Common use of Exclusivity Commitments Clause in Contracts

Exclusivity Commitments. (a) EMED shall have the exclusive right to use ----------------------- and sublicense software developed or owned by AWARE for Medical Use to the extent set forth herein. From the date of this Agreement until the termination of exclusivity as provided in Section 6.01, 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 Web Software or any modification or improvement of the Web Software or (ii) any other dynamic HTML or plug-in product that is developed, owned or licensed by AWARE. 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 to third parties for Medical Use or any other purpose. (b) From the date of this Agreement until the termination of exclusivity as provided in Section 6.01, AWARE will be the exclusive supplier to EMED of web- based image viewing and distribution software for use in EMED products. EMED will not independently develop any such software and will not include any such software (other than that developed by or in cooperation with AWARE under this Agreement) in the Web Product or any product that is competitive with the Web Product. The parties understand and agree that home, diagnostic and intensive care unit viewers are complementary to the Web Product and are therefore not within the scope of the foregoing restrictions.

Exclusivity Commitments. (a) EMED shall have the exclusive right to ------------------------ use ----------------------- and sublicense software developed or owned by AWARE for Medical Use to the extent set forth herein. From the date of this Agreement until the Confidential Treatment termination of exclusivity as provided in Section 6.01, 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 Web Software or any modification or improvement of the Web Software or (ii) any other dynamic HTML or plug-in product that is developed, owned or licensed by AWARE. 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 to third parties for Medical Use or any other purpose. (b) From the date of this Agreement until the termination of exclusivity as provided in Section 6.01, AWARE will be the exclusive supplier to EMED of web- web-based image viewing and distribution software for use in EMED products. EMED will not independently develop any such software and will not include any such software (other than that developed by or in cooperation with AWARE under this Agreement) in the Web Product or any product that is competitive with the Web Product. The parties understand and agree that home, diagnostic and intensive care unit viewers are complementary to the Web Product and are therefore not within the scope of the foregoing restrictions.