Existing NUTEK Owned Products Involving ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Clause Samples

Existing NUTEK Owned Products Involving ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇. Kaire shall internationally sell, market and distribute, any all products owned by NUTEK as of the date this Agreement is executed, which involve in any way, shape or fashion ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇. Other than the ▇▇▇▇▇▇▇▇▇▇.▇▇▇ Internet site, during any period in which this agreement is in effect, any all products owned by NUTEK, as of the date this Agreement is executed, which involve in any way, shape or fashion ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, may only be sold on the following internet world wide web addresses: (1) ▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ and (2) NUTEK owned internet sites. The costs that NUTEK charges Kaire for products in Section 1 of this Agreement shall not change during the existence of this agreement or any subsequent period thereof. NUTEK shall pay ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ any and all royalties owed or which may become due as compensation for any and all sales of existing products. Development and Production of Videos, Fitness Equipment and Fitness/Training Manuals. Both Kaire and NUTEK shall have the right to invest up to 50% (fifty percent) of the development and production costs necessary to create future fitness videos, fitness equipment, and fitness/training manuals which involve ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇. The percentage to which Kaire and NUTEK each contribute for said development and production costs relative to the overall development and production costs shall determine each entity's ownership interest in the final product. Each entity shall have the right to market said products in any responsible way necessary for the promotion and sale of the product. Said marketing costs shall be considered a "development and production cost" for the purposes of this Agreement. The marketing and/or promotion of any product in Section 2 on either the Kaire or NUTEK web site shall not be considered a "marketing cost" for the purpose of this Agreement. Regarding profits from II. (A.)(1-2) Profits for products sold on the ▇▇▇▇▇▇▇▇▇▇.▇▇▇ or any other internet web site owned by Kaire Holdings: 75 % to Kaire and 25 % to NUTEK. Royalties to ▇▇▇▇▇ Helevenston shall be paid according to the same 75/25 breakdown. Profits for products sold on the NUTEK Site or any other internet web site owned by NUTEK: 75 % to NUTEK and 25 % to Kaire. Royalties to ▇▇▇▇▇ Helevenston shall be paid according to the same 75/25 breakdown. Profits from 3rd party sales (or non-Kaire/NUTEK owned businesses) shall be split 50/50. Royalties to ▇▇▇▇▇ Helevenston shall be paid according to the same 50/50 breakdown.

Related to Existing NUTEK Owned Products Involving ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇

  • Existing Products Except as set forth below, Contractor shall retain all rights, title and interest in Existing Products.

  • AUDIT OF LICENSED PRODUCT USAGE Contractor shall have the right to periodically audit, no more than annually, at Contractor’s expense, use of licensed Product at any site where a copy of the Product resides provided that: (i) Contractor gives Licensee(s) at least thirty (30) days advance written notice, (ii) such audit is conducted during such party’s normal business hours, (iii) the audit is conducted by an independent auditor chosen on mutual agreement of the parties. Contractor shall recommend a minimum of three (3) auditing/accounting firms from which the Licensee will select one (1). In no case shall the Business Software Alliance (BSA), Software Publishers Association (SPA), Software and Industry Information Association (SIIA) or Federation Against Software Theft (FAST) be used directly or indirectly to conduct audits, or be recommended by Contractor; (iv) Contractor and Licensee are each entitled to designate a representative who shall be entitled to participate, and who shall mutually agree on audit format, and simultaneously review all information obtained by the audit. Such representatives also shall be entitled to copies of all reports, data or information obtained from the audit; and (v) if the audit shows that such party is not in compliance, Licensee shall be required to purchase additional licenses or capacities necessary to bring it into compliance and shall pay for the unlicensed capacity at the NYS Net Price in effect at time of audit, or if none, then at the Contractor’s U.S. Commercial list price. Once such additional licenses or capacities are purchased, Licensee shall be deemed to have been in compliance retroactively, and Licensee shall have no further liability of any kind for the unauthorized use of the software.

  • Third Party Products and Services Any third-party hardware, software and/or services that is delivered by ResMed for use either standalone or in conjunction with ResMed products and/or services, shall be subject to the third-party terms and conditions and/or license agreements between Customer and the third party. Such third-party hardware, software and/or services is provided by ResMed "AS IS," without any warranty of any kind. Any representations or warranties as to such hardware, software and/or services shall only be as granted by the applicable third parties, if any, that accompany such products and/or software and/or services. Any representations, warranties, or other similar obligations with respect to such third-party hardware, software and/or services flow directly from the third party to Customer and ResMed shall have no responsibility at all for any such representations, warranties, obligations or lack thereof.

  • Company Products Section 2.7(c) of the Company Disclosure Letter sets forth a list (by name and version number) of all products, software or service offerings of the Company or any of its Subsidiaries (collectively, “Company Products”) that are currently being sold, distributed, provided or otherwise disposed of, or which the Company or any of its Subsidiaries currently supports or is obligated to support or maintain, or any products or services under development which the Company intends to make commercially available within 12 months of the date hereof.

  • Computer Equipment Recycling Program If this Contract is for the purchase or lease of computer equipment, then Contractor certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328.