Third Party License Obligations. You acknowledge and agree that the Licensed Software may include or incorporate third party technology (collectively “Third Party Components”), which is provided for use in or with the Software and not otherwise used separately. If the Licensed Software includes or incorporates Third Party Components, then the third-party pass-through terms and conditions (“Third Party Terms”) for the particular Third Party Component will be bundled with the Software or otherwise made available online as indicated by NVIDIA and will be incorporated by reference into this XXXX. In the event of any conflict between the terms in this XXXX and the Third Party Terms, the Third Party Terms shall govern. Copyright to Third Party Components are held by the copyright holders indicated in the copyright notices indicated in the Third Party Terms.
Third Party License Obligations. You acknowledge and agree that the Licensed Software may include or incorporate third party technology (collectively “Third Party Components”), which is provided for use in or with the software and not otherwise used separately. If the Licensed Software includes or incorporates Third Party Components, then the third-party pass-through terms and conditions (“Third Party Terms”) for the particular Third Party Component will be bundled with the software or otherwise made available online as indicated by NVIDIA and will be incorporated by reference into this Agreement. In the event of any conflict between the terms in this Agreement and the Third Party Terms, the Third Party Terms shall govern. Copyright to Third Party Components are held by the copyright holders indicated in the copyright notices indicated in the Third Party Terms. Audio/Video Encoders and Decoders. You acknowledge and agree that it is your sole responsibility to obtain any additional third party licenses required to make, have made, use, have used, sell, import, and offer for sale your products or services that include or incorporate any Third Party Components and content relating to audio and/or video encoders and decoders from, including but not limited to, Microsoft, Thomson, Fraunhofer IIS, Sisvel S.p.A., MPEG-LA, and Coding Technologies as NVIDIA does not grant to you under this Agreement any necessary patent rights with respect to audio and/or video encoders and decoders.
Third Party License Obligations. The Licensed Software may come bundled with, or otherwise include or be distributed with, third party software licensed by a REPSTANCE supplier and/or open source software provided under an open source license (Open Source Software) (collectively, "Third Party Software"). Notwithstanding anything to the contrary herein, Third Party Software is licensed to you subject to the terms and conditions of the software license agreement accompanying such Third Party Software whether in the form of a discrete agreement, click-through license, or electronic license terms accepted at the time of installation and any additional terms or agreements provided by the third party licensor ("Third Party License Terms"). Use of the Third Party Software by you shall be governed by such Third Party License Terms, or if no Third Party License Terms apply, then the Third Party Software is provided to you as-is for use in or with the Licensed Software and not otherwise used separately. Copyright to Third Party Software is held by the copyright holders indicated in the Third Party License Terms. You acknowledge and agree that it is your sole responsibility to obtain any additional third party licenses required to make, have made, use, have used, sell, import, export any data necessary for your normal daily operations.
Third Party License Obligations. You acknowledge and agree that the Licensed Software may include or incorporate third party technology (collectively “Third Party Components”), which is provided for use in or with the Software and not otherwise used separately. If the Licensed Software includes or incorporates Third Party Components, then the third-party pass- through terms and conditions (“Third Party Terms”) for the particular Third Party Component will be bundled with the Software or otherwise made available online
Third Party License Obligations. The Licensed Software may come bundled with, or otherwise include or be distributed with, third party software licensed by an NVIDIA supplier and/or open source software provided under an open source license (Open Source Software) (collectively, "Third Party Software"). Notwithstanding anything to the contrary herein, Third Party Software is licensed to you subject to the terms and conditions of the software license agreement accompanying such Third Party Software whether in the form of a discrete agreement, click-through license, or electronic license terms accepted at the time of installation and any additional terms or agreements provided by the third party licensor ("Third Party License Terms"). Use of the Third Party Software by you shall be governed by such Third Party License Terms, or if no Third Party License Terms apply, then the Third Party Software is provided to you as-is for use in or with the Licensed Software and not otherwise used separately. Copyright to Third Party Software is held by the copyright holders indicated in the Third Party License Terms. Audio/Video Encoders and Decoders. You acknowledge and agree that it is your sole responsibility to obtain any additional third party licenses required to make, have made, use, have used, sell, import, and offer for sale your products or services that include or incorporate any Third Party Software and content relating to audio and/or video encoders and decoders from, including but not limited to, Microsoft, Thomson, Fraunhofer IIS, Sisvel S.p.A., MPEG-LA, and Coding Technologies as NVIDIA does not grant to you under this SLA any necessary patent or other rights with respect to audio and/or video encoders and decoders.
Third Party License Obligations. You acknowledge and agree that the Software may include, incorporate, bundle, or otherwise be aggregated with, third party software licensed or supplied by a TDSL licensor or supplier and/or open source software licensed or provided under an open source license (Open Source Software) (collectively, "Third Party Software"). Notwithstanding anything to the contrary herein, Third Party Software is licensed or provided to you subject to the pass-through terms and conditions of the separate license agreements as described in the Attachment hereto and any additional terms or agreements provided by the third party licensor or supplier ("Third Party Terms"). Use of the Third Party Software by you shall be governed by such Third Party Terms, or if no Third Party License Terms apply, then the Third Party Software is provided to you as-is for use in or with the Software subject to the Agreement with Microsoft and not otherwise used separately. In the event of any conflict between the terms in this Agreement and the Third Party Terms, the Third Party Terms shall govern. Copyright to Third Party Software is held by the copyright holders indicated in the Third Party Terms.
Third Party License Obligations. You acknowledge and agree that the Licensed Software may include or incorporate third party technology (collectively “Third Party Components”), which are provided for use in or with the Software and not otherwise used separately. If the Licensed Software includes or incorporates Third Party Components, then the third-party pass-through terms and conditions (“Third Party Terms”) for the particular Third Party Component contained in or included with the Licensed Software shall be incorporated by reference into this XXXX. In the event of any conflict between the terms in this XXXX and the Third Party Terms, the Third Party Terms shall govern. Copyright to Third Party Components are held by the copyright holders indicated in the copyright notices indicated in the corresponding Documentation. More specifically, certain of the Third Party Materials are governed by open-source software license agreements, including the GNU Lesser General Public License.
3.1 Each party will not use the other party’s Confidential Information, except as necessary for the performance of this XXXX, and will not disclose such Confidential Information to any third party, except to those of its employees, employees of its Enterprise and Contractors that have a need to know such Confidential Information for the performance of this XXXX, provided that each such employee and Contractor is subject to a written agreement that includes confidentiality obligations consistent with those set forth herein. Each party will use all reasonable efforts to maintain the confidentiality of all of the other party’s Confidential Information in its possession or control, but in no event less than the efforts that it ordinarily uses with respect to its own Confidential Information of similar nature and importance. The foregoing obligations will not restrict either party from disclosing the other party’s Confidential Information or the terms and conditions of this XXXX as required under applicable securities regulations or pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the party required to make such a disclosure (i) gives reasonable notice to the other party to enable it to contest such order or requirement prior to its disclosure (whether through protective orders or otherwise), (ii) uses reasonable effort to obtain confidential treatment or similar protection to the fullest extent possible to avoid public disclosure of the terms of this XXX...
Third Party License Obligations. You acknowledge and agree that the Licensed Software may include or incorporate third party technology (collectively “Third Party Components”), which is provided for use in or with the software and not otherwise used separately. If the Licensed Software includes or incorporates Third Party Components, then the third-party pass-through terms and conditions (“Third Party Terms”) for the particular Third Party Component will be bundled with the software or otherwise made available online as indicated by NVIDIA and will be incorporated by reference into this Agreement. In the event of any conflict between the terms in this Agreement and the Third Party Terms, the Third Party Terms shall govern. Copyright to Third Party Components are held by the copyright holders indicated in the copyright notices indicated in the Third Party Terms. To obtain source code for open source software in accordance with the associated Third Party Terms, contact xxx-xxxxxxxx@xxxxxx.xxx within three years of the date of first access to the Licensed Software. Audio/Video Encoders and Decoders. You acknowledge and agree that it is your sole responsibility to obtain any additional third party licenses required to make, have made, use, have used, sell, import, and offer for sale your products or services that include or incorporate any Third Party Components and content relating to audio and/or video encoders and decoders from, including but not limited to, Microsoft, Thomson, Fraunhofer IIS, Sisvel S.p.A., MPEG-LA, and Coding Technologies as NVIDIA does not grant to you under this Agreement any necessary patent rights with respect to audio and/or video encoders and decoders.
Third Party License Obligations. Subject to the terms of the Partnering Agreement, the JSC shall be responsible for evaluating whether, when, and how to enter into licensing agreements with Third Parties. To the extent that any license fee, royalty or other payment obligation accrues under any license agreement between Aradigm or CyDex and a Third Party that is needed for the manufacture, use, sale or importation of a Collaboration Product, responsibility for such payments shall be shared by the Parties in accordance with the Allocation Ratio and shall be shared with the Third Party Partner to the extent permitted by the Partnering Agreement. In the event that the JSC elects not to enter into a license and such decision results in an enforcement action being brought against one or both of the Parties, any costs and liabilities that arise shall be shared by the Parties in accordance with the Allocation Ratio, unless otherwise agreed in writing between the Parties.
Third Party License Obligations. 14 6.4 Licensing under Prior Obligation ..................................... 15 6.5 Commercialization Committee .......................................... 15 6.6
