Marketing Authority. HP will have the authority to market the OEM ------------------- Products and any HP Products containing the OEM Products to the extent it deems appropriate, in its sole discretion. Without limiting the generality of the foregoing sentence, nothing in this Agreement will be construed or interpreted to place a "best efforts" obligation upon HP *Material has been omitted pursuant to a request for confidential treatment. Such material has been filed separately with the Securities and Exchange Commission. with respect to marketing the HP Products or OEM Products or preclude HP from independently developing, purchasing, licensing, or marketing any product which performs the same or similar function as the OEM Products. HP will have the right to use its then current standard form business and license terms for all marketing and distribution of the OEM Products and HP Products.
Marketing Authority. EMACHINES shall have the right to use its own ------------------- business and license terms for all marketing and distribution of the Products.
Marketing Authority. Philips will have the authority to market the OEM Products and the Philips Products containing the OEM Products to the extent it deems appropriate, in its sole discretion. Without limiting the generality of the foregoing sentence, nothing in this Agreement will be construed or interpreted to place a "best efforts" obligation upon Philips with respect to marketing the Philips Products or OEM Products or preclude Philips from independently developing, purchasing, licensing, or marketing any product which performs the same or similar function as the OEM Products. Philips will have the right to use its own business and license terms for all marketing and distribution of the OEM Products and Philips Products.
Marketing Authority and its Affiliates shall have the right to use their own business and license terms for all sales, marketing and distribution of the Products acquired by them.
Marketing Authority. Subject to the territorial limitations set forth in Section 3.1 above, Agilent will have the authority to market the OEM Products and the Agilent Products containing the OEM Products to the extent it deems appropriate, in its sole discretion. Without limiting the generality of the foregoing sentence, nothing in this Agreement will be construed or interpreted to place a “best efforts” obligation upon Agilent with respect to marketing the Agilent Products or OEM Products or preclude Agilent from independently developing, purchasing, licensing, or marketing any product which performs the same or similar function as the OEM Products. Agilent will have the right to use its own business and license terms for all marketing and distribution of the OEM Products and Agilent Products.
Marketing Authority. Subject to the terms and conditions contained in this agreement, HP shall have the worldwide, non-transferable, non-exclusive right to market the New HP Printer bundling the Program [ILLEGIBLE], provided that such marketing is consistent with the terms of this Agreement. Without limiting the generality of the foregoing sentence, nothing in this Agreement will be construed or interpreted to place a "best effort" obligation upon HP with respect to marketing the HP printers and the Program or preclude HP from independently, developing, purchasing, licensing or marketing any product which performs the same or similar function of the Program. 14 Revision 18/12/00 OEM SOFTWARE DEVELOPMENT AND LICENSE AGREEMENT No 12/00
Marketing Authority a. Seller hereby grants to Buyer and its distributors, subdistributors, field organization and channel partners: (1) the exclusive, perpetual, irrevocable, royalty-free right to promote, sell, resell, license, sub-license, distribute and service the Products listed as "Exclusive Products" on Attachment A and purchased from Seller on a world-wide basis; (2) the non-exclusive, perpetual, irrevocable, royalty-free right to promote, sell, resell, license, sub-license, distribute and service the Products listed as "non-US Products" on Attachment A and purchased from Seller on a world-wide basis (except for the United States) solely to Buyer customers outside of United States who have purchased BIS/EEG Modules or BISx Systems from Buyer; and (3) the non-exclusive, perpetual, irrevocable, royalty-free right to promote, sell, resell, license, sub-license, distribute and service all other Products purchased from Seller on a world-wide basis. The Products may be promoted, sold, resold, licensed, sublicensed and distributed by Buyer directly and/or indirectly through its distributors, subdistributors, field organization and channel partners, and may be used as components in, or be incorporated into, or integrated with, systems and products of Buyer, which Buyer, its distributors, sub-distributors, field organization and/or channel partners sell or lease to third party users in the regular course of business. The provisions of this Section 21(a) will survive any change in control of Seller and Seller agrees that, if it sells all or substantially all of the assets relating to the business that produces the Products, it will require that the purchaser of the assets agrees to assume this Agreement as well.
Marketing Authority. ACCURAY will have the authority to market the Products only if and when they are incorporated and integrated in the ACCURAY Products.
Marketing Authority. Communications will have the below wording: Marketing Authority. Communications. HP shall have the sole authority and responsibility to market and resell the Products to the extent it deems appropriate, and in its sole discretion.
Marketing Authority. Cytori retains the sole and exclusive right and authority to market the Licensed Product(s) worldwide, to the extent it deems appropriate, in its discretion. Upon NewCo’s reasonable request, Cytori, when reasonably practicable, shall allow NewCo’s personnel to participate in Cytori’s general marketing research activities in relation to the Licensed Product(s).
