COMBINATION EXCLUSION Sample Clauses

COMBINATION EXCLUSION. (a) Except as expressly provided herein, no license or immunity is granted under this Agreement by Palm, either directly or by implication, estoppel or otherwise to any third parties acquiring PalmSource Products from PalmSource for the combination of such PalmSource Products with other items or for the use of such combination.
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COMBINATION EXCLUSION. Except as expressly provided herein, no license or immunity is granted under this Agreement by MRV, either directly or by implication, estoppel or otherwise to any third parties acquiring Luminent Products from Luminent for the combination of such Luminent Products with other items or for the use of such combination. Notwithstanding the previous sentence, MRV grants to the direct and indirect customers of Luminent, an immunity from suit under Certain Luminent Patents for the combination of any such Luminent Products with other Luminent Products and their use in such combination where the Luminent Products have no other substantial noninfringing use aside from the combination with other Luminent Products sold or otherwise transferred by Luminent directly or indirectly to such customer.
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COMBINATION EXCLUSION. Except as expressly provided herein, no license or immunity is granted under this Agreement by 3Com, either directly or by implication, estoppel or otherwise to any third parties acquiring Palm Products from Palm for the combination of such Palm Products with other items or for the use of such combination. Notwithstanding the previous sentence, 3Com grants to the direct and indirect customers of Palm, an immunity from suit under the Galahad Patents for the combination of any such Palm Products with other Palm Products and their use in such combination where the Palm Products have no other substantial noninfringing use aside from the combination with other Palm Products sold or otherwise transferred by Palm directly or indirectly to such customer.
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COMBINATION EXCLUSION. 6 3.5 PALM'S SUBLICENSE RIGHTS WITH RESPECT TO GALAHAD PATENTS............................................7 3.6 DURATION............................................................................................7 3.7 ACQUISITION OF PALM OR TRANSFER OF A BUSINESS OR SUBSIDIARY RELATED TO GALAHAD PATENTS...............................................................7 TABLE OF CONTENTS (CONTINUED)
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COMBINATION EXCLUSION. 6 Section 3.5 LUMINENT'S SUBLICENSE RIGHTS WITH RESPECT TO CERTAIN LUMINENT PATENTS....................................................................6 Section 3.6 DURATION...................................................................6
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COMBINATION EXCLUSION. 7 Section 3.5 LUMINENT'S SUBLICENSE RIGHTS WITH RESPECT TO CERTAIN LUMINENT PATENTS............................................................. 7 Section 3.6 DURATION............................................................ 7 Section 3.7 ACQUISITION OF LUMINENT OR TRANSFER OF A BUSINESS OR SUBSIDIARY RELATED TO CERTAIN LUMINENT PATENTS...................... 7 Section 3.8 COPIES OF PATENT APPLICATIONS AND INVENTION DISCLOSURES............. 8 Section 3.9 THIRD PARTY PATENTS................................................. 9 Section 3.10 MRV COVENANT NOT TO SUE............................................. 9 Section 3.11 LUMINENT COVENANT NOT TO SUE....................................... 10
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COMBINATION EXCLUSION. Section 3.5 OPTICAL ACCESS'S SUBLICENSE RIGHTS WITH RESPECT TO CERTAIN OPTICAL ACCESS PATENTS.............................................6 Section 3.6 DURATION...................................................................7 Section 3.7 ACQUISITION OF OPTICAL ACCESS OR TRANSFER OF A BUSINESS OR SUBSIDIARY RELATED TO CERTAIN OPTICAL ACCESS PATENTS....................7 Section 3.8 COPIES OF PATENT APPLICATIONS AND INVENTION DISCLOSURES....................8 Section 3.9 THIRD PARTY PATENTS........................................................8 Section 3.10 MRV COVENANT NOT TO SUE....................................................8 Section 3.11 OPTICAL ACCESS COVENANT NOT TO SUE........................................10
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COMBINATION EXCLUSION. Except as expressly provided herein, no license or immunity is granted under this Agreement by MRV, either directly or by implication, estoppel or otherwise to any third parties acquiring Optical Access Products from Optical Access for the combination of such Optical Access Products with other items or for the use of such combination. Notwithstanding the previous sentence, MRV grants to the direct and indirect customers of Optical Access, an immunity from suit under Certain Optical Access Patents for the combination of any such Optical Access Products with other Optical Access Products and their use in such combination where the Optical Access Products have no other substantial noninfringing use aside from the combination with other Optical Access Products sold or otherwise transferred by Optical Access directly or indirectly to such customer.
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Related to COMBINATION EXCLUSION

  • Combination Products If a LICENSED PRODUCT is sold to any third party in combination with other products, devices, components or materials that are capable of being sold separately and are not subject to royalties hereunder (“OTHER PRODUCTS,” with the combination of products being referred to as “COMBINATION PRODUCTS” and the Other Product and Licensed Product in such Combination Product being referred to as the “COMPONENTS”), the NET SALES of such LICENSED PRODUCT included in such COMBINATION PRODUCT shall be calculated by multiplying the NET SALES of the COMBINATION PRODUCT by the fraction A/(A+B), where A is the average NET SALES price of such LICENSED PRODUCT in the relevant country, as sold separately, and B is the total average NET SALES price of all OTHER PRODUCTS in the COMBINATION PRODUCT in the relevant country, as sold separately. If, in any country, any COMPONENT is not sold separately, NET SALES for royalty determination shall be determined by the formula [C / (C+D)], where C is the aggregate average fully absorbed cost of the Licensed Product components during the prior Royalty Period and D is the aggregate average fully absorbed cost of the other essential functional components during the prior Royalty Period, with such costs being determined in accordance with generally accepted accounting principles. To the extent that any SUBLICENSE INCOME relates to a COMBINATION PRODUCT or is otherwise calculated based on the value of one or more licenses or intellectual property rights held by the COMPANY, an AFFILIATE or SUBLICENSEE, COMPANY shall determine in good faith and report to THE PARTIES the share of such payments reasonably attributable to COMPANY’s or such AFFILIATE’s sublicense of the rights granted hereunder, based upon their relative importance and proprietary protection, which portion shall be the SUBLICENSE INCOME. THE PARTIES shall have the right to dispute such sharing determination in accordance with the dispute provisions of the AGREEMENT.

  • Combination Product The term “

  • Non-Exclusivity The services of the Adviser to the Manager, the Allocated Portion and the Trust are not to be deemed to be exclusive, and the Adviser shall be free to render investment advisory or other services to others and to engage in other activities. It is understood and agreed that the directors, officers, and employees of the Adviser are not prohibited from engaging in any other business activity or from rendering services to any other person, or from serving as partners, officers, directors, trustees, or employees of any other firm or corporation.

  • Non-Exclusive The services of the Administrator rendered to the Trust are not deemed to be exclusive. The Administrator is free to render such services to others. The Administrator shall not be deemed to be affected by notice of, or to be under any duty to disclose to the Trust or Person acting on the Trust’s behalf, information which has come into its possession or the possession of an Interested Party in the course of or in connection with providing administrative or other services to any other person or in any manner whatsoever other than in the course of carrying out its duties pursuant to this Agreement.

  • Non-exclusivity, Etc The rights of Indemnitee hereunder will be in addition to any other rights Indemnitee may have under the Charter, the Bylaws or the Maryland General Corporation Law (the "MGCL") or otherwise; provided, however, that to the extent that Indemnitee otherwise would have any greater right to indemnification under any provision of the Charter or Bylaws as in effect on the date hereof, Indemnitee will be deemed to have such greater right hereunder, and provided, further, that to the extent that any change is made to the MGCL (whether by legislative action or judicial decision), the Charter and/or the Bylaws which permits any greater right to indemnification than that provided under this Agreement as of the date hereof, Indemnitee will be deemed to have such greater right hereunder. The Company will not adopt any amendment to the Charter or the Bylaws the effect of which would be to deny, diminish or encumber Indenmitee's right to indemnification under the Charter, the Bylaws, the MGCL or otherwise as applied to any act or failure to act occurring in whole or in part prior to the date upon which the amendment was approved by the Company's Board of Directors and/or its stockholders, as the case may be.

  • Non-Exclusivity of Services The Manager is free to act for its own account and to provide investment management services to others. The Fund acknowledges that the Manager and its officers and employees, and the Manager's other funds, may at any time have, acquire, increase, decrease or dispose of positions in the same investments which are at the same time being held, acquired or disposed of under this Agreement for the Fund. Neither the Manager nor any of its officers or employees shall have any obligation to effect a transaction under this Agreement simply because such a transaction is effected for his or its own account or for the account of another fund. Fund agrees that the Manager may refrain from providing any advice or services concerning securities of companies for which any officers, directors, partners or employees of the Manager or any of the Manager's affiliates act as financial adviser, investment manager or in any capacity that the Manager deems confidential, unless the Manager determines in its sole discretion that it may appropriately do so. The Fund appreciates that, for good commercial and legal reasons, material nonpublic information which becomes available to affiliates of the Manager through these relationships cannot be passed on to Fund.

  • Services Non-Exclusive Nothing in this Agreement shall prevent the Cash Manager from rendering or performing services similar to those provided for in this Agreement to or for itself or other persons, firms or companies or from carrying on business similar to or in competition with the business of the Mortgages Trustee, Funding or the Security Trustee.

  • Combination If a decrease has been effected in the number outstanding Shares by reason of a combination or reclassification of Shares, the number of Option Shares which may thereafter be purchased under this Option shall be the number of Shares which the Optionee would have been deemed to hold as a result of such combination or reclassification had the Optionee been the holder of record of the Option Shares immediately prior to such combination or reclassification. In such event, the exercise price per Option Share shall be proportionately increased.

  • Non-Exclusive License NCPS grants Company a revocable, non-exclusive, non-transferable and non-sublicensable license during the Term to view-only access the PPEX ATS through the PPEX Site and its related software and other applications and technology for the sole purpose of viewing information about Company and Company Securities and Trades of Company Securities. This license is in addition to the license Company has and is required to maintain during the Term (as defined below) with NCPS’s affiliate, North Capital Investment Technology, Inc., for TransactAPI pursuant to a separate Software and Services License Agreement (“SSLA”). The technology covered by the licenses outlined in this Section 2 is collectively referred to herein as the “Technology”.

  • Non-Exclusive Management Sub-Adviser, its officers, employees, and agents, may have or take the same or similar positions in specific investments for their own accounts, or for the accounts of other clients, as the Sub-Adviser does for the Fund. Adviser expressly acknowledges and understands that Sub-Adviser shall be free to render investment advice to others and that Sub-Adviser does not make its investment management services available exclusively to Adviser or the Fund. Nothing in this Agreement shall impose upon the Sub-Adviser any obligation to purchase or sell, or to recommend for purchase or sale, for the Fund any security which the Sub-Adviser, its principals, affiliates or employees, may purchase or sell for their own accounts or for the account of any other client, if in the reasonable opinion of the Sub-Adviser such investment would be unsuitable for the Fund or if the Sub-Adviser determines in the best interest of the Fund such purchase or sale would be impractical.

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