Common use of Standard Rate and Exempt Shipments Clause in Contracts

Standard Rate and Exempt Shipments. Licensee shall pay to Licensing Company a royalty at the Standard Rate for each Licensed Product that is (a) Shipped (including but not limited to activations of Trial/Disabled Software as described in Section 6.10) or (b) used by a Licensee Party or an Authorized Manufacturer for any purpose other than research and development, except if the Shipment is Exempt. Licensee may report and pay royalties for any Exempt Shipment in its discretion, for example, in order to cover downstream recipients of Licensed Products residing in a jurisdiction in which Licensed Patents would be infringed in the absence of a license under this License Agreement. The parties agree that in the absence of Licensee reporting and paying royalties for an Exempt Shipment, the using and selling of Licensed Products from said Exempt Shipment by downstream recipients is not authorized in whole or in part by this License Agreement.

Appears in 2 contracts

Samples: License Agreement, License Agreement

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Standard Rate and Exempt Shipments. Licensee shall pay to Licensing Company a royalty at the Standard Rate for each Licensed Product that is (a) Shipped ([including but not limited to activations of Trial/Disabled Software as described in Section 6.10) 5.9(a)] or (b) used by a Licensee, a Licensee Party Affiliate or an Authorized Manufacturer for any purpose other than research and development, except if the Shipment is Exempt. Licensee may report and pay royalties for any Exempt Shipment in its discretion, for example, in order to cover downstream recipients of Licensed Products residing in a jurisdiction in which Licensed Patents would be infringed in the absence of a license under this License Agreement. The parties agree that in the absence of Licensee reporting and paying royalties for an Exempt Shipment, the using and selling of Licensed Products from said Exempt Shipment by downstream recipients is not authorized in whole or in part by this License Agreement.

Appears in 2 contracts

Samples: License Agreement, License Agreement

Standard Rate and Exempt Shipments. Licensee shall pay to Licensing Company a royalty at the Standard Rate for each Licensed Product that is (a) Shipped (including but not limited to activations of Trial/Disabled Software as described in Section 6.106.9) or (b) used by a Licensee Party or an Authorized Manufacturer for any purpose other than research and development, except if the Shipment is Exempt. Licensee may report and pay royalties for any Exempt Shipment in its discretion, for example, in order to cover downstream recipients of Licensed Products residing in a jurisdiction in which Licensed Patents would be infringed in the absence of a license under this License Agreement. The parties agree that in the absence of Licensee reporting and paying royalties for an Exempt Shipment, the using and selling of Licensed Products from said Exempt Shipment by downstream recipients is not authorized in whole or in part by this License Agreement.

Appears in 1 contract

Samples: License Agreement

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Standard Rate and Exempt Shipments. Licensee shall pay to Licensing Company a royalty at the Standard Rate for each Licensed Product that is (a) Shipped ([including but not limited to activations of Trial/Disabled Software as described in Section 6.10) 5.9(a)] or (b) used by a Licensee, a Licensee Party Affiliate or an Authorized Manufacturer for any purpose other than research and development, except if the Shipment is Exempt. Licensee may report and pay royalties for any Exempt Shipment in its discretion, for example, in order to cover downstream recipients of Licensed Products residing in a jurisdiction in which Licensed Patents would be infringed in the absence of a license under this License Agreement. The parties agree that in the absence of Licensee reporting and paying royalties for an Exempt Shipment, the using and selling of Licensed Products from said Exempt Shipment by downstream recipients is not authorized in whole or in part by this License Agreement.. Reference Copy

Appears in 1 contract

Samples: License Agreement

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