Common use of Transfer of License Clause in Contracts

Transfer of License. Notwithstanding the provisions of Sections 11.1 and 11.2, if the Customer sells or transfers the Equipment in which the Software operates, Miraclon shall offer to license the Software, and to provide services, to any bona fide end user (“Transferee”) pursuant to Miraclon’s then current standard terms, conditions and fees, provided that the Transferee is not considered, in Miraclon’s discretion, a competitor of Miraclon or its parent, affiliates or subsidiaries. To the extent that the Software is licensed to a Transferee in accordance with this Section, the Customer’s license to use the Software shall be deemed terminated. Miraclon shall offer to provide de-installation services for the Customer and re-installation and certification for the Equipment and Software and services for the Transferee at Miraclon’s then current applicable fee.

Transfer of License. Notwithstanding the provisions of Sections 11.1 and 11.2, if the Customer sells or transfers the Equipment in which the Software operates, Miraclon shall offer to license the Software, and to provide services, to any bona fide end user (“Transferee”) pursuant to Miraclon’s then current standard terms, conditions and fees, provided that the Transferee is not considered, in Miraclon’s discretion, a competitor of Miraclon or its parent, affiliates or subsidiaries. To the extent that the Software is licensed to a Transferee in accordance with this Section, the Customer’s license to use the Software shall be deemed terminated. Miraclon shall offer to provide de-installation services for the Customer and re-re- installation and certification for the Equipment and Software and services for the Transferee at Miraclon’s then current applicable feefees.