Product Improvements. Leica, at its sole discretion, may issue, routinely without schedule or commitment, Software Updates, Software Upgrades and Hardware Upgrades. Certain Software Upgrades and Hardware Upgrades may require Customer to purchase additional equipment or hardware.
Product Improvements. The Licensor specifically reserves the right to make Upgrades (corrections or alterations for improvement or enhancement) to the MicroCosm® GNSS Prep Software. In the event the Licensor makes any Upgrades, the Licensee will have the right to obtain such Upgrades at the Licensor's standard prices then in effect for such Upgrades; provided, however, that if the Licensee wishes to purchase a particular Upgrade, the Licensee must purchase all Upgrades previously issued by the Licensor but not installed on the Licensee's copy of the MicroCosm® GNSS Prep Software; provided, further, that all such Upgrades which become available in a period for which the Licensee has purchased the Licensor's Annual Upgrade Maintenance Program (the "Maintenance Program") shall be provided to the Licensee at no additional charge; and, provided, further, that in the event the Licensee does not purchase the Maintenance Program for any period of time but then wishes to purchase the Maintenance Program, in addition to paying the fee for the Maintenance Program the Licensee must purchase all Upgrades issued prior to that time but not installed on the Licensee's copy of the MicroCosm® GNSS Prep Software. A prototype Certificate of Upgrade Maintenance is included as Attachment 2. Nothing contained in this License Agreement shall require the Licensor to make any Upgrades under any circumstances.
Product Improvements. Intercardia/CPEC grants Xxxxx, the exclusive right in the Territory to bucindolol product improvements (e.g., sustained release formulation, improved or new indications, formulations and strengths), contingent upon Xxxxx reimbursing Intercardia/CPEC for 60% of costs relating to clinical trials and other tests conducted primarily for benefit of the Territory and 1/3 of all other development costs which have a worldwide benefit, including any previous product improvement development costs incurred by Intercardia/CPEC. For example, with respect to costs relating to clinical trials and other tests conducted and incurred primarily for the benefit of the Territory, Xxxxx would reimburse Intercardia/CPEC for 60% of such costs incurred by Intercardia/CPEC, and Intercardia/CPEC would reimburse Xxxxx for 40% of costs incurred by Xxxxx. Where the benefits of the trials and costs are worldwide, Xxxxx would pay 1/3 of such trials and costs incurred by Intercardia/CPEC and Intercardia/CPEC would reimburse Xxxxx for 2/3 of costs incurred by Xxxxx. However, Xxxxx would not reimburse Intercardia/CPEC for any costs where the trials and costs were conducted and incurred exclusively for the benefit of the United States. The overall development of product improvements will be conducted and controlled by Intercardia/CPEC. Xxxxx will reimburse CPEC for one third of previous sustained release development costs (which presently total $418,000.00) upon signing this Agreement, and Xxxxx will pay its share of future costs on a quarterly basis. In case Xxxxx has no interest in an improvement, Intercardia/CPEC shall have no right to market such improved product in the Territory during the term of this Agreement unless hereinafter provided otherwise. [ [ ] CONFIDENTIAL TREATMENT REQUESTED; CERTAIN INFORMATION OMITTED AND FILED SEPARATELY WITH THE SEC. ] Intercardia/CPEC and Xxxxx shall mutually agree to any other line extensions to be included under the License Agreement, if any.
Product Improvements. 3.6 FCA US acknowledges that the Customer Service Notifications it has implemented to remedy the Oil Consumption Defect, including specifically CSN W20, CSN W80, and CSN W84, represent part of the consideration to the Class in exchange for the Settlement in this Action.
Product Improvements. KIOTI reserves the right to make changes to its products at any time without notice and without incurring obligations with respect to making the same changes to products manufactured prior to this date of change.
Product Improvements. If, while the Sublicense remains in effect, Sublicensee should develop any Product Improvement, Sublicensee shall notify ECC of such Product Improvement within a reasonable time of, and in no event more than ninety (90) days after, its development and shall provide ECC with access to all information concerning such Product Improvement as ECC shall reasonably request; provided, however, that all such information shall be confidential and shall be subject to all restrictions on disclosure as set forth in this Agreement. Sublicensee shall assign to ECC all rights, title and interest in the Product Improvement for an assignment fee of $1,000.00, and ECC shall grant back to Sublicensee the non-exclusive right to utilize the Product Improvement within the Field of Use and within the Territory as if such Product Improvement were originally within the scope of the Sublicense. There shall be no royalty charged to Sublicensee for the right to utilize the Product Improvement. For a period of (i) one year from the date of commercialization of such Product Improvement, or (ii) two years from the date of the development of such Product Improvement, whichever is shorter, ECC shall not grant any right to utilize the Product Improvement within the Field of Use to any third party within the Territory. The failure of Sublicensee to disclose any such Product Improvement to ECC within the time period set forth above shall constitute a material breach of this Agreement.
Product Improvements. 5.1 From time to time during the Term, either Party may submit to the other written proposals for the development, adoption and implementation of any Improvement of the Product. The Parties shall exercise commercially reasonable efforts to review such proposed change with each other without undue delay and, if and when Parties agree in writing on the proposed Improvement and the plan for its implementation, the change shall become effective, subject to any additional regulatory or other approval necessitated by such change, in which case it shall only become part of the Product Specification when such approvals for implementation of such Improvements have been obtained and notified to XXXXXXX by EMEA and any other relevant Regulatory Authorities. If the Parties agree on the implementation of any such Improvement to the Product, they shall modify the Schedule B to reflect the same.
Product Improvements. If Customer provides any feedback or requests any change or enhancement to ESAB Products, whether in the course of receiving support or consulting services, evaluating ESAB Products, performing beta testing or otherwise, any inventions, product improvements, modifications or developments made by ESAB (at ESAB’s sole discretion) will be the exclusive property of ESAB.
Product Improvements. Except to the extent prohibited by applicable law, Buyer hereby grants to Affymetrix a non-exclusive, worldwide, fully paid-up, royalty-free license to all Product Improvements provided that if the Product Improvements are incorporating Buyer’s proprietary technology or intellectual property, Buyer shall not be required to grant Affymetrix a license to such proprietary technology or intellectual property. Buyer need not disclose any Product Improvements to Affymetrix except as may be reasonably required to comply with the foregoing license. For purposes of this Section, a “Product Improvement” shall mean any invention conceived or reduced to practice using a Product that relates to(a) design, manufacturing, layout or packaging of nucleic acid probes or probe arrays; (b) manual or automated assay techniques that may be used in connection with probe arrays or similar products (including techniques related to nucleic acid extraction, amplification, labeling, dilution and other processes); or (c) software analysis techniques relating to the extraction or storage of data generated using probe arrays. “Product Improvements” shall not include data generated using Products or discoveries derived therefrom (except as expressly set forth in (a) - (c) above).
Product Improvements. Product improvements, including but not limited to formulations improvements, identified, initiated or made by SM (“SM Improvements”) shall be the property of SM. SM Improvements may not be used by EDT or any of its Affiliates without the prior written consent of SM, except with Products sold to SM hereunder. SM Improvements will be incorporated in the Product, covered under this Agreement only by mutual and written agreement by both EDT and SM.
