First Commercial Shipment definition

First Commercial Shipment means the first commercial shipment of product by the Company to ultimate end-users located in a standard metropolitan statistical area with an aggregate population of at least 1,000,000 persons.

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First Commercial Shipment as to each Licensed System Appendix means the earlier of (a) EFI's first internal use of a Licensed System described in a Licensed System Appendix other than for development or testing, and (b) shipment of such Licensed System to a third party.

First Commercial Shipment means the shipment to one (1) customer of any commercial nucleotide sequencing platform, comprising both an instrument and related consumables, that utilizes the Sequencing by Binding Technology (a “Product”). A Product shall be considered commercial if it is promoted and invoiced as a commercial release.

Examples of First Commercial Shipment in a sentence

• JetFax warrants that the JetFax Software and the HP Exclusive Features, for a period of [...***...] after the Date of First Commercial Shipment (the "Warranty Period"), will perform substantially in accordance with the applicable Acceptance Criteria when used in conjunction with the HP Product.

• The provisions of this Section 5.1 shall commence on the date of the First Commercial Shipment and terminate at such time as all Holders are permitted to resell the Registrable Securities held by them in a single three month period without restriction pursuant to Rule 144 promulgated under the Securities Act.

• Except in the case where this Agreement is terminated prior to the Date of First Commercial Shipment, HP shall have the right to retain a reasonable number of copies of the JetFax Software and use such JetFax Software only to the extent required for support and maintenance purposes.

• For the longer of: (1) the Term of this Agreement, or (2) [*]years after First Commercial Shipment and subject to the terms of this Agreement, EZchip will be entitled to receive, free of charge Technical Support for Marvell Product (as defined below) sold to EZchip under this Agreement via email and, when necessary, by phone (the “Technical Support”).

• SEC shall notify the PSIP technical coordinator specified in each applicable LSA at least ninety (90) days prior to the earlier of i) SEC's first internal use the Revised Object Code other than for development or testing, and ii) distribution of such Revised Object Code to a third party, except between SEC and its Subsidiary or between Subsidiaries for resale (hereinafter the "First Commercial Shipment").

• EFI shall not make the First Commercial Shipment of a Licensed System, and any updated version thereof until acceptance by Adobe of the EFI Deliverables.

• KONICA shall notify PEERLESS at least * (*) days prior KONICA's First Commercial Shipment of the Authorized KONICA Device.

• After conducting such review, PSIP shall notify SEC in writing either that it certifies the Revised Object Code or proposed Designated Output Device or elects to submit the Revised Object Code or Designated Output Device to further testing and certification by Adobe before it can be approved for First Commercial Shipment.

• Adobe shall be entitled to test the machine readable version of the Revised Object for each Licensed System prior to First Commercial Shipment and prior to First Commercial Shipment of a Licensed System containing an engineering change order (ECO) or prior to effectiveness of a field change order (FCO) affecting such Revised Object for a Licensed Systems previously approved by Adobe.

• Peerless shall not distribute any Peerless SDK, and OEM Customer shall not begin First Commercial Shipment of any Revised Object prior to certification of the relevant Peerless SDK or Licensed System by Adobe pursuant to Exhibit F ("Licensed System Test Procedures").

More Definitions of First Commercial Shipment

First Commercial Shipment means the earlier of (a) OEM Customer's first internal use of Revised Object other than for development or testing, and (b) distribution of such Revised Object to a third party as part of a Licensed System.

First Commercial Shipment or “FCS” means the first date on which a party ships the first commercially released version of a Joint Product to a non-Affiliate customer (excluding demonstration, test, evaluation, beta and other pre-commercial products).

First Commercial Shipment or "FCS" of a product or service shall mean the first commercial release of the PeopleSoft Product to third party customers. For the avoidance of doubt, First Commercial Shipment, or FCS, shall not include trial, "Beta," or similar shipments that are not commonly considered commercial release on a general basis to third party customers.