United States Government Rights. Each of the Documentation and the Software components that constitute the Software is a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Accordingly, if Customer is an agency of the U.S. Government or any contractor therefor, Customer only receives those rights with respect to the Software and Documentation as are granted to all other end users under license, in accordance with (i) 48 C.F.R. 227.7201 through 48 C.F.R. 227.7204, with respect to the Department of Defense and their contractors, or (ii) 48 CFR 12.212, with respect to all other U.S. Government licensees and their contractors.
United States Government Rights. Triangle acknowledges that the Bukwang Patents, Bukwang Know-How, or portions thereof were developed with financial or other assistance through grants or contracts funded by the United States government. Triangle acknowledges that in accordance with Public Law 96-517, other applicable statutes, regulations and Executive Orders now in existence or as may be amended or subsequently enacted, the United States government has certain rights in the Bukwang Patents and Bukwang Know-How. Triangle shall take all reasonable actions necessary to enable the Primary Licensors to satisfy their obligations of which Triangle is aware under any federal law relating to the Bukwang Patents or Bukwang Know-How. If at any time during the term of this Agreement, the United States government should take action which terminates the Primary License Agreement or requires that the Primary License Agreement be terminated, Triangle acknowledges that upon such termination, this Agreement will automatically terminate. In such event, Triangle shall not have any right to the return of any payments of any kind made by it to Bukwang prior to the date of termination, other than any overpayment of earned royalties as determined by any audit conducted pursuant to Section 4.2.
United States Government Rights. The Licensed Patents, Licensed Technology, or portions thereof were developed with financial or other assistance through grants or contracts funded by the United States government. BUKWANG acknowledges that in accordance with Public Law 96-517 and other statutes, regulations, and Executive Orders as now exist or may be amended or enacted, the United States government has certain rights in the Licensed Patents and Licensed Technology. BUKWANG shall take all reasonable actions necessary to enable LICENSOR to satisfy its obligations under any federal law relating to the Licensed Patents or Licensed Technology. BUKWANG acknowledges that LICENSOR must obtain a waiver from the United States government, pursuant to United States Code of Federal Regulations, Section 37, 401.14(i), to enable LICENSOR to grant the rights and license hereunder. LICENSOR has requested such a waiver, but if this Agreement is executed prior to the granting of said waiver, BUKWANG agrees that this Agreement will automatically terminate if the request for waiver is denied. LICENSOR shall notify BUKWANG within ten (10) days of receipt of notice of denial of said waiver from the United States government. If at any time during the term of this Agreement, the United States government should take action which renders it impossible or impractical for LICENSOR to grant the rights and license granted herein to BUKWANG under this Agreement or otherwise perform LICENSOR’s obligations, LICENSOR or BUKWANG may terminate this Agreement immediately by notice to the other party. BUKWANG shall not have any right to the return of any payments of any kind made by it to LICENSOR prior to the date of termination.
United States Government Rights. 11.1. The Software is commercial computer software, as defined in 48 C.F.R. §2.101. Accordingly, if You are the US Government or any contractor therefor, You shall receive only those rights with respect to the Software and Documentation as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
United States Government Rights. UFRF may have obtained and/or may in the future obtain funding for the Patent Rights from an agency of the United States government. Rights granted in this Agreement are limited by and subject to the rights and requirements of the government which may attach as a result of such funding, including as set forth in 35 U.S.C. §200, 37 C.F.R. Part 401 (“Xxxx-Xxxx Act”). The terms of this Agreement shall be unilaterally amended as required to comply with the Xxxx-Xxxx Act. Licensee agrees to comply with the provisions of the Xxxx-Xxxx Act, including promptly providing UFRF information requested to enable it to meet its compliance requirements, and to substantially manufacture Licensed Products and products produced through the use of Licensed Products in the United States, unless that requirement is waived.
United States Government Rights. Pharmasset acknowledges that the Bukwang Patents licensed under the Primary License Agreement, Bukwang Know-How licensed under the Primary License Agreement, or portions thereof were developed with financial or other assistance through grants or contracts funded by the United States government. Pharmasset acknowledges that, in accordance with Public Law 96-517, other applicable statutes, regulations and Executive Orders now in existence or as may be amended or subsequently enacted, the United States government has certain rights in the Bukwang Patents licensed under the Primary License Agreement and Bukwang Know-How licensed under the Primary License Agreement. Pharmasset shall take all reasonable actions necessary to enable the Primary Licensors to satisfy their obligations of which Pharmasset is notified under any federal law relating to the Bukwang Patents or Bukwang Know-How. If, at any time during the term of this Agreement, the United States government should take action which terminates the Primary License Agreement or requires that the Primary License Agreement be terminated, Pharmasset acknowledges that, upon such termination, Pharmasset shall become a direct licensee with the Primary Licensors for the Territory pursuant to paragraph 2.5 of the Primary License Agreement and this Agreement shall continue with respect to any Bukwang Patents and Bukwang Know-How that are not licensed under the Primary License Agreement. If, due to such government action, Pharmasset becomes a direct licensee with the Primary Licensors, the parties hereto shall negotiate in good faith, in light of amendments, if any, to the Primary License Agreement, as to a reduction of royalty obligations hereunder as may then be necessary to ensure that the royalty due to Bukwang shall not be more than [***] percent ([***]%) and the total royalty due to both the Primary Licensors and Bukwang shall not be more than [***] percent ([***]%). In the event that the Primary License Agreement is terminated and Pharmasset becomes a direct licensee with the Primary Licensors and the royalty due to Bukwang immediately prior to such termination of the Primary License Agreement is less than [***] percent ([***]%) for any country in the Territory, the royalty due to Bukwang for such country shall decrease proportionately and shall not be more than [***] percent ([***]%) of the royalty due to Bukwang before such termination. As an example, in the event that the Primary License Agreement is termina...
United States Government Rights. Triangle acknowledges that the portion of the Dynavax Patents and Dynavax Know-How licensed to Dynavax under the Primary License Agreement were developed with financial or other assistance through grants or contracts funded by the United States government. Triangle acknowledges that its license rights to such portion of the Dynavax Patents and Dynavax Know-How are subject to the rights of the U.S. Government pursuant to 35 U.S.C. Sections 200-212 and applicable regulations promulgated thereunder.
United States Government Rights. In the event it is determined that any GTX Patent Rights were developed with the support of the United States Government or any agency thereof (the “Government”), the Government will retain rights in the GTX Patent Rights as set forth in Title 35 U.S.C. §200 et seq. All rights herein granted to GTX are subject to any such rights held by the Government and further subject to any restrictions or obligations that may be imposed by the Government pursuant to such rights, at such time that it is determined.
United States Government Rights. The parties acknowledge that the United States government retains rights in intellectual property funded under any grant or similar contract with a Federal agency. The Assignment is expressly subject to all applicable United States government rights, including, but not limited to, any applicable requirement that products, which result from such intellectual property, must be substantially manufactured in the United States.
