qualified Public Offering, each Member will use its commercially reasonable best efforts to cause any future license for an individual software application within the Application Categories to include the Company as an additional license or to otherwise make such application available to the Company for use in its Business.
Future Licenses. It is agreed the if U-Vend submits and is granted any future sports licenses outside of Master Distributor’s Territory, the Master Distributor will have the first-right of refusal for the Territory rights to these licenses. It is agreed that any future potential sports licenses that U-Vend signs, and if Master Distributor wishes to acquire these additional Territory rights for the license, the Master Distributor will pay to U-Vend a mutually agreed to pre-paid royalty fee.
Future Licenses. Licensor agrees that should Licensor be offered any option or opportunity to license technology within the Field, Licensor will communicate with SuperGen regarding such option or opportunity to license. Any technology licensed by Licensor and agreed to by SuperGen during the term of this Agreement within the Field will be incorporated into this Agreement. Licensor and SuperGen will update Exhibit 1 of this Agreement as appropriate to reflect incorporation of such technology.
Future Licenses. ART hereby grants to Sellers, and Sellers hereby --------------- grant to ART the following rights with respect to any future 38 GHz authorizations granted after September 25, 1997 (the "Future Licenses") granted by the FCC to either of the Sellers:
(a) Subject to the terms of this Section 1.6, ART hereby grants the Sellers an option (the "Sell Option") to require ART to buy from the Sellers any Future Licenses resulting from the pending applications (the "Pending Applications") listed on Schedule 1.6 (the "Scheduled Future Licenses") hereto. Such Sell Option may be exercised only with respect to any Scheduled Future License by written notice to ART by either Seller after the grant of such Scheduled Future License, whether or not such grant of the Scheduled Future License has become a Final Order and before March 29, 1998.
(b) Subject to the terms of this Section 1.6, Sellers hereby grant ART an option (the "Buy Option") to buy from Sellers any Schedule Future License. Such Buy Option may be exercised with respect to any Scheduled Future License by written notice to either Seller by ART at any time after the grant of such Scheduled Future License, whether or not such Scheduled Future License has become a Final Order and before March 29, 1998.
(c) In the event of the exercise of the Sell Option or the Buy Option, the purchase and sale of the relevant Scheduled Future License shall be made pursuant to one or more agreements in substantially the form of this Agreement, which the parties agree to execute within thirty (30) days of the exercise of the respective option, provided that under the Sell -------- ---- Option and the Buy Option the term, "Consideration" shall be that number of shares of Common Stock equal to the product of 0.03368 multiplied by the number of Pops covered by such Future Licenses (without regard for the number of Pops listed on Schedule 1.6). Any obligations by either party with respect to the Second Sell Option and the Buy Option (including any obligation with respect to Future Licenses under the Sell Option or Buy Option previously exercised) shall expire at the termination, if any, of this Agreement pursuant to Section 11 hereof.
(d) Sellers hereby grant ART the following right of first offer (the "Right of First Offer") with respect to any or all Future Licenses which are not transferred pursuant to Sections 1.6(a) to (c) above (the "Post Option Grants") for six months from the grant by Final Order of each such Future License, respe...
Future Licenses. 25 12.5 Covenant of Non-Use...............................................25 12.6 Manufacturing Ribozyme Products...................................25 13. CONFIDENTIALITY........................................................31 13.1 Nondisclosure.....................................................31 13.2 Exceptions........................................................31 13.3 Publications......................................................32
Future Licenses. 4 2.4 Other Obligations of DBA . . . . . . . . . . . . . . . . . . . . . . 4 2.5 Consideration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
