Common use of Past Use Clause in Contracts

Past Use. Except as set forth in subsections (a)-(b) of this Section 5.3, the provisions of Section 5 (Royalties, Reports and Payments) shall apply to each copy of Licensed Product that was provided directly or indirectly by Licensee or its Affiliate(s) and that (a) has been Sold by Licensee or its Affiliate prior to the Effective Date or (b) Licensee or its Affiliate is aware prior to the Effective Date of being Sold by an Authorized Recipient, a Retailer or any other third party has Sold (regardless of whether or not Authorized Recipient has actually reported the data from its own sales and the sales of its Retailer to Licensee or its Affiliate), (hereafter, "Previously-Sold Products") to the same extent such provisions apply to Licensed Product.

Past Use. Except as set forth in subsections (a)-(ba)-(c) of this Section 5.3, the provisions of Section 5 (Royalties, Reports and Payments) shall apply to each copy of Licensed Product that was provided directly or indirectly by Licensee or its Affiliate(s) and that (a) has been Sold by Licensee or its Affiliate prior to the Effective Date or (b) Licensee or its Affiliate is aware prior to the Effective Date of being Sold by an Authorized Recipient, a Retailer or any other third party has Sold (regardless of whether or not Authorized Recipient has actually reported the data from its own sales and the sales of its Retailer to Licensee or its Affiliate), (hereafter, "Previously-Sold Products") to the same extent such provisions apply to Licensed Product.