SIMILAR PRODUCTS. Seller understands that Buyer designs, develops and acquires hardware and software for use with its own computer system products, and that existing or planned hardware and software independently developed or acquired by Buyer may contain ideas and concepts similar or identical to those contained in the Seller's product. Seller agrees that entering this Agreement shall not preclude Buyer in any way, from using such ideas and concepts to develop or acquire similar hardware and software for any purpose, without obligation to the Seller, provided Buyer does not copy for such use, in whole or in part, the Seller's product.
SIMILAR PRODUCTS. Licensee shall not, either directly or through a third party, use the Products, or the Source Code, or a derivative thereof, or any confidential or proprietary information to Informix, to create any computer software programs or user documentation which is functionally, visually or otherwise identical or substantially similar to any Informix Product or product, whether or not listed in Exhibit A of this Agreement.
SIMILAR PRODUCTS. 11.1 Nothing in this Agreement shall limit Simplex's right to (i) use information which is generally available to third parties without violation of any proprietary or intellectual property rights of CA&SI and without any breach of this Agreement; or (ii) develop, acquire, or market other software or products having functionality similar to that of SOLVER, provided Simplex can show that such software has been developed independently without use or aid, directly or indirectly, of the SOLVER Source Code, Documentation, algorithms and data structures in the Source Code, or any other confidential or proprietary information of CA&SI obtained by Simplex.
SIMILAR PRODUCTS. Supplier acknowledges that Buyer (both itself and through its engagement of third parties) designs, develops and acquires hardware and software products both as stand-alone soft-xxxx and hardware products and for use with its own products and that existing or planned hardware and software independently developed or acquired by Buyer (or its third party contractors) may contain ideas, designs, features, specifications, uses and concepts similar to those contained in the Products. Supplier agrees that entering this Agreement shall not preclude Buyer in any way from using such ideas, designs, features, specifications, uses and concepts to develop or acquire similar hardware and software for any purpose without obligation to the Supplier, provided Buyer does not intentionally or knowingly infringe the OSS IP Rights, subject to the provisions of Sections A.6 and A.7
SIMILAR PRODUCTS. Recall(s) of an Insured Product(s) exclusively due to the recall of a third-party product which is similar to an Insured Product(s).
SIMILAR PRODUCTS. Whenever product(s) is(are) referred by PCA in this solicitation by describing a proprietary product or by using the name of a manufacturer or brand name, the term “or equal” if not inserted shall be implied, as applicable. The specified product(s) shall be understood as indicating type, function, minimum standard of design, efficiency and quality desired and shall not be construed as to exclude other manufactured products or comparable quality, design and efficiency, as applicable. Contract awards will be made to the successful respondent(s) for the total line of services submitted based on the criteria set forth within this document. Region 3 ESC reserves the right to award multiple contracts. Because PCA is a national cooperative, it may be in PCA Members best interests to offer multiple contract awards. Region 3 ESC reserves the right to award multiple contracts for the following reasons:
SIMILAR PRODUCTS. There are other types of products on the market that provide similar coverage to the Product that you may purchase on your own.
SIMILAR PRODUCTS. 12.1 It is understood that, as a result of the development efforts hereunder, the parties and their respective personnel may become familiar with each other's products, technologies and techniques. It is also understood that each party has active, ongoing research, development and engineering activities which may overlap the other's products, technologies and techniques including, without limitation, those related to the development efforts hereunder. It is also understood that each of the parties may be working with the other's competitors and may be marketing products and services which are competitive to those offered or which may be offered in the future by the other. Neither party shall have any obligation to limit or restrict the assignment of their employees as a result of such employees having access to the Licensed Technology of the other party hereunder.
12.2 This Agreement is not intended, nor shall it be construed, as prohibiting or restricting such activities as are set forth in the preceding paragraph provided that such activities are conducted independently of the development efforts hereunder and in a manner which does not otherwise violate the confidentiality and intellectual property provisions of this Agreement. Except as expressly set forth within a license grant of this Agreement, the other party is not intended, by implication or otherwise, to receive any rights hereunder, in or to any products, technologies or techniques developed by a party independent of the development efforts hereunder and without breach of the confidentiality and intellectual property provisions of this Agreement.
12.3 The parties acknowledge and agree that individuals exposed to the other's Licensed Technology hereunder may unintentionally retain portions of such Licensed Technology in their minds as a residual of such exposure and that such retained information may be inadvertently used by such individuals. If a party hereunder has exercised all reasonable precautions to prevent any violation of this Agreement and is not otherwise in violation of this Agreement, then such inadvertent use of the residual information by such party shall not be deemed to be a violation hereunder, providing there is no intent to violate this Agreement and such party does not have any reasonable awareness that such actions are or would otherwise be a violation of this Agreement.
SIMILAR PRODUCTS. The parties agree that the quality of the Products, the Trademark Image, and the reputation of Licensor shall be best maintained if Licensee does not sell goods identical or substantially similar in design to the Products for any other party. Licensee shall not, therefore, source, manufacture, distribute, market, advertise, promote, or sell any goods identical or substantially similar in design to the Products for itself (except for the purposes of this Agreement) or for any other party. This obligation shall not, however, be construed to prevent Licensee from selling goods which are not substantially similar in design to the Products.
SIMILAR PRODUCTS. Whenever AISD refers to a product by describing a proprietary product or by using the name of a manufacturer or brand name, the term “or equal” if not inserted shall be implied, as applicable. The specified product shall be understood as indicating type, function, minimum standard of design, efficiency and quality desired and shall not be construed as to exclude other manufactured products or comparable quality, design and efficiency, as applicable.
