Immunity for Nikon Products Sample Clauses

Immunity for Nikon Products. 3.2.1 The rights granted to Nikon and its Subsidiaries in Section 2.2 shall include immunity as set forth herein under the ASML Licensed Patents and the Class C Patents Owned or Sublicensable by ASML or its Subsidiaries for the Covered Entities of Nikon and its Subsidiaries for such Covered Entities’ use, importation, offer for sale, sale, lease, and other distribution or conveyance of Nikon Licensed Products made, had made, sold, offered for sale, leased, imported or otherwise conveyed by or for Nikon or its Subsidiaries pursuant to the license granted in Section 2.2. Such immunity means *** - indicates material omitted pursuant to a confidential treatment request and filed separately with the Securities and Exchange Commission. that ASML shall not, and shall cause its Subsidiaries not to, Xxx any Covered Entity of Nikon or its Subsidiaries for direct or indirect infringement (including for inducement of infringement or contributory infringement) based on such Covered Entities’ use, importation, offer for sale, sale, lease, and other distribution or conveyance of such Nikon Licensed Product (a) at any time under any Class A Patents that are ASML Licensed Patents, regardless of when such Nikon Licensed Product was first sold, leased, or otherwise distributed or conveyed by Nikon or its Subsidiaries, (b) at any time under Class B Patents that are at any time ASML Licensed Patents with respect to Nikon Licensed Products that were first sold, leased, or otherwise distributed or conveyed by Nikon or its Subsidiaries prior to or during the License Term or the Transition Period, and (c) at any time under Class C Patents enforceable by ASML or its Subsidiaries, with respect to Nikon Licensed Products that were first sold, leased, or otherwise distributed or conveyed by Nikon or its Subsidiaries prior to or during the License Term or the Transition Period. 3.2.2 Notwithstanding anything to the contrary in this Agreement, the immunity described in subclauses (b) and (c) of Section 3.2.1 is expressly conditioned upon the applicable Covered Entity not Suing ASML or any of its Subsidiaries for Patent infringement with respect to Lithography Equipment or any activities relating thereto (including the manufacture, use, sale, offer for sale, or import of Lithography Equipment and any other activities described in Section 2.1 hereof), and upon any such Suit such immunity shall retroactively be null and void and of no effect with respect to such Covered Entity, and ASML, a...
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Related to Immunity for Nikon Products

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