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.
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Examples of Covered Qualcomm Functionality in a sentence

  • With respect to each Qualcomm Protected Product that is a Qualcomm Evolution Component, the covenant not to Assert in Section 7.2(a) applies only to Covered Qualcomm Functionality in such Qualcomm Evolution Component.

Related to Covered Qualcomm Functionality

  • quality (functionality means the totality of features and characteristics of a product or service that bear on its ability to satisfy stated or implied needs F.1.4 Communication and employer’s agentEach communication between the employer and a tenderer shall be to or from the employer's agent only, and in a form that can be read, copied and recorded. Writing shall be in the English language. The employer shall not take any responsibility for non-receipt of communications from or by a tenderer. The name and contact details of the employer’s agent are stated in the tender data. F.1.5 The employer’s right to accept or reject any tender offer F.1.5.1 The employer may accept or reject any variation, deviation, tender offer, or alternative tender offer, and may cancel the tender process and reject all tender offers at any time before the formation of a contract. The employer shall not accept or incur any liability to a tenderer for such cancellation and rejection, but will give written reasons for such action upon written request to do so. F.1.5.2 The employer may not subsequent to the cancellation or abandonment of a tender process or the rejection of all responsive tender offers re-issue a tender covering substantially the same scope of work within a period of six months unless only one tender was received and such tender was returned unopened to the tenderer. F.2 Tenderer’s obligations F.2.1 EligibilitySubmit a tender offer only if the tenderer satisfies the criteria stated in the tender data and the tenderer, or any of his principals, is not under any restriction to do business with employer. F.2.2 Cost of tenderingAccept that the employer will not compensate the tenderer for any costs incurred in the preparation and submission of a tender offer, including the costs of any testing necessary to demonstrate that aspects of the offer satisfy requirements. F.2.3 Check documentsCheck the tender documents on receipt for completeness and notify the employer of any discrepancy or omission. F.2.4 Confidentiality and copyright of documentsTreat as confidential all matters arising in connection with the tender. Use and copy the documents issued by the employer only for the purpose of preparing and submitting a tender offer in response to the invitation. F.2.5 Reference documentsObtain, as necessary for submitting a tender offer, copies of the latest versions of standards, specifications, conditions of contract and other publications, which are not attached but which are incorporated into the tender documents by reference. F.2.6 Acknowledge addendaAcknowledge receipt of addenda to the tender documents, which the employer may issue, and if necessary apply for an extension to the closing time stated in the tender data, in order to take the addenda into account. F.2.7 Clarification meetingAttend, where required, a clarification meeting at which tenderers may familiarize themselves with aspects of the proposed work, services or supply and raise questions. Details of the meeting(s) are stated in the tender data. F.2.8 Seek clarificationRequest clarification of the tender documents, if necessary, by notifying the employer at least five working days before the closing time stated in the tender data. F.2.9 InsuranceBe aware that the extent of insurance to be provided by the employer (if any) might not be for the full cover required in terms of the conditions of contract identified in the contract data. The tenderer is advised to seek qualified advice regarding insurance. F.2.10 Pricing the tender offer F.2.10.1 Include in the rates, prices, and the tendered total of the prices (if any) all duties, taxes (except Value Added Tax (VAT), and other levies payable by the successful tenderer, such duties, taxes and levies being those applicable 14 days before the closing time stated in the tender data. F2.10.2 Show VAT payable by the employer separately as an addition to the tendered total of the prices.

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