Marketing of Licensed Products Sample Clauses

Marketing of Licensed Products. 4.1. SAG hereby relinquishes and releases any claim it may have to any trademark or trade name, together with any related goodwill, associated with a SAGA Product that SAGA has announced or is marketing or advertising as of the Effective Date. SAGA hereby relinquishes and releases any claim it may have to any trademark or trade name, together with any related goodwill, associated with a SAG Product that SAG has announced or is marketing or advertising as of the Effective Date. Each party will execute such assignments and similar documents as may be necessary to transfer any trademark registration in a manner consistent with the foregoing. 4.2. Each party, in its capacity as an Originating Party, grants the Distributing Party a license (co-extensive and co-terminous with such Distributing Party's license rights to the applicable Licensed Product) to use the Originating Party's trademarks and trade names associated with their applicable Licensed Products. 4.3. SAG agrees and acknowledges that it will not use, create, acquire or at any time own within the Territory an Affiliate with, the name "Software AG Americas," "Software AG North America" or any other name confusingly similar to any name formerly used by SAGA or SAGSI. SAG will have the right to use the trademark "Software AG" within the Territory in a manner that avoids confusion with SAGA. In the event of any such confusion, the parties will cooperate in order to eliminate promptly that confusion. 4.4. Unless the parties agree otherwise in writing, each party shall structure its agreements appointing Distributors and otherwise conduct its business so that (i) for each End User license for a Licensed Product granted by a Distributor, a license fee is paid by the End User to the Distributor and an amount is paid by the Distributor to the party that has appointed the Distributor, (ii) license fees and other amounts payable are fairly allocated to Licensed Products and there is no other unfair discrimination between SAG Products and SAGA Products. 4.5. Each party's use of trademarks specifically associated with specific Licensed Products of the other party (a "Product Xxxx"; for example, the "Construct" xxxx, in the case of SAGA, and the "Tamino", "Bolero", "Entire- X" marks, in the case of SAG), in connection with the respective Licensed Products shall be (i) consistent with the high quality image of the parties so as to enhance the respective Product Xxxx and the goodwill relating thereto, and (ii) gener...
Sample 1
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Marketing of Licensed Products. To the extent commercially feasible and consistent with prevailing business practices, Kuur shall xxxx, and shall cause its sublicensees to xxxx, all Licensed Products that are manufactured or sold under this Agreement with the number of each issued patent under the Patent Rights that applies to such Licensed Product.
Sample 1
Marketing of Licensed Products. To the extent commercially feasible and consistent with prevailing business practices, Cell Medica shall xxxx, and shall cause its sublicensees to xxxx, all Licensed Products that are manufactured or sold under this Agreement with the number of each issued patent under the Patent Rights that applies to such Licensed Product.
Sample 1
Marketing of Licensed Products. 4.1 The Licensed Products produced by the SNW may be sold only pursuant to the terms of this Section 4. 4.2 The SNW shall be primarily responsible for managing and shall have ultimate control over sales of Licensed Products produced at the SNW Plant in mainland China, Hong Kong and Macau. Sales to Taiwan are governed by Section 4.4 below. 4.3 Subject to XXXXXXXX'x purchase obligations in the Manufacturing Agreement, XXXXXXXX shall be primarily responsible for managing and shall have ultimate control over sales of the Licensed Products produced at the SNW Plant in all markets other than mainland China, Taiwan, Hong Kong and Macau. 4.4 Subject to XXXXXXXX'x purchase obligations in the Manufacturing Agreement, XXXXXXXX shall be primarily responsible for managing and shall have ultimate control over sales of the Licensed Products produced at the SNW Plant in Taiwan until December 31, 1998. Prior to December 31, 1998, the SNW and XXXXXXXX shall agree upon the distribution method in Taiwan. After December 31, 1998, the SNW shall be primarily responsible for managing and shall have ultimate control over sales of the Licensed Products produced at the SNW Plant in Taiwan under the distribution method agreed to by XXXXXXXX and the SNW.
Sample 1
Marketing of Licensed Products. SPKK agrees and acknowledges that as a condition to the license rights contained in this Agreement, SPKK and its permitted sublicensees shall use only the Marks in connection with the sale or advertising of Licensed Products, provided, however, that where SPKK offers good cause as to why a Xxxx is unsuitable for commercialization of Licensed Products in the SPKK Territory, SciClone shall file for and maintain, at its expense, during the term of this Agreement, variations on any Xxxx [*REDACTED] to ensure the optimal trademark for the SPKK Territory. SPKK and SciClone will discuss and decide jointly prior to filing of the initial NDA with respect to a Licensed Product whether it is most advantageous to the parties to market Licensed Products under a single or multiple Xxxx.
Sample 1
Marketing of Licensed Products. During the term of this Agreement, Licensee shall use its best reasonable efforts to market Licensed Products to the extent it is commercially feasible to do so, taking into account the severe limitations on Licensee's ability to market Licensed Products caused by Licensee's impaired financial condition,
Sample 1
Marketing of Licensed Products 
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Related to Marketing of Licensed Products

  • Marking of Licensed Products To the extent commercially feasible and consistent with prevailing business practices, Company shall xxxx, and shall cause its Affiliates and Sublicensees to xxxx, all Licensed Products that are manufactured or sold under this Agreement with the number of each issued patent under the Patent Rights that applies to such Licensed Product.

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • Licensed Product The term “Licensed Product” shall mean any product (a) the manufacture, use, importation, sale or offer for sale of which would, in the absence of the license granted by this Agreement, infringe a Valid Claim of any of the Licensed Patent Rights, or (b) that is comprised of, utilizes or incorporates Licensed Biological Materials, or (c) that is discovered, developed or made using a Licensed Process.

  • Commercialization Intrexon shall have the right to develop and Commercialize the Reverted Products itself or with one or more Third Parties, and shall have the right, without obligation to Fibrocell, to take any such actions in connection with such activities as Intrexon (or its designee), at its discretion, deems appropriate.

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Marketing of Production Except for contracts listed and in effect on the date hereof on Schedule 7.19, and thereafter either disclosed in writing to the Administrative Agent or included in the most recently delivered Reserve Report (with respect to all of which contracts the Borrower represents that it or its Subsidiaries are receiving a price for all production sold thereunder which is computed substantially in accordance with the terms of the relevant contract and are not having deliveries curtailed substantially below the subject Property’s delivery capacity), no material agreements exist which are not cancelable on 60 days notice or less without penalty or detriment for the sale of production from the Borrower’s or its Subsidiaries’ Hydrocarbons (including, without limitation, calls on or other rights to purchase, production, whether or not the same are currently being exercised) that (a) pertain to the sale of production at a fixed price and (b) have a maturity or expiry date of longer than six (6) months from the date hereof.

  • Commercialization License Subject to the terms of this Agreement, including without limitation Section 2.2 and Theravance's Co-Promotion rights in Section 5.3.2, Theravance hereby grants to GSK, and GSK accepts, an exclusive license under the Theravance Patents and Theravance Know-How to make, have made, use, sell, offer for sale and import Alliance Products in the Territory.

  • Competing Products The provisions of Section 21 are set forth on attached Exhibit H and are incorporated in this Section 21 by this reference.

  • Product ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User(s) shall have thirty (30) days from the date of delivery to accept hardware products and sixty (60) days from the date of delivery to accept all other Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty (30) day increment. Authorized User shall notify Contractor of acceptance upon successful completion of the documented installation test. Such cancellation shall not give rise to any cause of action against the Authorized User for damages, loss of profits, expenses, or other remuneration of any kind. If the Authorized User elects to provide a deficiency statement specifying how the Product fails to meet the specifications within the testing period, Contractor shall have thirty (30) days to correct the deficiency, and the Authorized User shall have an additional sixty (60) days to evaluate the Product as provided herein. If the Product does not meet the specifications at the end of the extended testing period, Authorized User, upon prior written notice to Contractor, may then reject the Product and return all defective Product to Contractor, and Contractor shall refund any monies paid by the Authorized User to Contractor therefor. Costs and liabilities associated with a failure of the Product to perform in accordance with the functionality tests or product specifications during the acceptance period shall be borne fully by Contractor to the extent that said costs or liabilities shall not have been caused by negligent or willful acts or omissions of the Authorized User’s agents or employees. Said costs shall be limited to the amounts set forth in the Limitation of Liability Clause for any liability for costs incurred at the direction or recommendation of Contractor.

  • Territory 33.1 This Agreement applies to the territory in which CenturyLink operates as an ILEC in the State. CenturyLink shall be obligated to provide services under this Agreement only within this territory. 33.2 Notwithstanding any other provision of this Agreement, CenturyLink may terminate this Agreement as to a specific operating territory or portion thereof pursuant to Section 6.7 of this Agreement.

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