Common use of Sales to Licensed Customers Clause in Contracts

Sales to Licensed Customers. Notwithstanding anything to the contrary in this Amendment or the License Agreement, the license granted by QUALCOMM to LICENSEE to sell, lease or otherwise dispose of Subscriber Units shall be limited to the Sale of such Subscriber Units solely to Unlicensed Customers; provided that nothing herein shall be construed to prohibit LICENSEE from making for or Selling Subscriber Units to a Licensed Customer solely in accordance with the “have made” rights of such Licensed Customer as set forth in such Licensed Customer’s LC License Agreement and no royalty shall be payable by LICENSEE under the License Agreement for such Sales to a Licensed Customer. Notwithstanding anything in the foregoing, nothing herein is (a) intended to modify or amend the terms and conditions of any LC License Agreement, including but not limited to the scope of such Licensed Customer’s “have made” rights or the royalties payable thereunder or (b) imply that such Licensed Customer may deduct the price or cost of any CDMA Modem Cards acquired by such Licensed Customer from the price upon which such Licensed Customer is obligated to compute and pay royalties to QUALCOMM under its LC License Agreement. LICENSEE hereby represents and warrants that LICENSEE will not engage in any transaction(s) that facilitate the Sale, whether directly or indirectly, of any Subscriber Units to a Licensed Customer, except as expressly provided for in this Section 5.1.2.

Sales to Licensed Customers. Notwithstanding anything Although LICENSEE is not licensed by QUALCOMM hereunder to the contrary Sell CDMA Modem Cards to Licensed Customers, nothing in this Amendment or the License Agreement, the license granted by QUALCOMM to LICENSEE to sell, lease or otherwise dispose of Subscriber Units shall be limited to the Sale of such Subscriber Units solely to Unlicensed Customers; provided that nothing herein Agreement shall be construed to prohibit LICENSEE from making for or Selling Subscriber Units CDMA Modem Cards to a Licensed Customer solely in accordance with the “"have made” " rights of such Licensed Customer as set forth in such Licensed Customer’s 's LC License Agreement and no royalty shall be payable by LICENSEE under the License Agreement hereunder for such Sales to a Licensed CustomerSales. Notwithstanding anything in the foregoing, nothing herein is intended to (a) intended to modify or amend the terms and conditions of any LC License Agreement, including but not limited to the scope of such Licensed Customer’s “'s "have made” " rights or the royalties payable thereunder or (b) imply that such Licensed Customer may deduct the price or cost of any CDMA Modem Cards Card acquired by such Licensed Customer from the price upon which such Licensed Customer is obligated to compute and pay royalties to QUALCOMM under its LC License AgreementAgreement for a Subscriber Unit that incorporates such CDMA Modem Card. LICENSEE hereby represents and warrants that LICENSEE will not engage in any transaction(s) that facilitate the Sale, whether directly or indirectly, of any Subscriber Units CDMA Modem Cards to a Licensed Customer, except as expressly provided for in this Section 5.1.25.1.1.