Exclusive License Agreement
EXHIBIT
10.3 - EXCLUSIVE LICENSE AGREEMENT BETWEEN INFO-HOLD, INC. AND XXXX X.
XXXXXXXXXX DATED DECEMBER 8, 2003
Exclusive
License Agreement
Whereas,
Xxxx X. Xxxxxxxxxx ("Xxxxxxxxxx")
is the inventor and owner of the devices, systems and methods covered under
U.S.
Patents 6,272,211 B1 and 5,870,461 and 5,920,616 the owner of all right's and
title thereto; and
Whereas,
Info-Hold, Inc., ("Info-Hold") as Licensee under the Xxxxxxxxxx Patents, has
a
compelling business interest in deterring unlicensed use and infringement of
said Patents; and
Whereas,
Info Hold, Inc. Request from ("Xxxxxxxxxx") such Exclusive agreement and
Xxxxxxxxxx Grants such Agreement.
Now therefore,
in consideration of the mutual covenants contained herein, and other
good and
valuable consideration, the parties agree as follows:
| 1. |
This
Agreement is in partial consideration of, was contemplated by, and
hereby
specifically references the Licensing Agreement made between the
parties
on September 25, 1995. "This
is an addendum to the existing Agreement" all provisions of prior
agreement are incorporated by this agreement and remain in full force
and
effect with the exception of exclusive Rights of specified Patents
on
the
face of this agreement.
|
| 2. |
Xxxxxxxxxx
grants to Info-Hold the sole and exclusive right to
bring
and/or defend any cause of action in which the subject matter involves
any
device, system or method
which are part of the on-hold messaging systems and methods referenced
by
any of Xxxxxxxxxx'x listed Patents on this
document.
|
| 3. |
The
rights granted herein specifically include, but are not limited to,
the
right for Info-Hold to xxx for present damages, past damages, and
future
damages, as well as injunctive or other relief, against
any party or parties whom Xxxxxxxxxx or Info-Hold believe have infringed
any of the Patents contemplated by this
Agreement.
|
| 4. |
Xxxxxxxxxx
further grants to Info-Hold the right to grant sub-licenses under
Xxxxxxxxxx'x Patents, including as part of any litigation or settlement
of
any legal action brought or defended by
Info-Hold.
|
| 5. |
Info-Hold
may not assign any rights granted under this Agreement without the
express, written consent of
Xxxxxxxxxx.
|
| 6. |
Xxxxxxxxxx
agrees to cooperate with Info-Hold regarding any litigation.
contemplated by
this Agreement,
but by the terms of this agreement, Xxxxxxxxxx cannot and will
not be. ,a
Party in Interest.,.
|
| 7. |
The
parties
agree that thr :provisions of this Agreement are severable, and if
one or
more
provisions are determined to be
illegal
qt unenforceable, in whole or in part, the remaining
provisions, or parts.thereof, shall remain binding and
enforceable.
|
| 8. |
The
Board of
Directors of Info-Hold, Inc has approved such an agreement and its
provisions incorporated herein.
|
In
witness whereof Xxxxxxxxxx
and
Info-Hold have executed this Agreement on this
8th of
December, 2003.
| S/S_Joey X. Xxxxxxxxxx | |||
|
Xxxx
X. Xxxxxxxxxx
0000
Xxxxxxxxx Xxxx
Xxxxxxxxxx,
XX 00000
|
| s/s Xxxxxx X. Xxxx, Esq. | |||
|
Xxxxxx
X. Xxxx, Esq., General Counsel
INFO-HOLD,
INC.
0000
Xxxxxxx Xxxx
|
|||
| Xxxxxxxxxx, XX 00000 |
