Modified Products definition
Examples of Modified Products in a sentence
Seller will use its best efforts to assure that all Products that are modified after the Effective Date (“Modified Product(s)”) shall be “compatible” (as defined herein) in such modified form with all hardware and software utilized by Buyer in conjunction with such Modified Products (including monitoring software) prior to the modification thereof (collectively, “Existing Systems”).
In all cases where Seller cannot assure that Modified Products will be compatible with Existing Systems, Seller will provide Buyer with ninety (90) days written notice in advance of Seller’s implementation of such modification, and will use its best efforts to continue to manufacture compatible Products.
Section 3.1, EPMP LLC agrees that it will dedicate sufficient personnel, materials and facilities to diligently develop Modified Products under this Agreement in accordance with the relevant Development Plan.
If requested by Buyer, EPMP LLC shall develop Modified Products as provided in Article 3.
For clarity, the foregoing license expressly excludes the right for FibroGen to file for Regulatory Approval for any of the Products or Modified Products, and any right to Commercialize any of the Products or Modified Products.
ESS hereby agrees that the pricing for Modified Product(s) shipped by ESS and accepted by Komodo, shall be the total of: (i) [*****] for the underlying ESS Base Product(s) corresponding with such Modified Product(s), and (ii) the proportional increase in integrated circuit die size.
Standard stock items The following products are returnable only in the case of defect, Enclosures, Custom or Specially Modified Products.
The Parties acknowledge and agree that any and all Intellectual Property Rights that arise out of such modification of the ESS Base Products (resulting in the Modified Products and any derivatives thereof) by or for Komodo, whether by ESS or a third party, shall be solely owned by Komodo and ESS hereby assigns any and all rights that it might have to such modifications and derivatives to Komodo.
Prior to Commercialization, on a semi-annual basis, Licensee will provide to Licensor the most updated prototype versions of the Software, any Derivative Works and any License Modified Products, without any implied reps or warranties; provided that, where no such improvements have been made since the version last provided to Licensor, Licensee will instead provide to Licensor written certification that no improved versions of the Software, Derivative Works or Licensee Modified Products exist.
During the term of this Agreement, Licensee will provide to Licensor one complete copy of any and all commercial versions, including revised versions, of the Software, any Derivative Works, and any Licensee Modified Products, including but not limited to executable code, source code, programmer documentation and End User documentation at the time it is made available to End Users directly or indirectly by Licensee or any Sub-Licensee.