Licensor Covenant. Licensor hereby covenants not to bring a cause of action, suit or claim or remedy of any kind in any court or tribunal of competent jurisdiction against Licensee or its direct or indirect Customers, based on their manufacture, use or sale of improvements to Licensed Products invented by Licensee, any claim of infringement of any claim of a patent on an invention that is first conceived by Licensor after disclosure by Licensee to Licensor of the Licensed Products where the claimed invention was conceived by Licensor both (a) in the course of development of improvements to the Licensed Products and (b) as a result of access to confidential information disclosed hereto. Additionally, Licensor hereby covenants not to bring a cause of action, suit, or claim or remedy of any kind in any court or tribunal of competent jurisdiction against Licensee or its direct or indirect customers, based on their manufacture, use or sale of improvements to Licensed Products, any existing patents of Licensor related to the Licensed Products.
Appears in 2 contracts
Sources: Sole and Exclusive License Agreement, Sole and Exclusive License Agreement (POSITIVEID Corp)