Common use of Back Royalties Clause in Contracts

Back Royalties. Based on Licensee’s representation and warranty to Licensors that Licensee and its Affiliates Sales or other provision of Licensed Products prior to the Release Date was substantially as set forth on Exhibit C (excepting refurbished products and certain end devices agreed upon by the parties) attached hereto (“Past Sales”), Licensee has agreed to the royalty rate and the Initial Payment, Minimum Payments and Closing Payment set forth in Section 3.1 for Licensed Products as compensation intended to also cover any Past Sales. This term does not extend beyond the term of every Licensed Patent in Exhibit A. Licensee shall have no additional obligation to pay royalties for Past Sales other than by satisfaction of the payment terms set forth in Section 3.1.