Independent Development; Residuals. Nothing in the terms of this Agreement and any Statement of Work shall be construed to limit Acumatica’s or Client’s right to independently develop or acquire products without the use of Confidential Information. Acumatica or Client shall be free to use for any purpose the Residuals resulting from access to or work with Confidential Information, provided such party shall maintain the confidentiality of Confidential Information as provided in this Section 6 and any other written confidentiality agreement between the parties. For purposes of this Agreement, “Residuals” shall mean technical information related to software technology in nontangible form, which may be retained by individuals who have had access, as permitted by this Agreement, to Confidential Information, including ideas, concepts, know-how or techniques contained therein. Neither Acumatica nor Client shall have any obligation to limit or restrict the assignment of such individuals or to pay compensation resulting from the use of the Residuals. Notwithstanding the foregoing, this Section shall not be construed to grant either Acumatica or Client a license of the other party’s copyrights or other intellectual property.
Independent Development; Residuals. Each Party acknowledges that the other Party may currently or in the future be developing information internally, or receiving information from Third Parties, that is similar to the Confidential Information. Accordingly, except as set forth in Section 2.6, nothing in this Agreement will be construed as a representation or agreement that the Parties will not develop or have developed for it products, concepts, systems or techniques that are similar to or compete with the Licensed Product, concepts, systems or techniques contemplated by or embodied in the Confidential Information, provided that the Parties do not violate any of their obligations under this Agreement in connection with such development. Additionally, each Party shall be free to use the Residuals resulting from access to or work with the other Party’s Confidential Information for any purpose. The term “Residuals” means information in intangible form, retained in the unaided memory (without the assistance of notes or other memory aids and without any conscious attempt to memorize or refresh recollections) of Persons employed or retained by a Party who have had access to or worked with the Confidential Information, including ideas, concepts, know-how or techniques contained therein. The Parties shall not have any obligation to limit or restrict the assignment of such Persons or to pay royalties for any work resulting from the use of Residuals.
Independent Development; Residuals. DACSLABS acknowledges that the Licensee may currently or in the future be developing certain technologies internally, or receiving certain technologies from other parties, that are similar or identical to the Licensed Technology. Accordingly, nothing in this Agreement will be construed as a representation or agreement that the Licensee will not develop or have developed for it, technologies, products, concepts, systems or techniques that are similar to or compete with the Licensed Technology, provided that the Licensee does not violate any of its obligations under this Agreement in connection with such development. DACSLABS further acknowledges and agrees that Licensee shall be able to use the residuals resulting from access to or work with the Licensed Technology for any purpose, provided that it does not violate any of DACSLABS’ intellectual property rights, in particular any copyrights to the code of the Licensed Technology or any registered patents, or its obligations under this Agreement. The term “residuals” means information retained in the unaided memory of persons employed or retained by Licensee who have had access to or worked with the Licensed Technology, including ideas, concepts, know-how or techniques contained therein. There shall be no obligation to provide compensation for any such permitted use of residuals.
Independent Development; Residuals. The terms of confidentiality under this Agreement shall not be construed to limit either the Disclosing Party or the Receiving Party’s right to independently develop or acquire products without use of the other party's Confidential Information. Further, the Receiving Party shall be free to use for any purpose the residuals resulting from access to or work with the Confidential Information of the Disclosing Party, provided that, during the period such individual is accessing the WSPP Documentation and for a period of three months following the individual’s last access to the WSPP Documentation, the individual shall not disclose such residuals except as otherwise expressly permitted pursuant to the terms of this Agreement. The term "residuals" means information in intangible form, which is retained in unaided memory by persons authorized by the Receiving Party who have had access to the Disclosing Party’s Confidential Information per the provisions of Section 5.2 (such persons, “Authorized Persons”), including ideas, concepts, know-how or techniques contained in such Confidential Information. An Authorized Person’s memory will be considered to be unaided if such Authorized Person has not intentionally memorized the Confidential Information for the purpose of retaining and subsequently using or disclosing it. The Receiving Party shall not have any obligation to limit or restrict the assignment of Authorized Persons or to pay royalties for any work resulting from the use of residuals. However, this Section 5.5 shall not be deemed to grant to the Receiving Party a license under the Disclosing Party’s copyrights or patents.
Independent Development; Residuals. Parties agree that nothing in these Terms will limit or restrict Kubeark's right to (i) develop directly or indirectly any components that may be similar or may perform similar to any of your Intellectual Property generated pursuant to usage of the Services, (ii) develop or acquire products, for itself or others, that compete with the products, systems, or methods developed by the you, subject to confidentiality obligation hereunder, and (iii) use any general information, ideas, concepts, know-how, processes, techniques, programming routines and subroutines, methodologies, processes, skills, or expertise which are retained in the unaided memory of Kubeark’s employees. Kubeark or its Affiliates may use data, technical information, usage data, and telemetry from your use of the Services for the purpose of develop or improve its product suite and services, improving resource allocation and support, internal demand and product planning, verification of security and data integrity, and identification of industry trends and developments, including creation of indices and anonymous benchmarking, and provide you an enhanced product experience, provided that Kubeark will employ adequate techniques to ensure that any outputs thereof do not trace back to, or identify, you or any living person.
Independent Development; Residuals. Parties agree that nothing in this Agreement will limit or restrict Kubeark’s right to use any general information, ideas, concepts, know-how, processes, techniques, programming routines and subroutines, methodologies, processes, skills, or expertise which are retained in the unaided memory of its employees, contractors, or users. Nothing in this Agreement will be construed as a representation or inference that each Party will not develop or acquire products, for itself or others, that compete with the products, systems, or methods contemplated by the other Party's portfolio, provided that the Party has not done so in breach of this Agreement. Kubeark or its Affiliates may use data, technical information, usage data, and telemetry from Customer’s use of the Platform for the purpose of develop or improve its product suite and services, improving resource allocation and support, internal demand and product planning, verification of security and data integrity, and identification of industry trends and developments, including creation of indices and anonymous benchmarking, and provide an enhanced product experience to Customer, provided that Kubeark will employ adequate techniques to ensure that any outputs thereof do not trace back to, or identify, the Customer or any living person.
Independent Development; Residuals. The obligations of confidentiality and limited use under this Agreement shall not be construed to limit a Party’s right to independently develop or acquire products without use of the other Party’s FM Confidential Information. Further, each Party shall be free to use for any purpose the “Residuals” (as defined below) resulting from access to or work with such FM Confidential Information, provided that such Party shall maintain the confidentiality of such FM Confidential Information as provided in this Agreement and otherwise comply with the provisions of Article 16 and any other obligations of limited use and non-disclosure set forth in this Agreement. The term “
Independent Development; Residuals. Nothing in the terms of this Agreement and any Statement of Work shall be construed to limit AIM’s or Client’s right to independently develop or acquire products without the use of Confidential Information. AIM or Client shall be free to use for any purpose the Residuals resulting from access to or work with Confidential Information, provided the party shall maintain the confidentiality of Confidential Information as provided in this Section 6 and any other written confidentiality agreement between the
Independent Development; Residuals. Ivivi acknowledges that Allergan may currently or in the future be developing information internally, or receiving information from other parties, that is similar to the Confidential Information. Accordingly, nothing in this Agreement will be construed as a representation or agreement that Allergan will not develop or have developed for it products, concepts, systems or techniques that are similar to or compete with the products, concepts, systems or techniques contemplated by or embodied in the Confidential Information, provided that Allergan does not violate any of its obligations under this Agreement in connection with such development. Additionally, Allergan shall be free to use the residuals resulting from access to or work with Ivivi's Confidential Information for any purpose, provided that Allergan shall not disclose Ivivi's Confidential Information except as permitted pursuant to the terms of this Agreement. The term "residuals" means information in intangible form, retained in the unaided memory (without the aid of notes or other memory aids and without any conscious attempt to memorize or refresh recollections) of persons employed or retained by Allergan who have had access to or worked with the Confidential Information, including ideas, concepts, know-how or techniques contained therein. Allergan shall not have any obligation to limit or restrict the assignment of such persons or to pay royalties for any work resulting from the use of residuals. Nothing in this SECTION 12.7 shall be construed as a license or the grant of a license to the Patents.
Independent Development; Residuals. The Disclosing Party acknowledges that Receiving Party may currently or in the future be developing information internally, or receiving information from other parties, that is similar to the Confidential Information. Accordingly, nothing in this Agreement will be construed as a representation or agreement that the Receiving Party will not develop or have developed for it products, concepts, systems or techniques that are similar to or compete with the products, concepts, systems or techniques contemplated by or embodied in the Confidential Information, provided that the Receiving Party does not violate any of its obligations under this Agreement in connection with such development.
