Nonassertion. New River and its Affiliates hereby covenant and agree not to, alone or in cooperation with any Third Party, [*], the manufacture, use, offer for sale, sale, distribution, import or export of which is done under and in accordance with the terms of this Agreement. This covenant will run with and attach to any and all intellectual property owned or controlled, in whole or in part, by New River and shall be binding upon any assignee of any intellectual property from New River.
Nonassertion. Except for matters listed in Appendix A to this Agreement, I will not assert any rights under any inventions, discoveries, concepts, or ideas or improvements thereof, or know how related thereto, as having been made or acquired by me prior to my being employed by the Company, or since the date of my employment and not otherwise covered by the terms of this Agreement.
Nonassertion. 17.1 LICENSOR agrees not to assert any of its rights under any others of its patents against LICENSEE or its transferees, which rights are necessary to the practice of rights granted to LICENSEE under this Agreement.
Nonassertion. The Employee agrees and covenants that he shall not, directly or indirectly, assert any rights under any inventions, discoveries, concepts or ideas or improvements thereof, or know how related thereto, as having been made or acquired by the Employee prior to the Employee being employed by the Company, or since the date of his employment and not otherwise covered by this Agreement.
Nonassertion. Except to the extent required to protect Company Background Intellectual Property or Improvements rights, and without limiting Section 13.3, Company and its Affiliates hereby covenant and agree not to, alone or in cooperation with any Third Party, sxx or bring any cause of action against LBIO, its Representatives, suppliers, distributors, salespersons, customers, licensees or end-users for any patent infringement based on any development, manufacturing or commercialization activities relating to the Product, the Process or LBIO’s Background Intellectual Property conducted by LBIO and any Third Party for LBIO. This covenant will run with and attach to any and all patent rights owned or controlled, in whole or in part, by Company and shall be binding upon any assignee or sublicensee of any Intellectual Property from Company.
Nonassertion. 29.1 NASA agrees not to assert any of its rights under any others of its copyrights, patents or patent applications in any country of the world, against NEXTGEN SYSTEMS, its SUBLICENSEES, vendors or customers which rights are necessary to or incidental to the practice of the rights granted to NEXTGEN SYSTEMS under this Agreement.
Nonassertion. With respect to (a) any patent (other than the Excluded Patents) issued in any country which on the Effective Date, LICENSOR owns or under which it has the right to grant licenses or (b) any patent (other than the Excluded Patents) which may later issue in any country other than the United States on a pending patent application which, on the Effective Date or during the term of this Agreement, LICENSOR owns or under which it has the right to grant licenses, LICENSOR shall not assert any claims for infringement against LICENSEE, any LICENSEE Affiliate, or any of their respective shareholders, employees, agents, suppliers, vendees, licensees, lessees, customers or Users based on the manufacture, sale, or use of any ultraviolet light generating instrumentality upon which a royalty has been paid in accordance with Article 4. The provisions of this Section 3.4 shall be binding upon and inure to the benefit of the LICENSOR and LICENSEE and their respective successors and permitted assigns.
Nonassertion. 4.1 For a period of ten (10) years from the Separation Date, Spinco agrees that with respect to any patents owned or Licensable by Spinco or its affiliates, neither Spinco nor its affiliates will assert against Quantum or any of its Subsidiaries or any successor to a business of Quantum or its Subsidiaries, any claims of infringement based on the manufacture, importation, use or sale of any Quantum Products by Quantum, its Subsidiaries, or any successor to a business of Quantum or its Subsidiaries, or any of their respective distributors, customers or end users.
4.2 For a period of ten (10) years from the Separation Date, Quantum agrees that with respect to any patents owned or Licensable by Quantum or its affiliates, neither Quantum nor its affiliates will assert against Maxtor or any of its Subsidiaries or any successor to a business of Maxtor or its Subsidiaries, any claims of infringement based on the manufacture, importation, use or sale of any Maxtor HDD Products by Maxtor, its Subsidiaries or any successor to a business of Maxtor or its Subsidiaries, or any of their respective distributors, customers or end users.
Nonassertion. 3.1 In addition to the license granted hereabove in Article 2, POLAROID agrees that it shall not assert, nor cause or permit any of its Affiliates to assert any POLAROID Licensed Patents against LUMENON or its Affiliates, suppliers, or customers based on LUMENON's, its Affiliates, or its supplier's past manufacture, past, present or future import, export, use, operation, lease, offer to sell, sale or other disposition of any past manufactured LUMENON Licensed Products for or on behalf of LUMENON, or any LUMENON Affiliate, or based on any LUMENON, or its customer's or LUMENON Affiliate customers' past, present or future import, export, use, operation, lease, offer to sell, sale or other disposition of any past manufactured LUMENON Licensed Products purchased or acquired from LUMENON and/or its Affiliates.
Nonassertion. SEI agrees that it shall not assert against Isonics or its customers and licensees or sublicensees, any claims for infringement or misappropriation based on the manufacture, use, or sale of any Licensed Products.
