Common use of CROSS-LICENSING Clause in Contracts

CROSS-LICENSING. After the Closing Date, FEI shall not be required, without the approval of FEI's board of directors, to participate in any specific cross licensing, pooling or other patent sharing or licensing agreement or arrangement entered into by Philips covering patents and patent applications generated in FEI's Business before the Closing Date or by FEI thereafter which includes in the field of use to which such agreement or arrangement relates FEI's Business or the PEO Business; provided, however, that FEI hereby agrees to participate in broad scope cross license agreements, which are license agreements that apply to several fields of activity of the parties thereto, of which FEI's Business and the PEO Business are beneficiaries without requiring that any field of use exclusion be included with respect to FEI's Business and the PEO Business. FEI and PIE hereby agree that FEI's patents and patent applications will be subject to the existing cross licensing, pooling and other patent sharing or licensing agreements or arrangements of Philips which by their terms would apply to FEI and that in respect of all of its and PEO Group's patents and patent applications FEI will on the Closing Date and thereafter grant to Philips a fully paid up, royalty free non-exclusive right and license, with right to sublicense not within the scope of FEI's Business or the PEO Business, to make, have made, use, sell or otherwise dispose of any product not in the scope of FEI's Business or the PEO Business; provided, however, that with respect to broad scope license agreements of which FEI's Business and the PEO Business are beneficiaries, Philips' right to sublicense shall not be limited to fields of use outside the scope of FEI's Business or the PEO Business.

Appears in 2 contracts

Sources: Combination Agreement (Fei Co), Combination Agreement (Philips Electronics N V)