Examples of HIVD Field in a sentence
Applera may resume sales of such product if Applera or its customers are no longer (or are not) infringing Celera’s intellectual property rights in the HIVD Field, unless otherwise prohibited herein.
Applera shall not commercialize, directly or through a distributor, ASRs or kits for performing human testing in the HIVD Field for HIV, HCV, HBV, [***], CT, NG, Factor V, Factor II, [***], CF, HLA, Fragile X, and [***], for a period of three (3) years following the Effective Date, subject to Section 3.9 hereof.
In addition, Celera may only sell products resulting from the Maui Project for use in the HIVD Field.
Applera and Celera agree that (i) the human in vitro diagnostics business of Celera includes research and development activities toward commercialization of products and services in the HIVD Field and (ii) the restrictions imposed on Applera pursuant to this Agreement shall not prevent Applera from conducting its own research and development activities in the HIVD Field at any time during the term of this Agreement.
This Agreement and the rights hereunder are non-delegable and non-assignable by Siemens without the prior written approval of Celera, provided, however, that Siemens may assign this Agreement, without Celera’s prior approval, to an Affiliate or to a Third Party that acquires all or substantially all of the assets and business of Siemens relating to the detection, measurement or other determination of nucleic acid sequences in the HIVD Field.
Siemens shall not make any arrangement or enter into any agreement with a Third Party or an Affiliate of a Third Party, either of which is engaged in the global sales of products in the HIVD Field, in order for such Third Party or its Affiliate to act as a co-marketer with Siemens of Licensed Real-Time Thermal Cyclers or Licensed Reagent Products or both.
Without limiting the foregoing, at ABG’s request, Epoch shall provide to ABG a customer referral code that ABG may provide to Customers to allow such Customers to present the same to Epoch so as to identify such Customers as entitled to receive the foregoing HIVD Field Customer License on the foregoing terms.
Siemens shall not promote, e.g., in advertisements, catalogs, brochures, sales literature and promotional literature, the use of Licensed Real-Time Thermal Cyclers or Licensed Reagent Products in fields outside of the HIVD Field.
Celera is prepared to grant license rights under the foregoing patent rights in the HIVD Field, as defined below.
Epoch shall grant to ABG’s customers, whether referred by ABG, identified to Epoch by name, or otherwise presenting evidence of having purchased Licensed Products from ABG (“Customers”) a non-exclusive, world-wide, royalty-bearing license to use Licensed Products purchased from ABG in the HIVD Field (each, an “HIVD Field Customer License”).