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. 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. 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. 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.7 and A.8.
SIMILAR PRODUCTS. 11 2.5 Reverse Engineering ........................................11
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.
SIMILAR PRODUCTS. 26 (a) Continuing Prohibition.................................. 26 (b)
SIMILAR PRODUCTS. 26 Section 24. Governing Law; Dispute Resolution............................ 27 (a) Governing Law........................................... 27 (b) Dispute Resolution...................................... 27 Section 25. Notices...................................................... 28 Section 26. Successors and Assigns; Survival............................. 29 Section 27. Headings..................................................... 29 Section 28. Severability................................................. 29
SIMILAR PRODUCTS. During the Term, MOLL shall not (i) manufacture, assemble, produce, ship or in any otxxx way make available for use or distribution, by any party other than AASTROM, any product or system that is functionally the same as the Cell Cassette or Components, or (ii) in any way accept engagement with, or render service to, any individual, firm or corporation, other than AASTROM, as a consultant, instructor, expert, designer, manufacturer or producer, or act in any other capacity, which engagement or rendition of services involves the development or production of any product or system that performs the same function as the Cell Cassette. Furthermore, in the event that this Agreement is terminated by AASTROM "for cause" under Section 17, the foregoing prohibitions shall continue until twelve (12) months after the effective date of such termination. As used herein, a hematopoietic stem cell expansion product or system does not have the same function as a Cell Cassette if it utilizes distinctly different methods and distinctly different disposable components than are used for the Cell Cassette.
SIMILAR PRODUCTS. During the Term, MSP shall not (i) manufacture, ---------------- assemble, produce, ship or in any other way make available for use or distribution, by any party other than AASTROM, any product or system that is functionally the same as the Cell Cassette or Components, or (ii) in any way accept engagement with, or render service to, any individual, firm or corporation, other than AASTROM, as a consultant, instructor, expert, designer, manufacturer or producer, or act in any other capacity, which engagement or rendition of ---------- * CONFIDENTIAL PORTION REDACTED AND FILED SEPARATELY WITH THE COMMISSION services involves the development or production of any product or system that performs the same function as the Cell Cassette. Furthermore, in the event that this Agreement is terminated by AASTROM "for cause" under Section 17, the foregoing prohibitions shall continue until twelve (12) months after the effective date of such termination. As used herein, a hematopoietic stem cell expansion product or system does not have the same function as a Cell Cassette --- if it utilizes distinctly different methods and distinctly different disposable components than are used for the Cell Cassette.
