LICENSING PROVISIONS Clause Samples

LICENSING PROVISIONS. (a) The licenses granted herein also include licenses to (i) make, have made, use and import machines, tools, materials and other instrumentalities, insofar as such machines, tools, materials and other instrumentalities are involved in or incidental to the development, manufacture, testing or repair of LICENSED PRODUCT(S) which are or have been made, used, leased, owned, sold or imported by or for the grantee of such license; and (ii) convey to any customer of the grantee, with respect to any LICENSED PRODUCT(S) which is sold or leased by such grantee to such customer, rights to use, resell, or repair such LICENSED PRODUCT(S) as sold or leased by such grantee (whether or not as part of a larger combination); provided, however, that no rights may be conveyed to customers with respect to any invention which is directed to (1) a combination of such LICENSED PRODUCT (as sold or leased) with any other product, (2) a method or process which is other than the inherent use of such LICENSED PRODUCT itself (as sold or leased), or (3) a method or process involving the use of a LICENSED PRODUCT to manufacture (including associated testing) any other product. Notwithstanding the foregoing, licenses granted herein to INTRALASE do not include any licenses to make, use, sell, offer for sale, have made, import, or lease any products to or for any company listed on Appendix B by virtue of being a party in a patent infringement action with AGERE or any of its RELATED COMPANIES. (b) Licenses granted herein to INTRALASE are not to be construed either (i) as consent by the grantor to any act which may be performed by the grantee, except to the extent impacted by a patent licensed herein to the grantee, or (ii) to include licenses to contributorily infringe or induce infringement under U.S. law or a foreign equivalent thereof. (c) The grant of each license hereunder includes the right to grant sublicenses within the scope of such license to a party’s RELATED COMPANIES for so long as they remain its RELATED COMPANIES and only to the extent that such RELATED COMPANIES grant to the other party licenses of similar scope and duration as provided in this Agreement. Any such sublicense granted hereunder may be made effective retroactively, but not prior to the Effective Date hereof, nor prior to the sublicensee’s becoming a RELATED COMPANY of such party. The parties agree that if either party forms a holding company for patents licensed herein, that party shall cause such holding compa...

LICENSING PROVISIONS. COMPANY acknowledges that Product is distributed to End Users subject to the terms of the applicable Microsoft End User License Agreement. COMPANY shall make commercially reasonable efforts to prevent distribution of Product to End Users who intend to copy or reproduce the Product in violation of the Microsoft End User License Agreement.

LICENSING PROVISIONS. LTB assures that the test is conducted in compliance with the ICAO standards, implemented in EU / EASA regulations and Austrian national law. (Only applicable to non- EU candidates:) The candidate is responsible to check with his relevant competent licensing authority if the test standards of LTB will be accepted for the issue of a license proficiency endorsement.

LICENSING PROVISIONS. During the initial and any renewal terms: (i) Cellemetry grants Company a non-transferable, non-exclusive license to market the Cellemetry(R) Data Service in conjunction with Applications and Services. This license shall be limited to the Specified Market and Geographic Scope (Territory) designated below. In the event that Company wishes to provide Services using Cellemetry(R) Data Service in any other market or territory, it must request from Cellemetry a separate license covering such new areas. Cellemetry shall retain the right to consider such request in its own discretion. [Text has been omitted pursuant to a request for confidential treatment. The omitted material has been filed separately with the SEC.] Company agrees that it will not sell or provide any Application that has not been submitted to Cellemetry for certification and certified by Cellemetry. Cellemetry will conduct certification in a reasonably prompt manner, pursuant to reasonable objective technical standards. MARKET DEFINITION. [Text has been omitted pursuant to a request for confidential treatment. The omitted material has been filed separately with the SEC.]

LICENSING PROVISIONS. The recipient shall not acquire any intellectual property rights under this Agreement, except the right to limited used of information as set forth and specified above. The Recipient acknowledges and understands that, as between the Owner and the Recipient, the informaiton and all related intellectual property rights are, and shall, at all times, be, the property of the Owner, even if suggestions, comments, or ideas made by the Recipient are incorporated into the confidential information or related materials during the validity of this Agreement.

LICENSING PROVISIONS. 8.1. In the event that the completed Work displays the characteristics of a copyright work within the meaning of Act No. 618/2003 Coll. on Copyright, Rights Related to Copyright, as amended (the Copyright Act), the Parties agree to treat such a Work as work created within the meaning of Section 39 of the Copyright Act. 8.2. Contractor as the author of this Work in accordance with § 40 of the Copyright Act is granting the Client an exclusive license to use the work on all kind of purposes without any further substantive, quantitative, territorial or time limitations. The Client is also granted the option to provide sublicenses to third parties providing the purpose of the sublicense is to execute the Contractor´s project or more effective usage of the license related to the project implementation or license will be used more efficiently. The Contractor shall authorise the Client to exercise the right to use the work also for purposes other than those resulting herefrom. 8.3. The payment for the use of the Work shall be treated as included in the total fee under Point 2 hereof, and the Contractor shall not be entitled to any additional payment for the creating of the work and for the use of the rights associated with the Work. The Contractor shall not be entitled to use such Work by itself or to grant a licence to any third party. 8.4. If the Contractor as the author of the Work violates within or after the effectiveness of the contract intellectual property rights of third parties, the Contractor is obligated to settle all such claims of third parties and fulfill any obligations resulting from it. Contractor cannot claim these damages against the Client.

LICENSING PROVISIONS. This Exhibit 3 is hereby attached to and incorporated into the MSA between DGC and SUPPLIER and sets forth the provisions applicable to each and every PROJECT ATTACHMENT involving DGC's procurement of LICENSED PROGRAM from SUPPLIER.

LICENSING PROVISIONS. 5.46.1 At all times during the Period of this Lease where such is required for the Permitted Use to procure that the Necessary Licences are valid and in existence in the name of the Tenant and to apply for and use all reasonable endeavours to obtain all and any renewals of the Necessary Licences and to pay for the same as and when necessary; 5.46.2 To observe and perform all undertakings given to the Licensing Authorities in respect of the Property and/or the Business and the Necessary Licences and to observe any lawful conditions from time to time attached to the Necessary Licences; 5.46.3 Not to do anything on the Property or elsewhere or omit to do anything whereby the Tenant (and/or any agent or employee of the Tenant as its nominee) renders itself liable to conviction for any offence which may be adverse to or have an adverse effect on the Necessary Licences and/or the Permitted Use; 5.46.4 Not to do anything on the Property or elsewhere whereby the Necessary Licences may become forfeit, void, revoked or subject to any other restriction; 5.46.5 To obtain the consent of the Licensing Authorities where required for any works to the Property; 5.46.6 If Necessary Licences are in existence at the expiry or termination of this Lease the Tenants shall, or shall procure that their nominees shall, to the extent that it is then competent to do so, at or prior to expiry of this Lease complete a form consenting to the transfer of the Necessary Licences in terms provided by the Landlord and shall endorse every Necessary Licence or execute all necessary documentation required to effect any such transfer on termination of this Lease; 5.46.7 It is hereby agreed between the Landlord and the Tenant that in the event that the Licensing Authorities refuse to grant, renew or transfer the Necessary Licences or if the Tenant refuses or neglects to apply for grant, renewal or transfer of the same or if the Licensing Authority grant the same but subject to conditions which are unacceptable in the opinion of the Landlord, it shall be lawful for the Landlord or its nominee to appeal against any such refusal or grant subject to conditions as aforesaid and effect such renewal or grant in the name of the Tenant; and 5.46.8 The Tenant shall procure that all persons named as licensees in the Necessary Licences comply with the Tenant’s obligations under this Lease.

LICENSING PROVISIONS. Fulcrum further acknowledges that the licensing provisions contained in each PO shall be subject to all of the terms and conditions set forth in such PO.