XXXXXX System. In the event Rosetta shall terminate this agreement pursuant to Section 10.2, all rights granted to Agilent by Rosetta hereunder in respect of the Xxxxxx System (other than the right to use the Xxxxxx System for internal purposes) shall terminate and expire as of the Early Termination Date. To the extent any Rosetta Technology is incorporated into the design, development, manufacture or use of the Xxxxxx System or any Component thereof as of the Early Termination Date, Agilent shall have, and Rosetta hereby grants to Agilent, a worldwide (outside of [***]), non-exclusive, irrevocable license in, to and under the Rosetta Technology to manufacture, market, offer for sale, sell and support the Xxxxxx System or any Component thereof, for the later of (i) the duration of the term of any valid patent within the Rosetta Patents covering the design, manufacture or use of the Xxxxxx System or any Component thereof or (ii) for so long (but in no event beyond the [***] of the Early Termination Date) as Rosetta Know-How incorporated therein remains material to the design, development, manufacture or use thereof, and if on or prior to such date Agilent shall have agreed or otherwise paid to Rosetta a royalty with respect to Rosetta Technology incorporated into the design, development, manufacturing or use of the Xxxxxx System, Agilent shall, for the duration of such period, pay to Rosetta a royalty equal to [***] times the royalty (calculated on a percentage basis) paid to Rosetta in connection with Net Revenues associated with the Royalty Bearing Portion of any Xxxxxx System taking into account the Rosetta Technology so incorporated (as evidenced by the royalty rate in effect as of the Early Termination Date); such royalty payments to be made at such times and pursuant to the reports required to be delivered in accordance with Section 7.7 hereof. In the event Agilent shall terminate this Agreement pursuant to Section 10.2, all rights granted to Rosetta by Agilent hereunder in respect of the Xxxxxx System (other than the right to use the Xxxxxx System for internal purposes) shall terminate and expire as of the Early Termination Date. To the extent any Rosetta Technology is incorporated into the design, development, manufacture or use of the Xxxxxx System or any Component thereof as of the Early Termination Date, Agilent shall have, and Rosetta hereby grants to Agilent, a worldwide, non-exclusive, irrevocable license in, to and under Rosetta Technology to manufacture, m...
XXXXXX System. The Xxxxxx System shall be exclusively offered to Third Parties by Agilent according to the Product Plan therefor developed by the Parties hereunder. Rosetta shall not, at any time during the Term, directly or indirectly, sell or offer to sell to Third Parties any product competitive with the Xxxxxx System or any Component thereof including, without limitation, Feature Extraction Software.
XXXXXX System. Subject to the terms and conditions of this Agreement (including, without limitation, Section 7 hereof), Rosetta hereby grants to Agilent, commencing on the date that Agilent shall elect to license the Rosetta Proposed Xxxxxx Enhancements pursuant to and in accordance with Section 2.4(b), a worldwide license, co-exclusive with Rosetta, in, to and under the Rosetta Technology to develop, use, manufacture, market, offer for sale, sell and support the Rosetta Proposed Xxxxxx Enhancements and any enhancements and refinements thereto with the Xxxxxx System. No right is hereby granted in the Rosetta Proposed Xxxxxx Enhancements in the event Agilent shall elect not to license the Rosetta * Material has been omitted pursuant to a request for confidential treatment, and such material has been filed separately with the SEC.
XXXXXX System. Subject to the terms and conditions of this Agreement, Agilent hereby grants to Rosetta a royalty-free license in, to and under the Agilent Technology to use for internal purposes (including, without limitation, the right to use the Xxxxxx System in providing commercial services to Third Parties) only the Xxxxxx Systems delivered to Rosetta by Agilent pursuant to Section 7.5 hereof except for within the Excluded Field and except in connection with [***].
XXXXXX System. Within ninety (90) days of the Effective Date, Agilent shall deliver to Rosetta [***] for use by Rosetta during the Term for internal purposes only. The Parties shall agree on a delivery schedule for additional Xxxxxx Systems based on production schedules and customer demand. Rosetta shall reimburse Agilent for the manufacturing costs incurred by it in connection with each such Xxxxxx System, provided, however, in no event shall such manufacturing costs for each such Xxxxxx System exceed [***].
XXXXXX System. The voting system comprised of Xxxx Hardware, Verity Software, Commercial Software, and Third Party Hardware. ARTICLES
XXXXXX System
