Royalty on Ported Products Distributed Without a PalmSource Product Sample Clauses

Royalty on Ported Products Distributed Without a PalmSource Product. In addition to PALMSOURCE’s obligations with respect to ROYALTIES and GUARANTEES as set forth above, PALMSOURCE shall pay ASA a royalty for each copy of the PORTED PRODUCT which is distributed by PALMSOURCE, its CUSTOMERS, or its or their sublicensees, directly or indirectly through third parties, novas part of a BUNDLED PRODUCT (e.g., distribution via the Internet on a stand-alone basis as permitted under Section 2.2.2), which royalty shall be equal to [**] of the total gross revenue derived, directly or indirectly, from the license of each copy of such PORTED PRODUCT to any END USER (the “UNBUNDLED ROYALTIES”). ASA shall have no obligation to refund to PALMSOURCE any UNBUNDLED ROYALTIES at any time for any reason except as expressly, set forth in this AGREEMENT, or to credit to PALMSOURCE any amount of any UNBUNDLED ROYALTIES against any ROYALTIES payable in any period.
Sample 1
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Royalty on Ported Products Distributed Without a PalmSource Product. In addition to PALMSOURCE’s obligations with respect to ROYALTIES and GUARANTEES as set forth above, PALMSOURCE shall pay ASA a royalty for each copy of the PORTED PRODUCT which is distributed by PALMSOURCE, its CUSTOMERS, or its or their sublicensees, directly or indirectly through third parties, novas part of a BUNDLED PRODUCT (e.g., distribution via the Internet on a stand-alone basis as permitted under Section 2.2.2), which royalty shall be equal to [**].
Sample 1

Related to Royalty on Ported Products Distributed Without a PalmSource Product

  • Combination Products If a LICENSED PRODUCT is sold to any third party in combination with other products, devices, components or materials that are capable of being sold separately and are not subject to royalties hereunder (“OTHER PRODUCTS,” with the combination of products being referred to as “COMBINATION PRODUCTS” and the Other Product and Licensed Product in such Combination Product being referred to as the “COMPONENTS”), the NET SALES of such LICENSED PRODUCT included in such COMBINATION PRODUCT shall be calculated by multiplying the NET SALES of the COMBINATION PRODUCT by the fraction A/(A+B), where A is the average NET SALES price of such LICENSED PRODUCT in the relevant country, as sold separately, and B is the total average NET SALES price of all OTHER PRODUCTS in the COMBINATION PRODUCT in the relevant country, as sold separately. If, in any country, any COMPONENT is not sold separately, NET SALES for royalty determination shall be determined by the formula [C / (C+D)], where C is the aggregate average fully absorbed cost of the Licensed Product components during the prior Royalty Period and D is the aggregate average fully absorbed cost of the other essential functional components during the prior Royalty Period, with such costs being determined in accordance with generally accepted accounting principles. To the extent that any SUBLICENSE INCOME relates to a COMBINATION PRODUCT or is otherwise calculated based on the value of one or more licenses or intellectual property rights held by the COMPANY, an AFFILIATE or SUBLICENSEE, COMPANY shall determine in good faith and report to THE PARTIES the share of such payments reasonably attributable to COMPANY’s or such AFFILIATE’s sublicense of the rights granted hereunder, based upon their relative importance and proprietary protection, which portion shall be the SUBLICENSE INCOME. THE PARTIES shall have the right to dispute such sharing determination in accordance with the dispute provisions of the AGREEMENT.

  • 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.

  • Combination Product The term “

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Competing Products The provisions of Section 21 are set forth on attached Exhibit H and are incorporated in this Section 21 by this reference.

  • Marketing Rights Neither the Company nor any of its Subsidiaries have granted rights to license, market, or sell its products or services to any other Person and is not bound by any agreement that affects the Company’s (or any Subsidiary’s) exclusive right to develop, distribute, market or sell its products or services.

  • Net Sales The term “

  • Licensed Product “Licensed Product” shall mean any article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights. For clarity, a “Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights.

  • Manufacturing Rights Manufacturing Rights will be governed by Attachment 6.

  • Other Products After clinical or other evidence, provided in writing [***] to Company, demonstrating the practicality of a particular market or use within the LICENSED FIELD which is not being developed or commercialized by Company, Company shall either provide JHU with a reasonable development plan and start development or attempt to reasonably sublicense the particular market or use to a third party. If within six (6) months of such notification [***] Company has not initiated such development efforts or sublicensed that particular market or use, JHU may terminate this license for such particular market or use. This Paragraph shall not be applicable if Company reasonably demonstrates to JHU that commercializing such LICENSED PRODUCT(S) or LICENSED SERVICE(S) or granting such a sublicense in said market or use would have a potentially adverse commercial effect upon marketing or sales of the LICENSED PRODUCT(S) developed and being sold by Company.

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