Clone Product definition

Clone Product means a product having page description capabilities that are substantially compatible with the PostScript language.
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Clone Product means a product (or major component thereof) of a Party that has the same or substantially the same features and functionality as a then-existing product (or major component thereof) of the other Party (“Prior Product”) and that (a) has the same or substantially the same user interface, or (b) implements all or substantially all of the Application Programming Interfaces of the Prior Product. Those portions of a product that are otherwise licensed to one Party from the other Party, or that are compliant with a specification of a standards organization as to which the other Party has consented to the use of its Patents therefor, shall not be considered in determining whether the product is a Clone Product. (i) The Parties agree that products sold, licensed, supplied, distributed or otherwise made available by a Party for Revenue before the Effective Date (“Existing Products”) will not be deemed Clone Products. For purposes of clarification, the parties acknowledge that any features and functionality of such Existing Products (“Existing Product Functionality”) may be *** Portion for which confidential treatment requested. Microsoft — Novell CONFIDENTIAL Patent Cooperation Agreement November 2, 2006 considered in determining whether a new product (or major component thereof) meets the requirements set forth in the first paragraph of this definition, provided that, even if a new product (or major component thereof) meets such requirements, only those Patents covering inventions in new features and functionality in such Clone Product may be asserted against such Clone Product, and only with regard to Clone Product Functionality. For purposes of this subsection (i), “Clone Product Functionality” means features or functionality (other than Existing Product Functionality) that add to meeting the requirements set forth in the first paragraph of this definition. (ii) Notwithstanding subsection (i) above, Wine, OpenXchange, StarOffice and OpenOffice are not subject to such subsection (i), however, the exclusion of such products from such subsection (i) is without implication as to (and shall not affect the determination of) whether such products (or any features or functionality thereof) are Clone Products. Further, the Parties agree that (A) no inference shall be drawn from the reference to the above products in this subsection as to whether such products are Clone Products and (B) this subsection shall not be admitted or referred to in evidence in any dispute regard...
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Clone Product means a product of one of the Parties that provides (a) all of the same or substantially all of the same user interface and user commands, or (b) all or substantially all of the application programming interfaces (APIs) of a previously commercialized product of the other Party.
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Examples of Clone Product in a sentence

  • At Adobe's request, EFI will provide Adobe with written certification by an officer of EFI of EFI's compliance with its obligations under PARAGRAPH 1 ("Authorized Employees and Contractors") and PARAGRAPH 6 ("Clone Product Development") above.

  • This prohibition relating to Clone Product development shall apply equally to raster-output devices, to display or screen output devices, or to any other peripheral devices.

  • This will allow EFI to continue to develop front-end SW (Communications, Networking, Spooling, Job Dispatch) & Back-end (Page Delivery) without triggering the application of the restriction against Employment in any Clone Product Development set forth in PARAGRAPH 6(B) of EXHIBIT J.

  • The terms of this Agreement do not preclude Customer from developing a product substantially compatible with format supported by the Software, where such product does not incorporate the Software (a “Clone Product”); however, if Customer engages in Clone Product development, it shall ensure that there is no use of the Confidential Information in the design and development of such Clone Product.

  • For up to [***] New Products per year, if a party (the “Inquiring Party”) desires to know whether the other party considers any given New Product to be a Clone Product, then the Inquiring Party may provide a copy of such New Product (including sufficient supporting documentation) to the other party with written notice asking for a determination as to whether such other party considers the New Product to be a Clone Product.

  • If such other party responds that it believes the New Product is a Clone Product, [***].

  • SEC shall ensure that all Authorized Employees and Authorized Contractors who have had previous access to Adobe Support Information will be precluded for a period of twelve (12) months after their latest access to such Adobe Support Information from being employed in any Clone Product development (either internally or externally) by or for SEC.

  • The prohibition relating to Clone Product development set forth in this PARAGRAPH 6 ("Clone Product Development") shall apply equally to raster-output devices, to display or screen output devices, or to any other peripheral devices.

  • Within [***] after receiving such notice, the other party will review the New Product and documentation and will confidentially respond in good faith as to whether or not it considers the New Product to be a Clone Product.

  • Since the actual release is not available as far back as 1981, I use the revised data, which necessarily involves the future information.


More Definitions of Clone Product

Clone Product means either party's product designed, developed or acquired after the Effective Date that competes with and is a fully compatible look-alike or act-alike (by providing the same or substantially the same user interface and/or APIs) version of an Established Product of the other Party. An Established Product is a product publicly released or released for significant public beta testing, and designed, developed, or acquired before the introduction of the party's product; Clone Product shall exclude software, such as drivers, network protocols, etc., where such similarity with the user interface or APIs is dictated by adherence to an industry standard which was widely recognized prior to the release of a party's product. A party's product shall not be deemed to be a Clone Product solely on the basis that it provides the same or substantially the same functionality as a product of the other Party. For the purposes of this definition, neither the ICA protocol nor Microsoft created interfaces and protocols
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Clone Product means a Party's Product (which is not a Multi-User Software System) designed, developed or acquired after the Effective Date that competes with and is a fully compatible look-alike or act- alike (by providing the same or substantially the same user interface and/or APIs) version of an Established Product of the other Party. An Established Product is a Product publicly released or released for significant public beta testing and designed, developed, or acquired before the introduction of the Party's Product; Clone Product shall exclude software, such as drivers, network protocols, etc., where such similarity with the user interface or APIs is dictated by adherence to an industry standard which was widely recognized prior to the release of the Party's Product. A Party's Product shall not be deemed to be a Clone Product solely on the basis that it provides the same or substantially the same functionality as a product of the other Party. For the purposes of this definition, neither the ICA protocol nor Microsoft created interfaces and protocols in Microsoft Windows Operating System Products shall be deemed to be an "industry standard." "Microsoft Windows Operating System Products" shall mean Windows (and successors and derivatives), Windows NT (and successors and derivatives), and Windows CE (and successors and derivatives).
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Related to Clone Product

  • Nicotine product means a product that contains nicotine and is not any of the following:

  • Hemp product means the same as that term is defined in § 3.2-4112.

  • New Product means the Synology-branded hardware product and Synology-branded accessories contained in the original packaging Customer bought from an authorized Synology distributor or reseller. You may see our “New Product” at Product Support Status.

  • Licensed Product means a product or part of a product in the Licensed Field of Use: (A) the making, using, importing or selling of which, absent this license, infringes, induces infringement, or contributes to infringement of a Licensed Patent; or (B) which is made with, uses or incorporates any Technology.

  • Licensed Products means tangible materials which, in the course of manufacture, use, sale, or importation, would be within the scope of one or more claims of the Licensed Patent Rights that have not been held unpatentable, invalid or unenforceable by an unappealed or unappealable judgment of a court of competent jurisdiction.

  • Drug Product means a specific drug in dosage form from a known source of manufacture, whether

  • Hemp products means all products made from industrial hemp,

  • Licensed Compounds means: (a) Research Program Active Compounds; (b) Novartis Active Compounds; (c) salts, hydrates, solvates, esters, metabolites, intermediates, stereoisomers and polymorphs of Research Program Active Compounds or Novartis Active Compounds; and (d) prodrugs of Research Program Active Compounds or Novartis Active Compounds (any of the foregoing, a “Licensed Compound”).

  • New Products means any product which is not an Enhanced Product or 2 Existing Product but which is substantially similar to an Existing Product with respect to design and function and possesses reasonable performance improvements. If Company desires to purchase an Enhanced or New Product(s) from Supplier, Company shall so notify Supplier and provide Supplier the opportunity to manufacture such Enhanced or New Product(s), subject to the following conditions and procedures.

  • Aerosol Product means a pressurized spray system that dispenses product ingredients by means of a propellant contained in a product or a product's container, or by means of a mechanically induced force. “Aerosol Product” does not include “Pump Spray.”

  • Product means any deliverable under the Contract, which may include commodities, services, technology or software.

  • Biological product means a virus, therapeutic serum, toxin, antitoxin, vaccine, blood, blood component or derivative, allergenic product, protein other than a chemically synthesized polypeptide, or analogous product, or arsphenamine or any derivative of arsphenamine or any other trivalent organic arsenic compound, applicable to the prevention, treatment, or cure of a disease or condition of human beings.

  • Collaboration Product means a pharmaceutical product containing or comprising Compound in any dosage form alone, or in combination with, one or more other pharmaceutically active ingredients, and any and all Improvements thereto.

  • Tobacco product means any substance containing tobacco leaf, including but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, blunts, clove cigarettes, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body by inhalation; but does not include any cessation product specifically approved by the U.S. Food and Drug Administration for use in treating nicotine or tobacco dependence.

  • medicinal product means any substance or combination of substances presented for treating or preventing disease in human beings or animals and any substance or combination of substances which may be administered to human beings or animals with a view to making a medical diagnosis or to restoring, correcting or modifying physiological functions in humans or in animals;

  • Generic Product means a product which (a) contains as its active pharmaceutical ingredient a compound that is (or is substantially the same as) the Licensed Compound, and (b) has been placed on the market pursuant to a validly granted marketing authorization.

  • Licensed Compound means [***].

  • Licensed producer means an agent, broker, or reinsurance intermediary licensed pursuant to the applicable provision of the insurance law of any jurisdiction.

  • Biosimilar Product means, with respect to a Licensed Product and on a country-by-country basis, a product that [***].

  • Spray buff product means a product designed to restore a worn floor finish in conjunction with a floor buffing machine and special pad.

  • Royalty Product means, either (a) an Alnylam Royalty Product, or (b) an Inex Royalty Product.

  • complex product means a product which is composed of multiple components which can be replaced permitting disassembly and re-assembly of the product.

  • Cannabis product means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

  • Non-Microsoft Product means any third-party-branded software, data, service, website or product, unless incorporated by Microsoft in a Product.

  • Marijuana product means marijuana as defined in 50-32-101 and marijuana-infused products

  • SAP Products means Software, Documentation, SAP Materials, Services, Subscription Services, Cloud Services and Maintenance Services. “SAP SDK” means SAP software development kit that includes tools such as APIs, source code, redistributable files and instructions. “Services” means SAP’s then-current services offered under and described in detail in the applicable SAP PartnerEdge Model.