Licensed VSI/WSS Products. In the event VSI/WSS acquires a VSI/WSS Acquired Entity or the products, services, technology, customers, or other assets thereof pursuant to Section 3.1(iii), then the VSI/WSS Acquired Entity’s Web Analytics products, services, and technology will be considered Licensed VSI/WSS Products under this Agreement as of the effective date of the acquisition if and only if, within thirty (30) business days after the effective date of such acquisition, VSI/WSS pays NetRatings the VSI/WSS Acquisition Royalties, if any, contemplated by Section 3.1(iii) and provides the royalty statement regarding such VSI/WSS Acquired Entity required under Section 3.6. If VSI/WSS does not timely pay NetRatings the required VSI/WSS Acquisition Royalties, if any, and timely provide the Section 3.6 royalty statement, then the VSI/WSS License granted in this Agreement shall not extend to any products, services, or technology developed, created or offered by the VSI/WSS Acquired Entity, including to the extent any products, services or technology developed, created or offered by the VSI/WSS Acquired Entity are incorporated into any of the Licensed VSI/WSS Products, until such time as such required VSI/WSS Acquisition Royalties, if any, are paid, and such Section 3.6 royalty statements are provided, to NetRatings. Nothing in this Section 16 or otherwise shall preclude VSI/WSS from combining, merging, bundling or incorporating any unlicensed product, service or technology into or with a Licensed VSI/WSS Product (or any portion thereof) if such unlicensed product, service or technology does not, by itself, infringe any claim of any NetRatings Patent, and the license granted in this Agreement shall continue to extend to such Licensed VSI/WSS Product notwithstanding any such combining, merging, bundling or incorporating.
