Examples of CyberHeart Field in a sentence
The license granted in Section 2.1 includes the right for Licensee, without Licensor’s consent, to grant and authorize sublicenses to any Affiliate of Licensee and to customers and final end-users to use only (but no other right other than use) the Licensed Products solely in the CyberHeart Field, on commercially reasonable terms.
For clarity, the licenses granted to CyberHeart under this Agreement shall not be construed to prohibit or restrict Accuray or its Affiliates in any manner from exploiting the Accuray Patents or Accuray Technology for any purposes outside the CyberHeart Field.
Accuray shall reasonably take CyberHeart’s comments into account in filing and prosecuting the Accuray Patents that relate to the CyberHeart Field or any CyberHeart Product.
CyberHeart shall be responsible, at its expense, for any and all pre-clinical studies and clinical trials, and have the exclusive right to communicate with Regulatory Agencies and seek and obtain Regulatory Approvals, with respect to CyberHeart Products in the CyberHeart Field in any and all jurisdictions.
CyberHeart agrees to work primarily to develop a commercially-ready CyberHeart Product for use with the CyberKnife System in the CyberHeart Field, and to file an application for Regulatory Approval of such commercially-ready CyberHeart Product; provided, however, that Accuray provides commercially reasonable support that CyberHeart may require in support of such development (as set forth in Article 3 and Section 4.2.1) and filing (as set forth in Section 4.3).
This Section 10.2.3.2 shall not give Accuray the right to enforce any CyberHeart Patent against any Third-Party Infringement in the CyberHeart Field.
In addition to the initial Development Services contemplated in Section 3.2.1, Accuray agrees that it shall, to the extent reasonably requested by CyberHeart and agreed to by Accuray, provide subsequent Development Services during the Development Period under mutually agreed Statements of Work that shall enable CyberHeart to complete development of the CyberHeart Modules and CyberHeart Systems for applications in the CyberHeart Field.
In such event, CyberHeart, at its sole expense, shall have the right to assume the prosecution of any such Patent application and may continue to pay to maintain such issued Patent, in each case, that is within the Accuray Patents and relates to the CyberHeart Field or any CyberHeart Product.
Unless Accuray and CyberHeart otherwise agree, any amount recovered in any such suit or action, whether by judgment or settlement, shall be paid to and retained by Accuray, unless the Third-Party Infringement was in the CyberHeart Field.
For Third-Party Infringements in the CyberHeart Field, Accuray shall be reimbursed out of Accuray’s own recovery Accuray’s reasonable expenses (including without limitation attorney’s fees) and for any payments made to CyberHeart for any reasonable expenses incurred by CyberHeart in providing any assistance and cooperation requested by and provided to Accuray in connection with such suit or action.