License Provisions. Subject to the terms and conditions of this Agreement, Arachnid grants Buyer a non-exclusive license (referred to in this Agreement as the “License”) to use the operating game software supplied as part of the Products (“Game Software”). Arachnid is either (i) the owner of all rights in and to the Game Software, including, but not limited to, copyrights and trade secret rights, or (ii) a licensee of certain components of the Game Software and is authorized to include such components in the Products. This Agreement does not convey to Buyer ownership of any of the software in the Product and Arachnid or Arachnid’s licensors retain all title and ownership in such software and any modifications, updates or enhancements thereof. The Game Software shall only be used on a single Product at one time. Buyer shall not transfer or distribute the Game Software or the License to others, except that Buyer may transfer to only the customer purchasing or using the Product a sublicense for that Product only to use the Game Software embedded in the Product on the terms and conditions set forth herein. Except to the extent provided in the next sentence, neither Buyer nor its customers nor any subsequent transferees shall have any right to copy, reproduce, distrib- ute, transmit, remove, download, decompile, reverse engineer or modify the Game Software, nor the right to remove, obstruct or alter copyright, patent, trademark and software license notices on or accompanying the Product or its Game Software. The owner and licensee of the Product shall have the right to copy for installation into the Product and to install into the Product updated Game Software that may be distributed to such owner and licensee from time to time by Arachnid. Neither the Products nor any of its Game Software shall be exported or re-exported in violation of any export provisions of the United States or any other applicable jurisdiction. Except to the extent expressly permitted under this Section 2, any attempt to sublicense, assign or transfer any of the rights, duties or obligations hereunder is void. In the case of the United States Government or an agency thereof as licensee, the following additional terms and notices apply: Restricted Computer Software, as defined in the Rights in Data-General clause at Federal Acquisition Regulations 52.227_14; and as applicable, Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in ...
License Provisions. The Operating Committee shall determine the location and the time at which all working obligations required by the Licenses or the Petroleum Law shall be performed, unless and to the extent relief from such obligation is sought and obtained from the Government.
License Provisions. The License Provisions include Sections 4 through 13 and are solely applicable to the purchase of a License. Company offers several types of License. The specific License purchased by Customer is set forth in the Proposal. If a specific type of License is not identified in the Proposal, Customer purchased a Standalone License. Each License Provision applies to all License types unless its application is explicitly limited to one or more specific License types.
License Provisions. For the purpose of clarification, Elan and Acorda agree that:
8.2.1 the reference in the definition of “Elan Patent Rights” to the infringement by the manufacture, use or sale of the Product is to be read as a reference to infringement by the manufacture, use or sale of the First Product or the Development Product; and
8.2.2 the references in the definition of “Elan Patent Rights” and “Elan Know How” to development “in connection with the Project” is to be read as if it additionally referred to development pursuant to this Agreement.
License Provisions x. Xxxxxx will be required to provide quarterly sales and purchase projections, relative to the production required of Innova. Upon the issuance of a purchase order and payment of fifty-percent of the order value, Innova will provide firm delivery dates to the best of Innova’s ability, which may be predicated upon the availability of components from Innova suppliers. Typically delivery will commence from Innova within 120 days; or as soon thereafter as components can be received from a supplier based upon Innova placing an order upon receipt of the order and deposit from Xxxxxx
b. Price increases shall be limited to the percentage increase in cost of raw material and change in the Producers cost index for consumer product companies. (Consumer Price Index).
c. The right to manufacture will be provided to the Licensee under the condition or circumstances that Innova, its affiliates, or successor companies cannot fulfill the reasonable delivery requirements of Xxxxxx Products:
i. In accordance with quarterly forecasts, and with such advanced forecasts having been provided on a timely basis, the quoted delivery time period is beyond 120 days, unless delayed by a vendor or alternatively:
ii. If the product supplied quality becomes deficient when compared to “Physical Proofs” provided for quality assurance and as standards for quality and performance previously accepted and signed by both parties.
iii. Innova becomes insolvent; or ceases to function as a going concern; or ceases to conduct its operation in the normal course of business; or a receiver for it or assignee for benefit of creditors is appointed; suffers an attachment or levy on a substantial portion of its assets; or files for relief under any bankruptcy, reorganization, liquidation or other insolvency proceeding; or it otherwise takes advantage of any insolvency law; and cannot fulfill its delivery obligation; or
iv. Innova breaches any other material provision of this Agreement.
v. Tooling purchased entirely by Xxxxxx will be Xxxxxx property and will not be used to produce product for others without the expressed approval of Xxxxxx.
vi. Should any of the above conditions not be met or cured within forty-five days of notification by Xxxxxx, Xxxxxx may have full access to the tooling that Xxxxxx has become a part owner of, or has purchased for use within the vendors facility and proceed to manufacture under this license for it’s own account until such time as Innova corrects the problem.
vii. Should ...
License Provisions. If requested, the USGS agrees to negotiate with the Collaborator for an exclusive license to sole or jointly developed inventions in the following identified field of use ______________. Any such license shall be negotiated independently from the CRADA and shall include reasonable commercial terms. The Collaborator's right to negotiate a license(s) begins at the time that an invention disclosure is filed and ceases 6 months after the termination of this CRADA for all subject inventions.
License Provisions. 1. NRC Research Press will provide the corresponding author, co-author, or licensing sponsor with a copy of the Article's Version of Record in PDF format, or in a digital file format as may be determined at the discretion of NRC Research Press.
2. In consideration of NRC Research Press agreeing to publish the Article, the Owner grants to NRC Research Press for the full term of copyright in the Article and any extensions thereto, subject to Paragraph 3 below, an irrevocable, royalty-free, non-exclusive licence (a) to publish, reproduce, distribute, display, and store the Article in all forms, formats, and media whether now known or hereafter developed (including but without limitation in print, digital or electronic form) throughout the world, (b) to translate the Article into other languages, create adaptations, summaries or extracts of the Article or other derivative works based on the contribution and exercise all of the rights set forth in (a) above in such translations, adaptations, summaries, extracts, and derivative works, (c) to license others to do any or all of the above, and (d) to assign this license. The Owner also grants to NRC Research Press all these same rights, also on a non-exclusive basis, for any supplementary data submitted with the Article to be made available on the Web site.
3. Ownership of the copyright in the material contained in the Article remains with the Owner, and provided that, when reproducing the Article or extracts from it, the Owner shall acknowledge and reference publication in the Journal, the Owner retains the following non- exclusive rights:
(a) To post an electronic copy of their submitted Article (pre-print) on their own Web site, an institutional repository, or their funding body's designated archive.
(b) To post an electronic copy of their accepted Article (post-print) on their own Web site, an institutional repository, or their funding body's designated archive. Authors who archive or self-archive accepted articles must provide a hyperlink from the Article to the Journal's Web site.
(c) To post an electronic copy of the Article's Version of Record on their own Web site, an institutional repository, or their funding body's designated archive. Authors who archive or self-archive the Version of Record must provide a hyperlink from the Article to the Journal's Web site.
(d) Subject to the Owner's permission, the Author(s) and any academic institution where they work at the time may reproduce their Article for the p...
License Provisions. Collaborator, at any time, may license or sublicense in whole or in part, any rights and interests granted to Collaborator from NPS under the terms and conditions of this CRADA. Collaborator may exercise such right without obtaining additional authorization from NPS, but Collaborator expressly agrees that in so licensing or sublicensing, it will specifically reserve to NPS all rights and privileges provided in this agreement for NPS, including the provisions of Appendix B. In the event of a license or sublicense, Collaborator will notify NPS of each license and sublicense to enable NPS to call for the reports provided for in this agreement.
License Provisions. A. Non-exclusive License
(i) LICENSOR hereby grants to LICENSEE and LICENSEE accepts from LICENSOR, a Non-exclusive License to make and have made for LICENSEE Licensed Products in the Exclusive Field and the Non-exclusive Field. Additionally, LICENSOR hereby grants to LICENSEE and LICENSEE accepts from LICENSOR, a Non-exclusive License to offer for sale, sell, lease and distribute Licensed Products within the Exclusive Field or Non-exclusive Field to End Users, Product Resellers, and Service Providers. No rights to use are granted under this Section 2A(i). LICENSEE agrees to the following conditions regarding sale or lease of Licensed Products.
(a) All End Use Units must be sold or leased with an End Use License.
(b) All End Use Units sold or leased to End Users must be sold with a means for the End User to obtain both: a Licensed Monitoring Services Agreement with a Service Provider with a Commercial Monitoring License; and a Self Monitoring License.
(c) All End Use Units sold to Product Resellers that are Service Providers: without a Commercial Monitoring License; or that resell Units together with Monitoring Services Agreements with a third party Service Provider that does not have a Commercial Monitoring License must be sold with a Reseller Unit Monitoring License.
(d) All Units sold to Product ReSellers that are NOT Service Providers or that resell Units without a Monitoring Services Agreement must be sold with restrictions that require the Product Reseller to include a means for the End User to obtain both: a Licensed Monitoring Services Agreement with a Service Provider that has a Commercial Monitoring License; and
License Provisions. Distributor must enter an enforceable agreement with each Customer that includes provisions no less protective of the Software and Documentation than those specified herein.
