Common use of Ownership; Reservation of Rights Clause in Contracts

Ownership; Reservation of Rights. Asthmatx acknowledges and agrees that: (i) Broncus shall retain its ownership of all Broncus Existing IP and all Broncus Future IP, and all other assets of Broncus, subject only to the rights and licenses expressly granted by Broncus to Asthmatx in this Section 2.1; (ii) except for the license rights expressly granted under this Section 2.1, no right, title, or interest is granted by Broncus to Asthmatx in, to or under any of the Broncus Existing IP or any of the Broncus Future IP; and (iii) Asthmatx is not acquiring ownership of any asset or property of Broncus under this Agreement nor any right, title or interest (including but not limited to any license or similar right) to any asset or property of Broncus other than the license rights in and to the Broncus Existing IP and Broncus Future IP expressly granted in this Section 2.1. In addition, Asthmatx acknowledges and agrees that Broncus retains, and nothing herein shall prevent Broncus from itself exercising or practicing, any and all rights with respect to Broncus Existing IP or Broncus Future IP that Broncus has not expressly granted to Asthmatx hereunder including, but not limited to: (i) the right to exercise, use and practice any and all Broncus Existing IP and/or Broncus Future IP for any purpose, application, use or function outside the Asthmatx Field; (ii) the right of Broncus to itself exercise, practice and use any and all Broncus Future IP within the Asthmatx Field; and (iii) the right of Broncus to license any third party to any right or rights with respect to any Broncus Existing IP or Broncus Future IP that are (A) not expressly granted to Asthmatx on an exclusive basis under this Agreement or (B) not within the Asthmatx Field.

Appears in 5 contracts

Samples: Cross License Agreement (Asthmatx Inc), Cross License Agreement (Asthmatx Inc), Cross License Agreement (Broncus Technologies Inc/Ca)

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Ownership; Reservation of Rights. Asthmatx Broncus acknowledges and agrees that: (i) Broncus Asthmatx shall retain its ownership of all Broncus Asthmatx Existing IP and all Broncus Asthmatx Future IP, and all other assets of BroncusAsthmatx, subject only to the rights and licenses expressly granted by Asthmatx to Broncus to Asthmatx in this Section 2.12.2; (ii) except for the license rights expressly granted under this Section 2.12.2, no right, title, or interest is granted by Asthmatx to Broncus to Asthmatx in, to or under any of the Broncus Asthmatx Existing IP or any of the Broncus Asthmatx Future IP; and (iii) Asthmatx Broncus is not acquiring ownership of any asset or property of Broncus Asthmatx under this Agreement nor any right, title or interest (including but not limited to any license or similar right) to any asset or property of Broncus Asthmatx other than the license rights in and to the Broncus Asthmatx Existing IP and Broncus Asthmatx Future IP ***** Certain portions of this exhibit have been omitted and confidential treatment has been requested for these omitted portions pursuant to an application for confidential treatment sent to the Securities and Exchange Commission. expressly granted in this Section 2.12.2. In addition, Asthmatx Broncus acknowledges and agrees that Broncus Asthmatx retains, and nothing herein shall prevent Broncus Asthmatx from itself exercising or practicing, any and all rights with respect to Broncus Asthmatx Existing IP or Broncus Asthmatx Future IP that Broncus Asthmatx has not expressly granted to Asthmatx Broncus hereunder including, but not limited to: (i) the right to exercise, use and practice any and all Broncus Asthmatx Existing IP and/or Broncus Asthmatx Future IP for any purpose, application, use or function outside the Asthmatx Broncus Field; (ii) the right of Broncus Asthmatx to itself exercise, practice and use any and all Broncus Asthmatx Future IP within the Asthmatx Broncus Field; and (iii) the right of Broncus Asthmatx to license any third party to any right or rights with respect to any Broncus Asthmatx Existing IP or Broncus Asthmatx Future IP that are (A) not expressly granted to Asthmatx Broncus on an exclusive basis under this Agreement or (B) not within the Asthmatx Broncus Field.

Appears in 3 contracts

Samples: Cross License Agreement (Asthmatx Inc), Cross License Agreement (Asthmatx Inc), Cross License Agreement (Asthmatx Inc)

Ownership; Reservation of Rights. Asthmatx Broncus acknowledges and agrees that: (i) Broncus Asthmatx shall retain its ownership of all Broncus Asthmatx Existing IP and all Broncus Asthmatx Future IP, and all other assets of BroncusAsthmatx, subject only to the rights and licenses expressly granted by Asthmatx to Broncus to Asthmatx in this Section 2.12.2; (ii) except for the license rights expressly granted under this Section 2.12.2, no right, title, or interest is granted by Asthmatx to Broncus to Asthmatx in, to or under any of the Broncus Asthmatx Existing IP or any of the Broncus Asthmatx Future IP; and (iii) Asthmatx Broncus is not acquiring ownership of any asset or property of Broncus Asthmatx under this Agreement nor any right, title or **** Certain portions of this exhibit have been omitted and confidential treatment has been requested for these omitted portions pursuant to an application for confidential treatment sent to the Securities and Exchange Commission. interest (including but not limited to any license or similar right) to any asset or property of Broncus Asthmatx other than the license rights in and to the Broncus Asthmatx Existing IP and Broncus Asthmatx Future IP expressly granted in this Section 2.12.2. In addition, Asthmatx Broncus acknowledges and agrees that Broncus Asthmatx retains, and nothing herein shall prevent Broncus Asthmatx from itself exercising or practicing, any and all rights with respect to Broncus Asthmatx Existing IP or Broncus Asthmatx Future IP that Broncus Asthmatx has not expressly granted to Asthmatx Broncus hereunder including, but not limited to: (i) the right to exercise, use and practice any and all Broncus Asthmatx Existing IP and/or Broncus Asthmatx Future IP for any purpose, application, use or function outside the Asthmatx Broncus Field; (ii) the right of Broncus Asthmatx to itself exercise, practice and use any and all Broncus Asthmatx Future IP within the Asthmatx Broncus Field; and (iii) the right of Broncus Asthmatx to license any third party to any right or rights with respect to any Broncus Asthmatx Existing IP or Broncus Asthmatx Future IP that are (A) not expressly granted to Asthmatx Broncus on an exclusive basis under this Agreement or (B) not within the Asthmatx Broncus Field.

Appears in 1 contract

Samples: Cross License Agreement (Broncus Technologies Inc/Ca)

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Ownership; Reservation of Rights. Asthmatx Broncus acknowledges and agrees that: (i) Broncus Asthmatx shall retain its ownership of all Broncus Asthmatx Existing IP and all Broncus Asthmatx Future IP, and all other assets of BroncusAsthmatx, subject only to the rights and licenses expressly granted by Asthmatx to Broncus to Asthmatx in this Section 2.12.2; (ii) except for the license rights expressly granted under this Section 2.12.2, no right, title, or interest is granted by Asthmatx to Broncus to Asthmatx in, to or under any of the Broncus Asthmatx Existing IP or any of the Broncus Asthmatx Future IP; and (iii) Asthmatx Broncus is not acquiring ownership of any asset or property of Broncus Asthmatx under this Agreement nor any right, title or interest (including but not limited to any license or similar right) to any asset or property of Broncus Asthmatx other than the license rights in and to the Broncus Asthmatx Existing IP and Broncus Asthmatx Future IP **** Confidential portions of this exhibit have been omitted and confidential treatment has been requested for these omitted portions pursuant to an application for confidential treatment sent to the Securities and Exchange Commission. expressly granted in this Section 2.12.2. In addition, Asthmatx Broncus acknowledges and agrees that Broncus Asthmatx retains, and nothing herein shall prevent Broncus Asthmatx from itself exercising or practicing, any and all rights with respect to Broncus Asthmatx Existing IP or Broncus Asthmatx Future IP that Broncus Asthmatx has not expressly granted to Asthmatx Broncus hereunder including, but not limited to: (i) the right to exercise, use and practice any and all Broncus Asthmatx Existing IP and/or Broncus Asthmatx Future IP for any purpose, application, use or function outside the Asthmatx Broncus Field; (ii) the right of Broncus Asthmatx to itself exercise, practice and use any and all Broncus Asthmatx Future IP within the Asthmatx Broncus Field; and (iii) the right of Broncus Asthmatx to license any third party to any right or rights with respect to any Broncus Asthmatx Existing IP or Broncus Asthmatx Future IP that are (A) not expressly granted to Asthmatx Broncus on an exclusive basis under this Agreement or (B) not within the Asthmatx Broncus Field.

Appears in 1 contract

Samples: Cross License Agreement (Broncus Technologies Inc/Ca)

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