Licensed Consumer Products definition
Examples of Licensed Consumer Products in a sentence
The Parties specifically agree that nothing in this Agreement prevents Sisvel from seeking and obtaining royalties from any third party from or to which Licensee has purchased or Sold Licensed Consumer Products for which a royalty has not been paid, regardless of whether such products are listed in the royalty statement(s) attached to this Agreement.
By submitting a royalty statement to Sisvel in accordance with this Article 5, Licensee acknowledges and accepts the sole responsibility to accurately assess and report Licensed Consumer Products and that any royalty statement submitted to Sisvel reflects the proper and accurate basis for the calculation of royalties under Section 4.02.
The Licensed Consumer Products for which Licensee has no royalty payment obligation according to this Section 4.03 will not be considered when calculating the royalty due by Licensee according to Section 4.02, but they need to be listed in the royalty statements as per Section 5.
For each of the reports under Table (a) above, Licensee will specifically state the quantity of Licensed Consumer Products Sold or otherwise disposed of and the corresponding amount due to Sisvel.
Upon request from Sisvel, Licensee will provide documentation sufficient to demonstrate that any Licensed Consumer Products listed in the report under Table (c) above were purchased from or Sold to a third party licensed by Sisvel or all the DVB-T2 Patent Owners to Manufacture and Sell Licensed Consumer Products under the DVB-T2 Essential Patent Claims including, but not limited to, invoices showing such purchase or Sale.
Licensee understands and agrees that it is solely the obligation of Licensee to accurately assess and report to Sisvel the Licensed Consumer Products and royalties due under this Agreement.
Should Licensee breach Article 6 of this Agreement, by refusing or obstructing the audit described therein, any Licensed Consumer Products Manufactured, used, imported, offered for Sale, Sold, or otherwise disposed of after the day Sisvel has notified Licensee of this breach will not be covered by the license granted under Section 2.01 above, until Licensee cures all such breaches under this Agreement.
However, in cases where Sisvel is the plaintiff, Sisvel may at its sole discretion alternatively submit any such dispute to the competent courts in the venue of Licensee’s or Affiliates’ registered offices, or any of the competent courts where Licensee’s Licensed Consumer Products are Manufactured, used, imported, offered for Sale, Sold, or otherwise disposed of.
If Licensee fails to provide Sisvel with such documentation within ten (10) Days of Sisvel’s request, Licensee will pay royalties for all such Licensed Consumer Products for which no such documentation has been provided to Sisvel within fifteen (15) Days after the date of Licensee’s failure.
LICENSEE acknowledges that any product literature or studies related to Hydrolyzed Collagen Type II or Licensed Consumer Products made available to LICENSEE by BIOCELL are provided for the general convenience of the LICENSEE and do not constitute a warranty of the performance, suitability, or efficacy of Hydrolyzed Collagen Type II or Licensed Consumer Products when used by the LICENSEE.