Common use of Spun-off Licensed Products Clause in Contracts

Spun-off Licensed Products. In the event AOL and/or its Wholly- -------------------------- Owned Affiliates should cease to own any component of the Licensed Products, such component (i) shall, if it is a Core AOL Technology, be deemed a Licensed Product for the Term and shall not be deemed to be a Third Party Product, and (ii) shall, if (x) it is a Peripheral AOL Technology, (y) AOL and/or such Wholly-Owned Affiliate cease to own such Peripheral AOL Technology for a bona fide business purpose (including achieving wider promulgation of technology in the marketplace, attracting qualified developers, or achieving enhanced technical capability, support, maintenance, development or training in respect of such Peripheral AOL Technology), and (z) the treatment of such Peripheral AOL Technology as a Third-Party Product would not cause Licensee, at any time during the Term, to pay greater fees or royalties (taking into account as appropriate the level of usage and other factors that reasonably impact royalties and fees) than AOL or any of its Affiliates or JV Affiliates providing AOL Services, then such Peripheral AOL Technology shall be deemed a Licensed Product for eighteen (18) months (or such longer period as is consistent with subsection (z) above) after such Licensed Product component is no longer owned by AOL and/or its Wholly-Owned Affiliates and shall thereafter be deemed a Third Party Product . Under such circumstances, if AOL and/or any of its Wholly-Owned Affiliates elect(s) to use the technology of a third party in lieu of any component of the Peripheral AOL Technology in providing AOL-US Service, such component shall be deemed a Licensed Product for eighteen (18) months (or such longer period as is consistent with subsection (z) above) after AOL elects to use such technology and shall thereafter be deemed a Third Party Product for the purposes of this Agreement, subject to subsection (z) above.

Spun-off Licensed Products. In the event AOL and/or its Wholly- -------------------------- Owned Affiliates should cease to own any component of the Licensed Products, such component (i) shall, if it is a Core AOL Technology, be deemed a Licensed Product for the Term and shall not be deemed to be a Third Party Product, and (ii) shall, if (x) it is a Peripheral AOL Technology, (y) AOL and/or such Wholly-Owned Affiliate cease to own such Peripheral AOL Technology for a bona fide business purpose (including achieving wider promulgation of technology in the marketplace, attracting qualified developers, or achieving enhanced technical capability, support, maintenance, development or training in respect of such Peripheral AOL Technology), and (z) the treatment of such Peripheral AOL Technology as a Third-Party Product would not cause Licensee, at any time during the Term, to pay greater fees or royalties (taking into account as appropriate the level of usage and other factors that reasonably impact royalties and fees) than AOL or any of its Affiliates or JV Affiliates providing AOL Services, then such Peripheral AOL Technology shall be deemed a Licensed Product for eighteen (18) months (or such longer period as is consistent with subsection (z) above) after such Licensed Product component is no longer owned by AOL and/or its Wholly-Owned Affiliates and shall thereafter be deemed a Third Party Product Product. Under such circumstances, if AOL and/or any of its Wholly-Owned Affiliates elect(s) to use the technology of a third party in lieu of any component of the Peripheral AOL Technology in providing AOL-US Service, such component shall be deemed a Licensed Product for eighteen (18) months (or such longer period as is consistent with subsection (z) above) after AOL elects to use such technology and shall thereafter be deemed a Third Party Product for the purposes of this Agreement, subject to subsection (z) above.

Spun-off Licensed Products. In the event AOL CIS and/or its Wholly- -------------------------- Owned Affiliates should cease to own any component of the Licensed Products, such component (i) shall, if it is a Core AOL CIS Technology, be deemed a Licensed Product for the Term and shall not be deemed to be a Third Party Product, and (ii) shall, if (x) it is a Peripheral AOL CIS Technology, (y) AOL and/or such Wholly-Owned Affiliate cease to own such Peripheral AOL CIS Technology for a bona fide business purpose (including achieving wider promulgation of technology in the marketplace, attracting qualified developers, or achieving enhanced technical capability, support, maintenance, development or training in respect of such Peripheral AOL CIS Technology), and (z) the treatment of such Peripheral AOL CIS Technology as a Third-Party Product would not cause Licensee, at any time during the Term, to pay greater fees or royalties (taking into account as appropriate the level of usage and other factors that reasonably impact royalties and fees) than AOL CIS or any of its Affiliates or JV Affiliates providing AOL CIS Services, then such Peripheral AOL CIS Technology shall be deemed a Licensed Product for eighteen (18) months (or such longer period as is consistent with subsection (z) above) after such Licensed Product component is no longer owned by AOL and/or its Wholly-Owned Affiliates and shall thereafter be deemed a Third Party Product Product. Under such circumstances, if AOL and/or any of its Wholly-Owned Affiliates elect(s) to use the technology of a third party in lieu of any component of the Peripheral AOL CIS Technology in providing AOLCIS-US Service, such component shall be deemed a Licensed Product for eighteen (18) months (or such longer period as is consistent with subsection (z) above) after AOL CIS elects to use such technology and shall thereafter be deemed a Third Party Product for the purposes of this Agreement, subject to subsection (z) above.