Licensed Software Products. Varex (and each other member of the Varex Group) shall have the License to use and have used the Licensed Marks on any Licensed Software Product in the same manner as they were used in the Varex Business prior to the Distribution Date until such Licensed Software Product is no longer supported by Varex or used by any customer of Varex, whichever occurs first (“Software License Expiration”), subject to the remainder of this Section 2.01(e). On or before (but not more than six (6) months before) the sixth (6th) anniversary of the Distribution Date, Varex will provide Varian with a list of all Licensed Software Products for which Software License Expiration has not occurred. Varex will have the option, exercisable by written notice to Varian on or before such sixth (6th) anniversary, to extend the License under this Section 2.01(e) as to any such Licensed Software Products for an additional three (3) years. The License under this Section 2.01(e) as to any Licensed Software Products for which Varex does not exercise its option to extend will terminate on such sixth (6th) anniversary. The foregoing extension option and termination process will be repeated every three (3) years thereafter until Software License Expiration has occurred for all Licensed Software Products and/or the License under this Section 2.01(e) has terminated for all Licensed Software Products due to Varex’s failure to extend. Notwithstanding the foregoing, following the Distribution Date, Varex will use its reasonable efforts to cease use of the Licensed Marks in the Licensed Software Products, it being understood that changes in Licensed Software Products, including removal of the Licensed Marks, may require customer approval, validation, and/or regulatory work. For the avoidance of doubt, no License is granted to use the Licensed Marks on any software initially developed (i.e., not an update to a Licensed Software Product) and distributed by Varex after the Distribution Date.
Appears in 5 contracts
Samples: Trademark License Agreement, Trademark License Agreement, Trademark License Agreement (Varian Medical Systems Inc)
