Grant of License From QUALCOMM. Subject to the terms and conditions of the License Agreement and this Amendment, including but not limited to timely payment of the license fees and royalties set forth herein, QUALCOMM hereby grants to LICENSEE a personal, nontransferable (except as may otherwise be provided under Section 15 of the License Agreement), worldwide and nonexclusive license under QUALCOMM’s Intellectual Property solely for Wireless Applications to (a) make (and have made), import, use, sell, lease and otherwise dispose of Subscriber Units, and (b) to make (and have made) Components (provided such Components have been designed exclusively by LICENSEE and which design is owned and used exclusively by LICENSEE) and import, use and sell, lease and otherwise dispose of such Components but only if such Components are included as part of and within complete Subscriber Units Sold by LICENSEE in accordance with this Section 5.1.2 (or as replacement parts for such Subscriber Units previously sold by LICENSEE). No other, further or different license is hereby granted or implied. Notwithstanding anything in the foregoing, LICENSEE’s Sale of CDMA Modem Cards shall not convey to LICENSEE’s customers any right or license (express or implied) to any of QUALCOMM’s Intellectual Property that is not incorporated or implemented entirely within LICENSEE’s CDMA Modem Cards, including with respect to any claim in any QUALCOMM patent covering the use of LICENSEE’s CDMA Modem Cards in combination with any other product or apparatus.
Grant of License From QUALCOMM. Section 5.1 of the License Agreement is hereby deleted in its entirety and replaced with the following:
Grant of License From QUALCOMM. Subject to the terms and conditions of this Agreement, including but not limited to timely payment of the license fees and royalties set forth herein, QUALCOMM hereby grants to LICENSEE a personal, nontransferable [***] worldwide and nonexclusive license under *** Confidential treatment requested QUALCOMM’s Intellectual Property (a) to make (and have made), import, use and sell, lease or otherwise dispose of Complete CDMA Telephones solely for Wireless Local Loop Applications, (b) to make (and have made), import, use and sell, lease or otherwise dispose of CDMA Modem Cards solely for Wireless Applications, and (c) to make (and have made) Components (provided such Components have been exclusively designed by LICENSEE and which design is owned and used exclusively by LICENSEE) and import, use and sell, lease and otherwise dispose of Components but only if such Components are included as part of and within complete Subscriber Units Sold by LICENSEE (or as replacement parts for Subscriber Units previously sold by LICENSEE). No other, further or different license is hereby granted or implied.
Grant of License From QUALCOMM. Subject to the terms and conditions of this License Agreement, including but not limited to timely payment of the license fees and royalties set forth herein, QUALCOMM hereby grants to LICENSEE a personal, nontransferable (except as may otherwise be provided in Section 15 hereunder), worldwide and nonexclusive license under QUALCOMM’s Intellectual Property solely for Wireless Local Loop Applications (a) to make (and have made), import, use and sell, lease or otherwise dispose of Subscriber Units, and (b) to make (and have made) Components (provided such Components have been exclusively designed by LICENSEE and which design is owned and used exclusively by LICENSEE) and import, use and sell, lease and otherwise dispose of such Components but only if such Components are included as part of and within complete Subscriber Units Sold by LICENSEE (or as replacement parts for Subscriber Units previously sold by LICENSEE). No other, further or different license is hereby granted or implied.
Grant of License From QUALCOMM. Subject to the terms and conditions of this License Agreement, including but not limited to timely payment of the license fees and royalties set forth herein, QUALCOMM hereby grants to LICENSEE a personal, nontransferable (except as may otherwise be provided in Section 15 hereunder), worldwide and nonexclusive license under QUALCOMM’s Intellectual Property (a) to make (and have made), import, use and sell, lease or otherwise dispose of CDMA Modem Cards solely for Wireless Applications, and (b) to make (and have made) Components (provided such Components have been exclusively designed by LICENSEE and which design is owned and used exclusively by LICENSEE) and import, use and sell, lease and otherwise dispose of Components but only if such Components are included as part of and within complete CDMA Modem Cards Sold by LICENSEE (or as replacement parts for CDMA Modem Cards previously sold by LICENSEE). No other, further or different license is hereby-granted or implied.
Grant of License From QUALCOMM. Subject to the terms and conditions of this Agreement, including but not limited to timely payment of the license fees and royalties set forth herein, QUALCOMM hereby grants to LICENSEE a personal, nontransferable, worldwide and nonexclusive license under QUALCOMM's Intellectual Property solely for Wireless Applications to (a) make (and have made), import and use CDMA Modem Cards (provided such CDMA Modem Cards have been designed exclusively by or for LICENSEE and which design is owned and used exclusively by LICENSEE), (b) Sell such CDMA Modem Cards, but only to Unlicensed Customers (i.e., this provision does not grant LICENSEE a license or any rights to directly or indirectly sell such CDMA Modem Cards to a Licensed Customer), (c) to make (and have made) Components (provided such Components have been designed exclusively by LICENSEE and which design is owned and used exclusively by LICENSEE) and import, use and Sell such Components but only if such Components are included as part of and within complete CDMA Modem Cards Sold by LICENSEE in accordance with this Section 5.1 (or as replacement parts for such CDMA Modem Cards previously sold by LICENSEE), and (d) to make and use (but not to sell, lease, transfer or otherwise dispose of, except as expressly provided in Section 5.2.1 below), solely for research and development purposes, Complete CDMA Telephones that incorporate a CDMA Modem Card designed and developed by LICENSEE. No other, further or different license is hereby granted or implied. Notwithstanding anything in the foregoing, LICENSEE's Sale of CDMA Modem Cards shall not convey to LICENSEE's customers any right or license (express or implied) to any of QUALCOMM's Intellectual Property that is not incorporated or implemented entirely within LICENSEE's CDMA Modem Cards, including with respect to any claim in any QUALCOMM patent covering the use of LICENSEE's CDMA Modem Cards in combination with any other product or apparatus.
Grant of License From QUALCOMM. Section 5.1 of the License Agreement is ------------------------------ hereby deleted and replaced with the following: Subject to the terms and conditions of this Agreement, including but not limited to timely payment of the license fees and royalties set forth herein, QUALCOMM hereby grants to LICENSEE a personal, nontransferable and nonexclusive license (without the right to sublicense except as set forth in Section 5.4 below) under QUALCOMM's Intellectual Property solely for Wireless Applications to (a) make (and have made), anywhere in the world, Licensed Products and Components (provided such Components have been exclusively designed by or exclusively for LICENSEE and which design is owned and used exclusively by LICENSEE), (b) to import, use, offer for sale, and sell, lease or otherwise dispose of Licensed Products solely within the Territory, and (c) to import, use and sell, lease and otherwise dispose of Components solely within the Territory but if such Components incorporate QUALCOMM's Intellectual Property, then such Components may only be used, sold, leased or otherwise disposed of by LICENSEE if they are included as part of and within complete Licensed Products Sold by LICENSEE (or as replacement parts for Licensed Products previously sold by LICENSEE). No other, further or different license is hereby granted or implied.
Grant of License From QUALCOMM. Subject to the terms and conditions of this Agreement, including but not limited to timely payment of the license fees and royalties set forth herein, QUALCOMM hereby grants to LICENSEE a personal, nontransferable, worldwide and nonexclusive license under QUALCOMM’s Intellectual Property solely for Wireless Applications to (a) make (and have made), import and use Subscriber Units, (b) Sell Subscriber Units, but only to Unlicensed Customers (i.e., this provision does not grant LICENSEE a license or any rights to directly or indirectly sell Subscriber Units to Licensed Customers), and (c) to make (and have made) Components (provided such Components have been designed exclusively by LICENSEE and which design is owned and used exclusively by LICENSEE) and import, use, sell, lease and otherwise dispose of such Components but only if such Components are included as part of and within complete Subscriber Units Sold by LICENSEE in accordance with this Section 5.1 (or as replacement parts for such Subscriber Units previously sold by LICENSEE). No other, further or different license is hereby granted or implied.
Grant of License From QUALCOMM. Subject to the terms and conditions of this Agreement, including but not limited to timely payment of the license fees and royalties set forth herein, QUALCOMM hereby grants to LICENSEE a worldwide, personal, nontransferable and non-exclusive license [***] to use QUALCOMM’S Intellectual Property solely for Wireless Applications (a) to make (and have made) and import, use, sell, lease or otherwise dispose of Licensed Products and (b) to make (and have made) Components that have been designed exclusively by or for LICENSEE (which design is owned and used exclusively by LICENSEE) and import, use, sell, lease or otherwise dispose of such Components; provided, however, that such Components may only be used, sold, leased or otherwise disposed of by LICENSEE if they are included as part of and within complete Licensed Products Sold by LICENSEE (or as replacement parts for Licensed Products previously Sold by LICENSEE). No other, further or different license is hereby granted or implied.
Grant of License From QUALCOMM. Subject to the terms and conditions of this Agreement, including but not limited to timely payment of the license fees and royalties set forth herein, QUALCOMM hereby grants to LICENSEE a worldwide, personal, nontransferable and non-exclusive license (without the right to sublicense, except to Affiliates of LICENSEE as permitted in Section 5.3) to use QUALCOMM's Intellectual Property solely for Wireless Applications (a) to make (and have made) and import, use, sell, lease or otherwise dispose of Licensed Products and (b) to make (and have made) Components that have been exclusively designed by or for LICENSEE (which design is owned and used exclusively by LICENSEE) and import, use, sell, lease or otherwise dispose of Components; provided, however that such Components may only be used, sold, leased or otherwise disposed of by LICENSEE if they are included and used, sold, leased or otherwise disposed of by LICENSEE as part of and within complete Licensed Products of LICENSEE (or as replacement parts for Licensed Products previously sold by LICENSEE). No other, further or different license is hereby granted or implied.
5.1.1 [**] Patents. As part of QUALCOMM's Intellectual Property being licensed under Section 5.1 above, QUALCOMM is granting rights to LICENSEE under the [**] Patents. Notwithstanding anything to the contrary contained in this Agreement, the license to LICENSEE under the [**] Patents granted in Section 5.1 may terminate in accordance with the provisions set forth below:
5.1.1.1 On or before November 2, 1996. If, at any time on or before November 2, 1996, LICENSEE or its Affiliates initiates a CDMA patent infringement lawsuit against [**] or its affiliates (or their customers) asserting that any product manufactured or sold by [**] or its affiliates for use in non-IS-95 based wireless applications infringes any of LICENSEE's (or its Affiliates') patents, then the license granted by QUALCOMM to LICENSEE under this Agreement with respect to the [**] Patents only shall immediately terminate.
