Common use of Sublicense Grant by Palomar Clause in Contracts

Sublicense Grant by Palomar. Subject to the terms and conditions of this Agreement, Palomar hereby grants to Cutera and Cutera Affiliates a worldwide, royalty-bearing, non-terminable, non-exclusive sublicense, under the Xxxxxxxx Patents, to make, use, sell, offer for sale and import Licensed Products (provided that those Cutera Hair Modules that alone amount to a “Cutera Product” hereunder are used exclusively with other Cutera Products or Cutera Other Products and no other products or systems of Cutera, Cutera Affiliates or any Third Parties), in each case only for hair removal and only outside of the Consumer Field. It is understood and agreed that (i) the foregoing sublicense grant shall cover only those Licensed Products Sold for which royalties are paid to Palomar hereunder as provided in Section 4 (including with respect to Sales of Licensed Products occurring before April 1, 2006 for which Cutera pays royalties hereunder as specified in Section 4.2), (ii) the foregoing sublicense grant automatically extends, without any further action by Cutera or any Cutera Affiliates, to each person and entity that is a “Cutera Affiliate” as of the Effective Date or becomes a “Cutera Affiliate” thereafter, but only for so long as such person or entity remains a “Cutera Affiliate” hereunder, and (iii) Palomar shall be in direct privity under this Agreement with any Cutera Affiliate as a result of such sublicense grant.

Sublicense Grant by Palomar. Subject to the terms and conditions of this Agreement, Palomar hereby grants to Cutera and Cutera Affiliates a worldwide, royalty-bearing, non-terminable, non-exclusive sublicense, under the Xxxxxxxx Patents, to make, use, sell, offer for sale and import Licensed Products (provided that those Cutera Hair Modules that alone amount to a “Cutera Product” hereunder are used exclusively with other Cutera Products or Cutera Other Products and no other products or systems of Cutera, Cutera Affiliates or any Third Parties), in each case only for hair removal and only outside of the Consumer Field. It is understood and agreed that (i) the foregoing sublicense grant shall cover only those Licensed Products Sold for which royalties are paid to Palomar hereunder as provided in Section 4 (including with respect to Sales of Licensed Products occurring before April 1, 2006 for which Cutera pays royalties hereunder as specified in Section 4.2), (ii) the foregoing sublicense grant automatically extends, without any further action by Cutera or any Cutera Affiliates, to each person and entity that is a “Cutera Affiliate” as of the Effective Date or becomes a “Cutera Affiliate” thereafter, but only for so long as such person or entity remains a “Cutera Affiliate” hereunder, and (iii) Palomar shall be in direct privity under this Agreement with any Cutera Affiliate as a result of such sublicense grant. 2.2.

Sublicense Grant by Palomar. Subject to the terms and conditions of this Agreement, Palomar hereby grants to Cutera Xxxx and Cutera Xxxx Affiliates a worldwide, royalty-bearing, non-terminable, non-exclusive sublicense, under the Xxxxxxxx Patents, to make, use, sell, offer for sale and import Licensed Products (provided that those Cutera Xxxx Hair Modules that alone amount to a an “Cutera Xxxx Product” hereunder are used exclusively with other Cutera Xxxx Products or Cutera Xxxx Other Products and no other products or systems of CuteraXxxx, Cutera Xxxx Affiliates or any Third Parties), in each case only for hair removal and only outside of the Consumer Field. It is understood and agreed that (i) the foregoing sublicense grant shall cover only those Licensed Products Sold for which royalties are paid to Palomar hereunder as provided in Section 4 (including with respect to Sales of Licensed Products occurring before April 1, 2006 the Effective Date for which Cutera Xxxx pays royalties hereunder as specified in Section 4.2), (ii) the foregoing sublicense grant automatically extends, without any further action by Cutera Xxxx or any Cutera Xxxx Affiliates, to each person and entity that is a an “Cutera Xxxx Affiliate” as of the Effective Date or becomes a an “Cutera Xxxx Affiliate” thereafter, but only for so long as such person or entity remains a an “Cutera Xxxx Affiliate” hereunder, and (iii) Palomar shall be in direct privity under this Agreement with any Cutera Xxxx Affiliate as a result of such sublicense grant.

Sublicense Grant by Palomar. Subject to the terms and conditions of this Agreement, Palomar hereby grants to Cutera Axxx and Cutera Axxx Affiliates a worldwide, royalty-bearing, non-terminable, non-exclusive sublicense, under the Xxxxxxxx Axxxxxxx Patents, to make, use, sell, offer for sale and import Licensed Products (provided that those Cutera Axxx Hair Modules that alone amount to a an “Cutera Axxx Product” hereunder are used exclusively with other Cutera Axxx Products or Cutera Axxx Other Products and no other products or systems of CuteraAxxx, Cutera Axxx Affiliates or any Third Parties), in each case only for hair removal and only outside of the Consumer Field. It is understood and agreed that (i) the foregoing sublicense grant shall cover only those Licensed Products Sold for which royalties are paid to Palomar hereunder as provided in Section 4 (including with respect to Sales of Licensed Products occurring before April 1, 2006 the Effective Date for which Cutera Axxx pays royalties hereunder as specified in Section 4.2), (ii) the foregoing sublicense grant automatically extends, without any further action by Cutera Axxx or any Cutera Axxx Affiliates, to each person and entity that is a an “Cutera Axxx Affiliate” as of the Effective Date or becomes a an “Cutera Axxx Affiliate” thereafter, but only for so long as such person or entity remains a an “Cutera Axxx Affiliate” hereunder, and (iii) Palomar shall be in direct privity under this Agreement with any Cutera Axxx Affiliate as a result of such sublicense grant.