Minimum License. The User reserves an irrevocable, nonexclusive, paid-up license in each patent application filed in any country on a Subject Invention and any resulting patent in which the User does not elect to retain title or in which the Government acquires title. The license shall extend to the User’s domestic subsidiaries and affiliates, if any, within the corporate structure of which the User is a part and shall include the right to grant sublicenses of the same scope to the extent the User was legally obligated to do so at the time this Agreement was entered into. The license shall be transferable only with approval of DOE except when transferred to the successor of that part of the User’s business to which the invention pertains.
Minimum License. Subject to the terms of this Agreement, Reseller will sell licenses to the Software under contractual terms and conditions freely determined by Reseller, PROVIDED that the license terms accepted by a Reseller Customer are no less protective of StreamServe’s rights than the terms and conditions set forth in Exhibit E (the “Minimum License”). Reseller is not entitled to grant Reseller Customers any rights or remedies larger, different or otherwise more extended than the rights and remedies provided for in the Minimum License. Any such grant of rights or remedies larger, different or more extended shall be a material breach of this Agreement, and Reseller will defend and hold StreamServe harmless against any and all damages suffered by StreamServe as a consequence of failure by Reseller to make enforceable with regard to Reseller Customers terms at least as protective of StreamServe’s rights as the terms and conditions set out in Exhibit E. Reseller may also, at its option, in certain situations, provide the Software under its own end user license agreement (“Reseller Customer Agreement”) provided that such agreement contains terms which are no less protective of StreamServe’s rights as provided for by Exhibit E. Each Reseller Customer Agreement or Minimum License (as the case may be) granted hereunder shall be in writing, and signed by the Reseller Customer. Reseller is not a party to StreamServe’s end user license and does not assume any obligations for violations of it. StreamServe is not a party to the Reseller Customer Agreement and does not assume any obligations for violations of it. StreamServe reserves the right to add to, subtract from or otherwise modify the terms and conditions of the Minimum License by giving Reseller ninety (90) days prior written notice of such changes. Agreements entered into with Reseller Customers prior to the effective date of the new changes do not have to be amended to include them, except that if Reseller has the right to terminate to defeat an extension or automatic renewal, the changes must become part of any extension or renewal. Reseller reserves the right to object to any changes proposed by StreamServe to the Minimum License in which case Software shall not be distributed hereunder to any Subdistributor or Reseller Customer until any such objections have been resolved to the satisfaction of both parties.
