OEMs. To the extent that Joyoung, its Affiliate or an Approved OEM is unable to transfer and assign such rights, then Joyoung shall, and shall cause such Affiliate or Approved OEM to, make available to SharkNinja or its designated Affiliate all rights that Joyoung and its Affiliates hold pursuant to such manufacturer warranties and shall cooperate with SharkNinja in enforcing such warranties, at no additional charge (other than reasonable out-of-pocket costs incurred by Joyoung and its Affiliates in connection therewith) and in each case subject to the terms of the applicable agreements with such Approved OEM. Without limiting the generality of the foregoing in this Section 8.3, Joyoung shall obtain and pass through to SharkNinja the following warranties with regard to the Products from any and all Approved OEMs: (i) conformance of the Products with the applicable specifications and with the Purchase Orders; (ii) that the Products will be free from defects in workmanship; and (iii) that the Products will comply with applicable Law.
OEMs. This Agreement is not applicable to situations in which Licensee proposes to build Product on an original equipment manufacturer (OEM) basis for third party suppliers who market such Products under their own brand names, and no rights to sublicense the Licensed Technology are granted hereunder. A separate non-assertion agreement between Macrovision and Licensee substantially in the form attached hereto as Attachment 7 will be required in such instances, and all such third party suppliers who market such Products under their own brand names must execute a license agreement with Macrovision on terms no more onerous than those contained in this Agreement prior to receiving shipment of Product from Licensee. Macrovision will negotiate the required non-assertion agreement and third party license agreements in good faith. Parties desiring to acquire non-Macrovision capable DVD equipment from Licensee on an OEM basis are not required to obtain a license from Macrovision.
OEMs. Subject to SCi's prior written approval Gizmondo may install, pre-load or embed Products on the Device prior to sale, subject to SCi receiving an equivalent Earned Royalty as it would have had the Game been sold at retail at full retail price.
OEMs. Agreement is not applicable by itself to situations in which Licensee proposes to build Product on an original equipment manufacturer (OEM) basis for third party suppliers who market such Products under their own brand names, and no rights to sublicense the Technology are granted hereunder. In addition to this Agreement, a separate non-assertion agreement between Macrovision and Licensee substantially in the form attached hereto as Attachment 7 will be required in such instances, and all such third party suppliers who will sell or otherwise distribute more than five thousand (5,000) Products in any calendar year, directly or indirectly to consumers, under their own brand names, must execute a license agreement with Macrovision under Macrovision's then current license terms, prior to receiving shipment of Product from Licensee. However, provided that Licensee has entered into the separate non-assertion agreement with Macrovision, Licensee may sell a limited number of Macrovision-certified Products to non-licensed third parties on an OEM basis pursuant to the terms of such non-assertion agreement. Macrovision will negotiate the required nonassertion agreement and third party license agreements in good faith. Parties desiring to acquire nonMacrovision capable DVD equipment from Licensee on an OEM basis are not required to obtain a license from Macrovision.
OEMs. Client agrees, acknowledges, and understands that actual manufacture and provision of the hardware and software and actual performance of the Third Party Services, shall be provided and made by the applicable OEMs and may be subject to change as determined by the applicable OEM.
