Third Party Technologies. The Software may include or be bundled with other software programs licensed under different terms and/or licensed by a vendor other than Kofax. Use of any software programs accompanied by a separate license agreement is governed by that separate license agreement. Any third party software that may be provided with the Software is included for use at Your option. Kofax is not responsible for any third party’s software and shall have no liability for Your use of third party software.
Third Party Technologies. 9.5.1 If after the Effective Date, NovaCal acquires or licenses from a Third Party subject matter within the NovaCal Technology (“Third Party Technology”) that is subject to payment obligations to the Third Party, then NovaCal shall so notify Alcon and the following shall apply, provided that the Third Party Technology represents additional technology that supplements the NovaCal Technology and is not intended primarily as a freedom-to-operate license or acquisition with respect to Commercialization of Licensed Compounds in the Field: the rights granted to Alcon hereunder with respect to such Third Party Technology shall be subject to Alcon promptly reimbursing NovaCal for the amounts that become owing to such Third Party by reason of the grant to or exercise by or under authority of Alcon of such rights to such Third Party Technology and Alcon shall reimburse NovaCal for a reasonable portion of any upfront fee or other similar amounts paid to acquire such Third Party Technology that is allocable to the rights granted to Alcon to such Third Party Technology hereunder. Upon request by Alcon, NovaCal shall disclose to Alcon a written description of such payment obligations. Alcon may exclude Third Party Technology from the rights granted to it hereunder by providing notice to NovaCal thereof, provided that such notice is provided prior to the exercise of any rights to such Third Party Technology by or under authority of Alcon; in such event, such Third Party Technology shall be deemed excluded from the NovaCal Patents, NovaCal Know-How and NovaCal Technology.
9.5.2 If after the Effective Date, Alcon or its Affiliates acquires or licenses from a Third Party any Know-How or Patents, required (i.e., for which there is no commercially practicable alternative) for the Development, Manufacture or Commercialization of Licensed Products (“Alcon Technology”), then Alcon shall use reasonable efforts to notify NovaCal thereof from time to time. If requested by NovaCal (whether as a result of such notice or otherwise), Alcon agrees, to the extent Alcon Controls rights outside the Field to such Alcon Technology to grant NovaCal a non-exclusive license, with the right to sublicense NovaCal’s Marketing Partners, to make, have made, use, sell, offer for sale and otherwise exploit such Alcon Technology in connection with activities with Licensed Compounds outside the Field, and the following shall apply: the rights granted to NovaCal hereunder with respect to such Alcon Tech...
Third Party Technologies. The Product may include or be bundled with other technology or software programs licensed under different terms and/or licensed by a vendor other than rf IDEAS. Use of any software programs accompanied by a separate license agreement is governed by that separate license agreement. Any third party software that may be provided with the Product is included for use at YOUR option. rf IDEAS is not responsible for any third party’s software and shall have no liability for YOUR use of third party software. Products that include third party technology may be subject to use restrictions as notified by rf IDEAS. You acknowledge actual notice of any such restrictions and agree to use and sell such Products and otherwise operate YOUR business in accordance with such restrictions. YOU will also indemnify and hold rf IDEAS harmless from any claim, demand, cause of action, or damage and the associated costs and fees (including reasonable attorneys’ fees and expenses) for which rf IDEAS and its affiliated parties might become liable, arising from or in connection with YOUR use of such Products or otherwise not in compliance with such restrictions.
Third Party Technologies. Subject to Section 5.4, Licensee, at its sole option and expense, will have the right to elect to use any Third Party technology (as permitted herein) at the Kinross Facility.
Third Party Technologies. If, after the Effective Date, Asana acquires from a Third Party subject matter within the Licensed Patent Rights or the Licensed Know-How (“New Technology”) that is subject to royalty, milestone or other payment obligations to such Third Party, then Asana shall so notify Company and disclose to Company a true, complete and correct copy of the acquisition or license agreement for the New Technology, to the extent Asana has the right to do so pursuant to such agreement, including all payment obligations and the following shall apply: If Company desires to receive a (sub)license to such New Technology, then Company shall notify Asana in writing and following such notification the rights and licenses granted to Company under this Agreement will include such New Technology provided that Company shall promptly reimburse Asana for any milestones, royalties or other amounts that become owed to such Third Party by reason of the grant to, or exercise by or under the authority of, Company of such rights with respect to such New Technology hereunder, and Company shall promptly reimburse Asana for a reasonable portion of any upfront fee or other similar amounts paid to acquire such New Technology to reflect the value of the rights granted to Company to such New Technology hereunder. In the event Company does not notify Asana that it desires such (sub)license to the New Technology, then such New Technology shall thereafter be deemed excluded from the Licensed Patent Rights or Licensed Know-How, as applicable, hereunder.
Third Party Technologies. The Game shall incorporate the following technologies:
Third Party Technologies. Each Party’s rights under this Article 13 with respect to the prosecution and enforcement of any Licensed Product Patents, in each case that is licensed by such Party from a Third Party shall be subject to the rights of such Third Party to prosecute and enforce such Patent Rights.
Third Party Technologies i. The Client shall only employ and use Data Collection Technologies with the prior approval of Samsung, such approval to be withheld by Samsung at its sole discretion and may be contingent on the third party providing Data Collection Technologies services for on and on behalf of the Advertiser or Agency (“Technology Vendor”) entering into an agreement with Samsung. The Client shall provide Samsung with all reasonable assistance in determining the suitability of the use of the Data Collection Technologies and the Technology Vendor with respect to a Campaign, including what data is being collected and for what purpose. The Client represents and warrants that the Technology Vendor is contractually bound to comply with the obligations outlined in this Clause 11(b).
ii. The Client agrees and acknowledges that Data Collection Technologies must only be used to verify impressions and fraud prevention and not for any other purpose, for the avoidance of doubt the Data Collection Technologies cannot be used for the purpose of profiling or targeting users, tracking users when the leave the relevant platform, collecting any special categories of data, or combining with other datasets. Data collected by the Data Collection Technologies is confidential to Samsung and shall not be disclosed to third parties without the prior consent of Samsung.
iii. Where the use of Data Collection Technologies is approved by Samsung for a Campaign, the Client represents and warrants to Samsung that the Client will at all times during the Agreement Term (1) have a legal basis for processing any Personal Data collected by such Data Collection Technologies, (2) comply with applicable Data Protection Laws, including without limitation the terms of the Client’s own privacy policy, (3) comply with the Technology Vendor’s agreement terms and conditions, (4) will have in place appropriate privacy policies available to individuals that disclose such Technology Vendor’s processing activities and provides all other information required by applicable Data Protection Laws.
iv. The Client acknowledges that the use of Data Collection Technologies may be blocked by the user and any information collected may not be accurate. The Client agrees and acknowledges that Samsung may monitor Data Collection Technologies usage and may implement measures to prevent unauthorized use of Data Collection Technologies including the use of proxy servers and the Client shall not attempt to circumvent such measures. The ...
Third Party Technologies. For any in-licensed technologies of either Party, the foregoing provisions of this ARTICLE 13 shall be subject to and limited by the terms and conditions of the applicable existing agreements and any agreement entered into after the Effective Date pursuant to which the in-licensing Party has acquired rights to the applicable Patent. Each Party agrees with respect to such agreements as to which it is a party to take such actions and exercise such rights under any such agreements as reasonably necessary to give effect to the foregoing provisions of Section 13.3 and Section 13.4 and, where such agreements are inconsistent with any term of this Agreement, such Party shall notify the other Party in writing, including a description of the difference.
Third Party Technologies. Each of the Parties shall obtain, and shall be responsible for all costs related to obtaining, any necessary license or right to any Third Party Patents Covering such Party’s own Background Technology and Program Technology sufficient to fulfil such Party’s obligations under this Agreement; provided, however, that this Section 6.6 does not (a) require a Party to obtain such license or right for the other Party, or (b) in any way expand such Party’s obligations under Section 7 of this Agreement. For clarity, each Party shall be solely responsible for obtaining any necessary license or right from a Third Party to [****] including, for example, [****].
