Common use of Exclusivity Commitments Clause in Contracts

Exclusivity Commitments. (a) The rights of ACCESS to use and ----------------------- sublicense software developed, owned or licensed by AWARE for Medical Use shall be exclusive to the extent set forth herein. From the Effective Date until the termination of exclusivity as provided herein, AWARE will not (except as expressly permitted by this Agreement) supply for Medical Use or permit any person to use for Medical Use (i) the Compression Software or any modification or improvement of the Compression Software, (ii) any other software developed, owned or licensed by AWARE that implements lossy compression of images, or (iii) any other software developed, owned or licensed by AWARE that provides functionality similar to the Joint Product contemplated by Article III. AWARE will take reasonable steps to assure compliance with this exclusivity commitment by third parties to whom AWARE provides software. Notwithstanding anything contained in this Agreement, AWARE may provide its ADSL, SDSL, HFC and any other general data communication product (not including lossy compression) to third parties for Medical Use or any other purpose.

Exclusivity Commitments. (a) The rights of ACCESS to use and ----------------------- ------------------------ sublicense software developed, owned or licensed by AWARE for Medical Use shall be exclusive to the extent Confidential Treatment set forth herein. From the Effective Date until the termination of exclusivity as provided herein, AWARE will not (except as expressly permitted by this Agreement) supply for Medical Use or permit any person to use for Medical Use (i) the Compression Software or any modification or improvement of the Compression Software, (ii) any other software developed, owned or licensed by AWARE that implements lossy compression of images, or (iii) any other software developed, owned or licensed by AWARE that provides functionality similar to the Joint Product contemplated by Article III. AWARE will take reasonable steps to assure compliance with this exclusivity commitment by third parties to whom AWARE provides software. Notwithstanding anything contained in this Agreement, AWARE may provide its ADSL, SDSL, HFC and any other general data communication product (not including lossy compression) to third parties for Medical Use or any other purpose. (b) [*Redacted pursuant to a Confidential Treatment Request dated September 10, 1999.