Improvements and Enhancements. If, during the term of this Agreement, the Licensee desires to add new functions or make enhancements to the Licensed Software, the Licensee shall notify the Licensor in writing and clearly indicate its requirements. The Licensor shall give the Licensee a written notice if it has been developing a new version containing such requirements or it agrees to satisfy the requirements proposed by the Licensee. Under such circumstances, the Licensee may, at its option, (1) upgrade the Licensed Software pursuant to the upgrade schedule when a new Upgraded Version is available or (2) negotiate with the Licensor in an attempt to reach an agreement in the development of new functions or the improvement of the Licensed Software.
Improvements and Enhancements. STERLING COMMERCE may periodically provide ----------------------------- Company with new releases, improvements and enhancements (collectively, "New Releases") for the EC Offerings. Unless otherwise agreed on a case-by-case basis, Company will import the New Releases only as required for distribution to Company Customers that have contracted for EC Network Services or for maintenance and support for the EC Products in accordance with the terms and conditions of an applicable Company Contract. Notwithstanding this Section 4.9, STERLING COMMERCE shall have no obligation to (i) develop and release New Releases or (ii) customize the New Releases to satisfy the particular requirements of any Company Customers. The New Releases will not include any new software or documentation that STERLING COMMERCE decides, in its sole discretion, to make generally available as a separately-priced upgrade or option. STERLING COMMERCE may add such New Releases to this Agreement as new EC Products or EC Network Services or EC Support Services in accordance with Section 2.3.
Improvements and Enhancements. In order to continuously improve the quality of the System and support thereof, Bank reserves the right to designate and make changes in the rules of operation, accessibility, Company identification procedures, security provisions, type and location of system and service equipment, allocation and quantity of system resources utilized, systems programming languages, and administrative and operational algorithms. IN NO EVENT SHALL BANK BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM USE OF THE SYSTEM AND SUPPORT THEREUNDER EVEN IF BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BANK SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO THE ONLINE BANKING SYSTEM, DAMAGES ARISING FROM COMPANY'S INABILITY TO ACCESS THE ONLINE BANKING SYSTEM, INCLUDING COMPUTER, EMAIL OR INTERNET MALFUNCTIONS, OR ANY COSTS ASSOCIATED WITH UPDATING, MODIFYING OR TERMINATING COMPANY'S SOFTWARE OR HARDWARE. FURTHERMORE, LIABILITY OF BANK FOR ANY AND ALL CAUSES, WHETHER FOR NEGLIGENCE, BREACH OF CONTRACT OR, WARRANTY OR OTHERW ISE, SHALL, IN THE AGGREGATE, NOT EXCEED THREE
Improvements and Enhancements. 7.01 ULTITEK is, and shall be, the sole owner of all inventions, discoveries, updates, improvements, modifications and enhancements relating to the System, whether in written or unwritten form and whether developed by ULTITEK or GNPK»KIA». ULTITEK shall retain the exclusive right to reproduce, publish, patent, copyright, sell, license or otherwise make use of such inventions, discoveries, updates, improvements, modifications or enhancements.
7.02 So long as GNPK»KIA» is current in payment of all fees, ULTITEK agrees to provide, at no additional charge, updates to the System not later than thirty (30) days after ULTITEK first makes same available on a formal basis to all of its licensees.
Improvements and Enhancements. During the term of this Agreement, XXXXX shall provide SOURCE on a monthly basis with all updates to the Pharbase Databases that are made by XXXXX. All maintenance and support services provided by XXXXX to SOURCE in the Territory, when so requested by SOURCE, shall be charged at a rate of One Thousand U.S. Dollars (US$1,000) per diem plus expenses.
Improvements and Enhancements. WhoVision shall use commercially reasonable efforts to develop improvements and enhancements to the products described in Sections 2.1.1, 2.1.2 and 2.
Improvements and Enhancements. During the term of this Agreement, ----------------------------- UIT shall make reasonable commercial efforts to develop improvements and enhancements to the Technology and shall, as promptly as is commercially feasible, make such improvements and enhancements available to WCW by CD-ROM or such other means as the parties reasonably agree upon.
Improvements and Enhancements. Other than to seek, obtain, and maintain Marketing Authorization Approval for the External Products from the FDA in the US that incorporates the Clinical Trial Data obtained by Acutus in the conduct of its Clinical Trials incorporating both the FS Product Line and the External Products and Marketing Authorization Approvals by Notified Bodies in the EU, the BIO Parties shall have no obligation to conduct any Development with respect to the External Products in any country in the Territory. Notwithstanding the foregoing, during the Term, each Party shall have the right to propose certain changes, improvements, and/or enhancements to the FS Product Line and External Products; provided, however, neither Party shall be obligated to implement any such changes, improvements, and/or proposed enhancements. If the Parties mutually agree to such proposed changes, improvements, and/or enhancements, the Parties shall negotiate in good faith and mutually decide on a plan to implement such proposed changes, improvements, and/or enhancements to ensure adequate timing, risk mitigation, and cost-sharing during implementation. The Parties will work together in good faith to ensure connectivity and compatibility of any such improvement with the existing associated the FS Product Line and External Products.
Improvements and Enhancements. With respect to Instruments provided to MPI under the NAP or any prototypes provided to MPI or its Affiliates under this Agreement, MPI or its Affiliates, as applicable, shall have the [ * ], when and as available [ * ] Moreover, MPI and its Affiliates shall have the right to exchange any [ * ], as reasonably agreed by the parties.
Improvements and Enhancements.
15.2.1 Any improvements made to Intellectual Property Rights in Existing Material that is owned and made available by a Party under clause 15.1.3, will be owned by the Party that owns the Existing material.
15.2.2 Enhancements to any existing Intellectual Property developed under this agreement will be treated as Project Intellectual Property.
