Covered Qualcomm Functionality definition
Covered Qualcomm Functionality means, subject to subsection (i) below, functionality that Qualcomm can prove was incorporated into any Qualcomm Existing Component on or prior to the Introduction Deadline or any combination of functionality that Qualcomm can prove was incorporated into separate Qualcomm Existing Components on or prior to the Introduction Deadline. For example, if a Qualcomm Existing Component implemented the current version of 1xEV-DO Rev. A as of the Introduction Deadline and Qualcomm makes Commercially Available a Qualcomm Evolution Component after the Introduction Deadline that implements the current version of 1xEV-DO Rev. A and 1xEV-DO Rev. “X” (a later, different version of 1xEV-DO Rev. A that includes functionality that is not included in the current version of 1xEV-DO Rev. A) and the new 1xEV-DO Rev. “X” functionality was not included within any Qualcomm Existing Component as of the Introduction Deadline, then the implementation of the current version of 1xEV-DO Rev. A by the Qualcomm Evolution Component would be Covered Qualcomm Functionality to which the covenant in Section 7.2(a) would apply, but the implementation of 1xEV-DO Rev. “X” functionality that was not part of the 1xEV-DO Rev. A functionality implemented by such Qualcomm Existing Component would not be Covered Qualcomm Functionality, and the covenant in Section 7.2(a) would not apply to such new 1xEV-DO Rev. “X” functionality.
Covered Qualcomm Functionality means, subject to subsection (i) below, functionality that Qualcomm can prove was incorporated into any Qualcomm Existing Component on or prior to the Introduction Deadline or any combination of functionality that Qualcomm can prove was incorporated into separate Qualcomm Existing Components on or prior to the Introduction Deadline. For example, if a Qualcomm Existing Component implemented the current version of 1xEV-DO Rev. A as of the Introduction Deadline and Qualcomm makes Commercially Available a Qualcomm Evolution Component after the Introduction Deadline that implements the current version of 1xEV-DO Rev. A and 1xEV-DO Rev. “X” (a later, different version of 1xEV-DO Rev. A that includes functionality that is not included in the current version of 1xEV-DO Rev. A) and the new 1xEV-DO Rev. “X” functionality was not included within any Qualcomm Existing Component as of the Introduction Deadline, then the implementation of the current version of 1xEV-DO Rev. A by the Qualcomm Evolution Component would be Covered Qualcomm Functionality to which the covenant in Section 7.2(a) would apply, but the implementation of 1xEV-DO Rev. “X” functionality that was not part of the 1xEV-DO Rev. A functionality implemented by such Qualcomm Existing Component would not be Covered Qualcomm Functionality, and the covenant in Section 7.2(a) would not apply to such new 1xEV-DO Rev. “X” functionality.
(i) Covered Qualcomm Functionality for Portable Broadcast Devices. For purposes of determining Covered Qualcomm Functionality for Qualcomm Protected Products (a) incorporated into Portable Broadcast Devices, (b) that implement one or more Other Broadcast Standards in such Portable Broadcast Devices, and (c) that do not implement any portion of any MediaFLO Broadcast Standard, Covered Qualcomm Functionality will be limited solely to functionality implementing any one or more Other Broadcast Standards in Qualcomm Existing Components on or prior to the Introduction Deadline. This subsection (i) shall not be construed as limiting the covenant granted by Broadcom in Section 7.2(a) for any Qualcomm Protected Product that is not incorporated into a Portable Broadcast Device.
Examples of Covered Qualcomm Functionality in a sentence
For purposes of determining Covered Qualcomm Functionality for Qualcomm Protected Products (a) incorporated into Portable Broadcast Devices, (b) that implement one or more Other Broadcast Standards in such Portable Broadcast Devices, and (c) that do not implement any portion of any MediaFLO Broadcast Standard, Covered Qualcomm Functionality will be limited solely to functionality implementing any one or more Other Broadcast Standards in Qualcomm Existing Components on or prior to the Introduction Deadline.