Third Parties and Sprint VOIP Patents Sample Clauses

Third Parties and Sprint VOIP Patents. (a) While a covenant of this Article 3 remains in effect: (i) With respect to patents that Sprint has agreed not to assert against Clearwire, the non assert will also extend to (a) selling by any Person that is authorized to sell Clearwire services but only as to the Clearwire services being sold, and not any services or products of any Third Party, and (b) use by any client or customer that has the right to use Clearwire services. For the avoidance of doubt Sprint may pursue claims against a Third Party who uses Clearwire’s services in the conduct of such Third Party’s business in combination with a service not provided by Clearwire, which combined use infringes a Sprint patent, solely to the extent such infringement would not have occurred but for such combination. For further avoidance of doubt, Sprint will not have a claim against a Clearwire customer that uses only the Clearwire service(s). (ii) With respect to patents that Clearwire has agreed not to assert against Sprint, the non assert will also extend to (a) selling by any Person that is authorized to sell Sprint services but only as to the Sprint services being sold, and not any services or products of any Third Party, and (b) use by any client or customer that has the right to use Sprint services. For the avoidance of doubt Clearwire may pursue claims against a Third Party who uses Sprint’s services in combination with a service not provided by Sprint, which combined use infringes a Clearwire patent, solely to the extent such infringement would not have occurred but for such combination. For further avoidance of doubt, Clearwire will not have a claim against a Sprint customer that uses only the Sprint service(s). (iii) If, after the Effective Date, any party grants any Third Party the right to enforce a patent, through assignment or otherwise, then that party will obligate the Third Party to honor the provisions of this Article 3 and will take all necessary steps to ensure that the Third Party has the same obligation not to assert that patent. (b) Sprint may update Exhibit H from time to time during the Covenant Term. Clearwire may request no more often than annually that Sprint update Exhibit H. Within 30 days of receipt of the request, Sprint will update Exhibit H.
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Related to Third Parties and Sprint VOIP Patents

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  • Licensed Patent Rights The term “Licensed Patent Rights” shall mean rights arising out of or resulting from:

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  • Patent Rights The State and the U. S. Department of Transportation shall have the royalty free, nonexclusive and irrevocable right to use and to authorize others to use any patents developed by the Engineer under this contract.

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  • Third Party Technology The Company makes use of third party technology to collect information required for traffic measurement, research, and analytics. Use of third party technology entails data collection. We therefore would like to inform clients the Company enables third parties to place or read cookies located on the browsers of users entering the Company’s domain. Said third parties may also use web beacons to collect information through advertising located on the Company’s web site. Please note that you may change your browser settings to refuse or disable Local Shared Objects and similar technologies; however, by doing so you may be disabling some of the functionality of Company’s services.

  • End User License Agreement This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License. xxxx://xxxxxxxxxxxxxxx.xxx/licenses/by-nc-nd/3.0/ You are free to: Share: to copy, distribute and transmit the work Under the following conditions: Attribution: You must attribute the work in the manner specified by the author (but not in any way that suggests that they endorse you or your use of the work).

  • Third Party Licenses If (a) in the opinion of outside patent counsel to Licensee, Licensee, or any of its Affiliates or Sublicensees, cannot Exploit a Licensed Product in a country in the Territory without infringing one or more Patents that have issued to a Third Party in such country, or (b) as a result of any claim made against a Party, or any of its Affiliates or Sublicensees, alleging that the Exploitation of a Licensed Product infringes or misappropriates any Patent or any other intellectual property right of a Third Party in a country in the Territory, a judgment is entered by a court of competent jurisdiction from which no appeal is taken within the time permitted for appeal, such that Licensee cannot Exploit such Licensed Product in such country without infringing the Patent or other proprietary rights of such Third Party, then, in either case, Licensee shall have the first right, but not the obligation to negotiate and to obtain a license from such Third Party as necessary for the Exploitation of any Licensed Product hereunder in such country; provided, however, that NovaDel shall have the sole right to seek any such license with respect to the Licensed Process and shall use commercially reasonable efforts to obtain such a license in its own name from such Third Party in such country, under which NovaDel shall, to the extent permissible under such license, grant a sublicense to Licensee as necessary for Licensee, and any of its Affiliates and Sublicensees, to Exploit the Licensed Product as provided hereunder in such country. Licensee shall be solely responsible for one hundred percent (100%) of all royalty and other obligations with respect to the Exploitation of the Licensed Product; provided, however, that Licensee shall have the right to credit fifty percent (50%) any royalties paid by Licensee, its Affiliates or Sublicensees under such license with respect to such country against the royalty payments to be paid by Licensee to NovaDel with respect to the sale of the Licensed Product(s) under Section 4.1; provided, however, that no royalty payment when due, regardless of the amount or number of credits available to Licensee in accordance with this Agreement, shall be reduced by more than fifty percent (50%) of the amounts otherwise owed pursuant to Section 4.1 in any calendar quarter. Credits not exhausted in any calendar quarter may be carried into future calendar quarters.

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