LICENSE GRANT AND TERM. 3.1. Subject to all the terms and conditions of this AGREEMENT, YALE hereby grants to LICENSEE an exclusive license under all of YALE’s interest in the LICENSED PATENTS, LICENSED MATERIALS and LICENSED METHODS to make, have made, use, sell, offer for sale, have sold, import or export therapeutic and prophylactic RTK PRODUCTS in the LICENSED TERRITORY, with the right to sublicense as provided in this AGREEMENT.
3.2. Subject to all the terms and conditions of this AGREEMENT, YALE hereby grants to LICENSEE a non-exclusive license under all of YALE’s interest in the LICENSED PATENTS and LICENSED METHODS and LICENSED MATERIALS to make, have made, use, sell, offer for sale, have sold, import or export diagnostic RTK PRODUCTS within the LICENSED TERRITORY, with the right to sublicense as provided in this AGREEMENT.
3.3. Subject to all the terms and conditions of this AGREEMENT, YALE hereby grants to LICENSEE a non-exclusive license under all of YALE’s interest in the LICENSED KNOW-HOW to make, have made, use, sell, offer for sale, have sold, import or export any RTK PRODUCT, method, procedure, service or process in the LICENSED TERRITORY, with the right to sublicense as provided in this AGREEMENT.
3.4. (a) Collectively, the rights granted to LICENSEE under Section 3.1, Section 3.2 and Section 3.3 shall be the “LICENSE”. The LICENSE is further subject to all the terms and conditions of this AGREEMENT, including, without limitation, YALE’s right to terminate the LICENSE if a TERMINATION EVENT has occurred and is continuing by reason of, among other things, LICENSEE’s failure to pay all amounts due to YALE pursuant to Articles 5, 6, and 10 and LICENSEE’s failure to comply with Section 7.5.
LICENSE GRANT AND TERM. 3.1 Subject to all the terms and conditions of this Agreement, YALE hereby grants to LICENSEE and its AFFILIATES an exclusive, sublicensable (in accordance with Article 7) license, subject to Article 3.3 under the LICENSED PATENTS to make, have made, use, offer for sale, sell, have sold, import and export LICENSED PRODUCTS, to practice, sell and offer for sale LICENSED METHODS, and to otherwise exploit the LICENSED PATENTS within the FIELD in the LICENSED TERRITORY (the “LICENSE”).
3.2 To the extent that any invention included within the LICENSED PATENTS has been funded in whole or in part by the United States government, the United States government retains certain rights in such invention as set forth in 35 U.S.C. §200-212 and all regulations promulgated thereunder, as amended, and any successor statutes and regulations (the “Federal Patent Policy”). As a condition of the license granted hereby, LICENSEE acknowledges and shall comply with all aspects of the Federal Patent Policy applicable to the LICENSED PATENTS, including the obligation (if applicable) that LICENSED PRODUCTS used or sold in the United States be manufactured substantially in the United States. Nothing contained in this Agreement obligates or shall obligate YALE to take any action that would conflict in any respect with its past, current or future obligations to the United States Government under the Federal Patent Policy with respect to the LICENSED PATENTS. YALE has taken, and shall continue to take actions necessary under the Federal Patent Policy to secure ownership of the LICENSED PATENTS for YALE.
3.3 The LICENSE is expressly made subject to YALE’s reservation of the non-exclusive right, on behalf of itself and all other non-profit academic research institutions, to make, use and practice the LICENSED PATENTS and LICENSED PRODUCTS for research, clinical, teaching or other non-commercial purposes, and not for purposes of commercial development, use, manufacture or distribution.
3.4 Unless terminated earlier as provided in Article 13, the term of this Agreement (the “TERM”) shall commence on the EFFECTIVE DATE and shall automatically expire, on a country-by-country basis, on the date on which the last of the claims of the patents and patent applications described in the LICENSED PATENTS in such country expires, lapses or is declared to be invalid by a non-appealable decision of a court or other authority of competent jurisdiction.
3.5 Nothing in this Agreement shall be construed to g...
LICENSE GRANT AND TERM. Pitney Xxxxx grants to Licensee, pursuant to, and subject to Licensee's compliance with, the terms and conditions set forth in this Agreement and subject to payment of all applicable license fees relating to the Pitney Xxxxx Software, and Licensee accepts a non-exclusive, non-transferable license to access and use the Pitney Xxxxx Software for the Term (the "License"). The "Term" is: (a) a perpetual term in the case of Pitney Xxxxx Software subject to a Sales Agreement; and (b) the term of the applicable Lease Agreement in the case of Pitney Xxxxx Software subject to a Lease Agreement. This license does not include the right to grant sublicenses. "Pitney Xxxxx Software" means: (a) whichever of the software named above that is listed, with prices, in the Sales/Lease Agreement, (b) any Pitney Xxxxx proprietary software or third party proprietary software that connects with or interfaces the software named above to any Pitney Xxxxx, Licensee or third party equipment, software or service, (c) any other Pitney Xxxxx proprietary software and third party proprietary software that are listed, with prices, in the Sales/Lease Agreement and are directly related to Licensee's use of the software referred to in clause (a), and (d) any Pitney Xxxxx or third party proprietary development tools provided under this Agreement that are reasonably required to use the Pitney Xxxxx Software. Notwithstanding the foregoing, "Pitney Xxxxx Software" excludes any Pitney Xxxxx proprietary software and any third-party software that is subject to a separate software license agreement ("Excluded Software"). All obligations with respect to Excluded Software shall be exclusively governed by such separate software license agreement and, in the case of Excluded Software that is third-party software, shall be exclusively owed to Licensee by the third-party licensor thereof.
LICENSE GRANT AND TERM. PBDMT grants to Licensee, pursuant to, and subject to Licensee’s compliance with, the terms and conditions set forth in this Sorter License Agreement and subject to payment of all applicable license fees relating to the Operating and Application Software (collectively “PBDMT Software”), and Licensee accepts a non-exclusive, non-transferable license to use the PBDMT Software for the Term (the “License”). Term: Unless terminated as provided herein, the term of the License for the PBDMT Software will commence on the equipment delivery date and will continue for a period of one (1) year. Thereafter, this Sorter License Agreement will be renewed automatically for additional one (1) year periods unless either party gives written notice of its intention not to renew no less than ninety (90) days prior to the anniversary date. In the event Licensee elects to terminate this Sorter License Agreement without cause prior to the expiration of the then-current one (1) year term, no pro-rata refund will be provided. Application Software provided hereunder requires Licensee to provide testing materials to the United States Postal Service (“USPS”) for purposes of ensuring MERLIN compliance. PBDMT assumes no liability for Licensee’s failure to obtain USPS approval.
LICENSE GRANT AND TERM. 3.1. Subject to all the terms and conditions of this AGREEMENT, and in connection with the execution and delivery by the parties of the SRA, YALE hereby grants to LICENSEE (a) an exclusive license, subject to the reservation of rights by YALE under Article 3.3, under the LICENSED PATENTS to research, develop, make, have made, use, sell, have sold, import, export, or practice LICENSED PRODUCTS within the FIELD in the TERRITORY (the “LICENSE”); and (b) a non-exclusive license to the LICENSED INFORMATION to research, develop, make, have made, use, sell, have sold, import, export, or practice LICENSED PRODUCTS within the FIELD in the TERRITORY.
3.2. To the extent that any invention included within the LICENSED PATENTS has been funded in whole or in part by the United States government, the United States government retains certain rights in such invention as set forth in 35 U.S.C. §200-212 and all regulations promulgated thereunder, as amended, and any successor statutes and regulations (the “FEDERAL PATENT POLICY”). As a condition of the license granted hereby, LICENSEE acknowledges and shall comply with all aspects of the FEDERAL PATENT POLICY applicable to the LICENSED PATENTS, including the obligation that LICENSED PRODUCTS used or sold in the United States be manufactured substantially in the United States. Nothing contained in this AGREEMENT obligates or shall obligate YALE to take any action that would conflict in any respect with its past, current or future obligations to the United States Government under the FEDERAL PATENT POLICY with respect to the LICENSED PATENTS.
LICENSE GRANT AND TERM. Subject to your strict compliance with this Agreement, DNL grants you a non-exclusive, non-transferable, non-sublicensable, limited license to access the Course Software for professional development during the term of your purchase, which begins when you signal your acceptance of this Agreement through payment for this Course Software or otherwise enroll in the Course, and it will terminate twelve (12) months after the date of the Acceptance date (the “Term”). At that time, your online access to the Course Software will cease to give you access to the Course Software.
LICENSE GRANT AND TERM. Subject to your compliance with these terms, Motio grants you a non-exclusive license to install and use the Software Product consistent with these terms and related Documentation accompanying the Software Product during the period beginning on the date of your acceptance of this Agreement (the “Effective Date”) and ending 365 days thereafter (“License Term”). Motio may terminate this Agreement upon your material breach of this Agreement, which material breach has not been cured within thirty (30) days after receipt of written notice thereof. Upon expiration or termination of the License Term, some or all of the Software Product may cease to operate without prior notice. Upon any expiration or termination of the Agreement, the rights and licenses granted to you under this Agreement shall immediately terminate, and you shall immediately cease using the Software Product. The provisions of Section 1 (Definitions), Section 6 (Restrictions on Use), Section 11 (Confidentiality), Section 12 (Proprietary Rights), Section 15 (Limitation of Liability), and any provisions which, by their nature, should survive the termination hereof, will survive the termination of the Agreement, howsoever caused, but this will not imply or create any continued right to use the Software Product after termination of the Agreement.
LICENSE GRANT AND TERM. Upon your acceptance of this AEULA, Altova grants you a non- exclusive, non-transferable limited license, without the right to grant sublicenses, to install and use ABE software on a per server basis for a twelve (12) month term, commencing on the date of your license purchase and expiring on the date that is twelve (12) months thereafter (the “ABE License Term”). Altova also grants you a non-exclusive, non-transferable, limited worldwide license, without the right to grant sublicenses, to use software to develop web pages, web applications, or applications that include ABE software, to reproduce the ABE software on your website or server and to distribute the ABE software from your website or server over a computer network, but only in its executable object code form, and only to end users for the limited purpose of enabling them to view, share, and/or edit XML files during the ABE License Term. If you wish to continue to use, and/or reproduce and/or distribute the ABE software after the expiration of its license term, you must purchase a new Authentic Browser-Plugin Enterprise Edition. If you have purchased an ABE software license then under the terms of the AEULA, support and maintenance (or SMP as further detailed below) for the software is included as part of the license purchase and you will be entitled to receive the benefits set forth below during the ABE License Term which is coterminous with the Support Period. Unlike other Altova software products, you cannot renew SMP for the ABE software and at the expiration of the ABE License Term and Support Period, you must purchase a new ABE software license if you wish to continue to use, reproduce or distribute the software.
LICENSE GRANT AND TERM. 2.1 Subject to all the terms and conditions of this Agreement, YALE hereby grants to LICENSEE an exclusive, worldwide license, under the LICENSED INTELLECTUAL PROPERTY within the FIELD, with the right to grant sublicenses, to make, have made, use, sell, offer to sell, import and export LICENSED PRODUCTS and to practice any LICENSED METHOD (the “LICENSE”).
2.2 The LICENSE is expressly made subject to Yale’s reservation of the right to make, use and practice the LICENSED INTELLECTUAL PROPERTY for its own non-commercial purposes. Nothing in this Agreement shall be construed to grant by implication, estoppel or otherwise any licenses under patents of YALE other than the LICENSED INTELLECTUAL PROPERTY.
2.3 Unless terminated earlier as provided in Article 12, the LICENSE shall commence on the date of full execution of this Agreement and the LICENSE, shall automatically end on the date of the last to expire of the patents described in the LICENSED INTELLECTUAL PROPERTY.
2.4 If LICENSED INTELLECTUAL PROPERTY exists in countries outside the U.S., the LICENSE granted in Article 2.1 shall automatically convert to a paid-up, non-exclusive license, on a country-by-country basis when the last to expire of the patents as described in the LICENSED INTELLECTUAL PROPERTY in that country expires,
2.5 Appendix B is incorporated and a part of this Agreement.
LICENSE GRANT AND TERM. Pitney Xxxxx grants to Licensee, pursuant to, and subject to Licensee’s compliance with, the terms and conditions set forth in this Agreement and subject to payment of all applicable license fees relating to the Operating and Application Software (collectively “Pitney Xxxxx Software”), and Licensee accepts a non- exclusive, non-transferable license to use the Pitney Xxxxx Software for the Term (the “License”). Term: Unless terminated as provided herein, the term of the License for the Software shall commence on the equipment delivery date and shall continue for a period of one (1) year. Thereafter, this agreement shall be renewed automatically for additional one (1) year periods unless either party gives written notice of its intention not to renew no less than ninety (90) days prior to the anniversary date. In the event Licensee elects to terminate this Agreement without cause prior to the expiration of the then-current one (1) year term, no pro-rata refund will be provided. Notwithstanding any automatic renewals, this Agreement shall terminate no later than sixty (60) months after the effective date provided, however, the term license will survive termination of this Agreement for the balance of existing license term and continue to be governed pursuant to the terms of this Agreement. Application Software provided hereunder requires Licensee to provide testing materials to the United States Postal Service (“USPS”) for purposes of ensuring MERLIN compliance. Pitney Bowes assumes no liability for Licensee’s failure to obtain USPS approval.
