Licensed Program. Customer may terminate the license to any Licensed Program by providing DS with at least thirty (30) days prior written notice. Such notice may be provided at any time for perpetual licenses and thirty (30) days prior to the applicable renewal date for term based licenses. Absent such notification and unless otherwise stated in the applicable OST, the term based license shall automatically renew.
Licensed Program. Customer may terminate the license to any Licensed Program by providing written notice. Such notice may be provided at any time for perpetual licenses. Notices for term licenses must be provided thirty (30) days prior to the applicable renewal date. Absent such notification and unless otherwise stated in the applicable OST, the license shall automatically renew.
Licensed Program. (i) With respect to each Split Program or Co-Commercialized Program, following the end of the Discovery Term for such Licensed Program, except as otherwise expressly set forth in this Agreement or mutually agreed by the Parties:
Licensed Program. Customer may terminate the license to any Licensed Program by providing written notice. Such notice may be provided at any time for perpetual licenses.
Licensed Program. Subject to the terms of this Agreement, effective upon the Clearance Date for the *** Licensed Program, MacroGenics hereby grants Gilead (a) an exclusive, royalty-bearing, non-transferable (except in accordance with Section 15.4) license, with the right to sublicense (subject to Section 4.3), under MacroGenics’ and its Affiliates’ interests in MacroGenics IP and Joint IP, to Research, Develop, Manufacture and Commercialize, Program DARTs (other than Diagnostics) and Licensed Products from the *** Licensed Program in the Gilead Territory in the Field; and (b) an exclusive, royalty-bearing (to the extent provided in Section 8.5.3), non-transferable (except in accordance with Section 15.4) license, with the right to sublicense (subject to Section 4.3), under MacroGenics’ and its Affiliates’ interests in MacroGenics IP and Joint IP, to Research, Develop, Manufacture and Commercialize Diagnostics for use solely with Program DARTs and Licensed Products from the *** Licensed Program in the Gilead Territory in the Field.
Licensed Program. The Licensed Program is the Program set forth on Exhibit A.
Licensed Program. The computer program(s), consisting of a series of instructions or statements in machine readable, object code form only, licensed to Licensees by Licensor pursuant to License Agreements.
Licensed Program. Upon the effective date of termination or expiration of any license granted hereunder, (i) Customer shall immediately destroy or return all copies of all Releases of the terminated or expired Licensed Program and associated Documentation in their entirety and (ii) Customer shall duly certify the same in writing to No Magic.
Licensed Program. As used in the BNI Agreement and this Agreement, the term "Licensed Program" shall mean the BNI C.L.A.S.S. computer program, which is the "Licensed Program" (as such term is defined in the BNI Agreement), as modified by the "Agreed Changes"
Licensed Program. Customer may terminate the license to any Licensed Program by providing DS with at least thirty (30) days prior written notice. Such notice may be provided at any time for perpetual licenses and thirty (30) days prior to the applicable renewal date for term based licenses. Absent such notification and unless otherwise stated in the applicable OST, (;&(37 )25 '6¶6 SE/CT,ION$5%.2,H/ER,EO7F < '861¶'6(th5e te rm based license shall automatically renew. MAXIMUM LIABILITY FOR DAMAGES SHALL NOT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY CUSTOMER FOR THE LICENSED PROGRAM OR THE ONLINE SERVICES WHICH CAUSED THE DAMAGES IN THE PRECEDING TWELVE (12) MONTH-PERIOD PRIOR TO THE OCCURRENCE OF THE CAUSE OF ACTION GIVING RISE TO THE CLAIM. DS SHALL HAVE NO LIABILITY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION CLAIMS FOR LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF DATA, THAT IN ANY WAY RELATE TO THIS AGREEMENT, ANY DS OFFERING, DOCUMENTATION OR SERVICES, WHETHER OR NOT DS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. THE LIMITATIONS STATED IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT (INCLUDING, BUT NOT LIMITED TO, BREACH OF WARRANTY), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY. Customer waives any and all claims related to this Agreement or any DS Offerings or Documentation or services provided hereunder, for any direct, indirect, incidental or consequential damages, on any basis, against any DS licensors or any DS Group Company other than DS. Any legal action against DS must be filed with the appropriate judicial jurisdiction within two (2) years after the applicable cause of action has arisen.
