PRODUCT LABELING, PRODUCT LITERATURE Sample Clauses

PRODUCT LABELING, PRODUCT LITERATURE. The package label for Product manufactured by Alfacell and sold to Distributor pursuant to this Agreement shall, to the extent permitted by Applicable Law, reflect Alfacell’s trademark and patent rights or variations thereof acceptable to Alfacell. All other printed material related thereto shall be agreeable to both Parties and acceptable under Applicable Law. Distributor shall promote and sell Product throughout the Territory under Alfacell’s Product trade name ONCONASE®, or such other trade name determined by Alfacell, which is and shall be owned and controlled by Alfacell, or such other Product trade name as Alfacell shall designate. Alfacell shall also determine the trademark to accompany the trade name it selects for the Product. The size of the trademarks for the Product and all Product labeling shall be in a form acceptable to Alfacell and in compliance with all Applicable Law, provided that, all packaging design, labels, trade names, trademarks and copyrights used for the Product shall be owned by Alfacell. Distributor shall not alter or remove any trademarks, labels or packaging applied to Product. Except only as permitted in connection with its promotion and sale of Product as permitted in this Agreement, nothing contained in this Agreement shall grant to Distributor any right, title or interest in Alfacell’s trademarks, trade names, copyrights or other intellectual property rights. At no time during or after the term of this Agreement shall Distributor or its Affiliates challenge or assist others to challenge Alfacell’s trademarks, trade names, copyrights or the registration thereof, or use or register, or attempt to use or register, any trademarks or trade names confusingly similar to those of Alfacell. In connection with its marketing efforts hereunder, all representations of Alfacell’s trademarks that Distributor intends to use shall first be submitted to Alfacell for approval of size, design, color, and other details, which shall not be unreasonably withheld, or shall be exact copies of those used by Alfacell. If any of Alfacell’s trademarks are to be used in conjunction with another trademark on or in relation to Product, then Alfacell’s mxxx shall be presented of equal or greater size than the other with equal or greater prominence than the other, but nevertheless separated from the other so that each appears to be a mxxx in its own right, distinct from the other mxxx. 5. PAYMENT FROM DISTRIBUTOR (a) Up-front Fee. In partial consideration...
Sample 1
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PRODUCT LABELING, PRODUCT LITERATURE. Final Product image, brand use, positioning and packaging manufactured by Rohto will be subject to OMP’s prior written approval on an annual basis, which approval shall not be unreasonably withheld. To the extent that Rohto materially alters any Product packaging, and/or reintroduces new or upgraded Products that are based on the Products approved by OMP hereunder, all such changes also will be subject to OMP’s prior written approval, which approval also shall not be unreasonably withheld. The package label for Products sold by Rohto pursuant to this Agreement shall, to the extent permitted by Applicable Law, reflect OMP’s Product Patents or variations thereof acceptable to OMP. All printed material related thereto shall be agreeable to both Parties and acceptable under Applicable Law.
Sample 1
PRODUCT LABELING, PRODUCT LITERATURE. 8.1 The Products shall be labeled as mutually agreed between the Parties upon completion of the activities described in the Development Agreement, and advertised under Stryker’s name, provided that the statement “Manufactured by Conformis”, or variations thereof acceptable to Stryker shall appear on any printed material related thereto if and to the extent required by Applicable Laws. Supplier shall provide Stryker reasonable inputs to formulate instructions for use (“IFU”) to be included with its applicable Triathlon product, to the extent such IFU addresses the applicable Product. With respect to the Products, Supplier shall be responsible for submitting to the FDA’s Global Unique Device Identifier Database (GUDID), maintaining submissions and ensuring that the device and package label bears the UDI through application of Global GS1 standards. Otherwise with respect to Stryker’s Triathlon product, Stryker shall be responsible for submitting to the FDA’s Global Unique Device Identifier Database (GUDID), maintaining submissions and ensuring that the device and package label bears the UDI through application of Global GS1 standards, subject to Supplier’s provision of reasonable information and assistance with respect to the Products.
Sample 1

Related to PRODUCT LABELING, PRODUCT LITERATURE

  • Product Labeling The labeling of all Licensed Products sold or offered for sale under this Agreement shall expressly state that the Licensed Product is manufactured under a license from the Medicines Patent Pool.

  • Product ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User(s) shall have thirty (30) days from the date of delivery to accept hardware products and sixty (60) days from the date of delivery to accept all other Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty (30) day increment. Authorized User shall notify Contractor of acceptance upon successful completion of the documented installation test. Such cancellation shall not give rise to any cause of action against the Authorized User for damages, loss of profits, expenses, or other remuneration of any kind. If the Authorized User elects to provide a deficiency statement specifying how the Product fails to meet the specifications within the testing period, Contractor shall have thirty (30) days to correct the deficiency, and the Authorized User shall have an additional sixty (60) days to evaluate the Product as provided herein. If the Product does not meet the specifications at the end of the extended testing period, Authorized User, upon prior written notice to Contractor, may then reject the Product and return all defective Product to Contractor, and Contractor shall refund any monies paid by the Authorized User to Contractor therefor. Costs and liabilities associated with a failure of the Product to perform in accordance with the functionality tests or product specifications during the acceptance period shall be borne fully by Contractor to the extent that said costs or liabilities shall not have been caused by negligent or willful acts or omissions of the Authorized User’s agents or employees. Said costs shall be limited to the amounts set forth in the Limitation of Liability Clause for any liability for costs incurred at the direction or recommendation of Contractor.

  • Marketing Materials (a) During the term of this Agreement, the Sub-Adviser agrees to furnish the Manager at its principal office for prior review and approval by the Manager all written and/or printed materials, including but not limited to, PowerPointÒ or slide presentations, news releases, advertisements, brochures, fact sheets and other promotional, informational or marketing materials (the “Marketing Materials”) for internal use or public dissemination, that are produced or are for use or reference by the Sub-Adviser, its affiliates or other designees, broker-dealers or the public in connection with the Series, and Sub-Adviser shall not use any such materials if the Manager reasonably objects in writing within five business days (or such other period as may be mutually agreed) after receipt thereof. Marketing Materials may be furnished to the Manager by first class or overnight mail, facsimile transmission equipment, electronic delivery or hand delivery. (b) During the term of this Agreement, the Manager agrees to furnish the Sub-Adviser at its principal office all prospectuses, proxy statements, reports to shareholders, or Marketing Materials prepared for distribution to shareholders of each Series, or the public that refer to the Sub-Adviser in any way, prior to the use thereof, and the Manager shall not use any such materials if the Sub-Adviser reasonably objects in writing within five business days (or such other period as may be mutually agreed) after receipt thereof. The Sub-Adviser’s right to object to such materials is limited to the portions of such materials that expressly relate to the Sub-Adviser, its services and its clients. The Manager agrees to use its reasonable best efforts to ensure that materials prepared by its employees or agents or its affiliates that refer to the Sub-Adviser or its clients in any way are consistent with those materials previously approved by the Sub-Adviser as referenced in the first sentence of this paragraph. Marketing Materials may be furnished to the Sub-Adviser by first class or overnight mail, facsimile transmission equipment, electronic delivery or hand delivery.

  • Promotional Materials In the event that the Fund or the Adviser makes available any promotional materials related to the Securities or the transactions contemplated hereby intended for use only by registered broker-dealers and registered representatives thereof by means of an Internet web site or similar electronic means, the Adviser will install and maintain, or will cause to be installed and maintained, pre-qualification and password-protection or similar procedures which are reasonably designed to effectively prohibit access to such promotional materials by persons other than registered broker-dealers and registered representatives thereof.

  • Labeling Upon request, Lessee will xxxx the Equipment indicating Lessor's interest with labels provided by Lessor. Lessee will keep all Equipment free from any other marking or labeling which might be interpreted as a claim of ownership.

  • Promotional Material In the event that the Fund or the Investment Adviser makes available any promotional materials related to the Securities or the transactions contemplated hereby intended for use only by registered broker-dealers and registered representatives thereof by means of an Internet web site or similar electronic means, the Investment Adviser will install and maintain or will cause to be installed and maintained, pre-qualification and password-protection or similar procedures which are reasonably designed to effectively prohibit access to such promotional materials by persons other than registered broker-dealers and registered representatives thereof.

  • API If the Software offers integration capabilities via an API, your use of the API may be subject to additional costs or Sage specific policies and terms and conditions (which shall prevail in relation to your use of the API). You may not access or use the API in any way that could cause damage to us or the Software, or in contravention of any applicable laws. We reserve the right in our sole discretion, to: (i) update any API from time to time; (ii) place limitations around your use of any API; and (iii) deny you access to any API in the event of misuse by you or to otherwise protect our legitimate interests.

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • Product Data Illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by Developer to illustrate a material, product, or system for some portion of the Work.

  • Product Trademarks BMS shall be solely responsible for the selection (including the creation, searching and clearing), registration, maintenance, policing and enforcement of all trademarks developed for use in connection with the marketing, sale or distribution of Products in the Field in the Territory (the “Product Marks”). BMS shall own all Product Marks, and all trademark registrations for said marks.

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