Marketing Authority. HP will have the authority to market the OEM ------------------- Products and any HP Products containing the OEM Products to the extent it deems appropriate, in its sole discretion. Without limiting the generality of the foregoing sentence, nothing in this Agreement will be construed or interpreted to place a "best efforts" obligation upon HP *Material has been omitted pursuant to a request for confidential treatment. Such material has been filed separately with the Securities and Exchange Commission. with respect to marketing the HP Products or OEM Products or preclude HP from independently developing, purchasing, licensing, or marketing any product which performs the same or similar function as the OEM Products. HP will have the right to use its then current standard form business and license terms for all marketing and distribution of the OEM Products and HP Products.
Marketing Authority and its Affiliates shall have the right to use their own business and license terms for all sales, marketing and distribution of the Products acquired by them.
Marketing Authority. EMACHINES shall have the right to use its own ------------------- business and license terms for all marketing and distribution of the Products.
Marketing Authority. Philips will have the authority to market the OEM Products and the Philips Products containing the OEM Products to the extent it deems appropriate, in its sole discretion. Without limiting the generality of the foregoing sentence, nothing in this Agreement will be construed or interpreted to place a "best efforts" obligation upon Philips with respect to marketing the Philips Products or OEM Products or preclude Philips from independently developing, purchasing, licensing, or marketing any product which performs the same or similar function as the OEM Products. Philips will have the right to use its own business and license terms for all marketing and distribution of the OEM Products and Philips Products.
Marketing Authority. Subject to the territorial limitations set forth in Section 3.1 above, Agilent will have the authority to market the OEM Products and the Agilent Products containing the OEM Products to the extent it deems appropriate, in its sole discretion. Without limiting the generality of the foregoing sentence, nothing in this Agreement will be construed or interpreted to place a “best efforts” obligation upon Agilent with respect to marketing the Agilent Products or OEM Products or preclude Agilent from independently developing, purchasing, licensing, or marketing any product which performs the same or similar function as the OEM Products. Agilent will have the right to use its own business and license terms for all marketing and distribution of the OEM Products and Agilent Products.
Marketing Authority a. Seller hereby grants to Buyer and its distributors, sub-distributors, field organization and channel partners: (1) the exclusive, perpetual, irrevocable, royalty-free right to promote, sell, resell, license, sub-license, distribute and service the Products listed as “Exclusive Products” on Attachment D and purchased from Seller on a world-wide basis; (2) the limited, non-exclusive, perpetual, irrevocable, royalty-free right to sell, resell, license, sub-license, distribute and service limited quantities of the Products listed as “BIS Sensors” on Attachment D and purchased from Seller on a world-wide basis solely to [**]; (3) the limited, non-exclusive, perpetual, irrevocable, world-wide, royalty-free right to sell, resell, license, sub-license, distribute and service [**] (as listed on Attachment D) solely to Buyer customers who have purchased a BIS/EEG Module Kit or BISx Kit provided that this single box of sensors is sold and delivered to the customer at the time of the purchase of the BIS module or BISx technology and (4) the non-exclusive, perpetual, irrevocable, royalty-free right to promote, sell, resell, license, sub-license, distribute and service all other Products purchased from Seller on a world-wide basis. The Products may be promoted, sold, resold, licensed, sublicensed and distributed by Buyer directly and/or indirectly through its distributors, sub-distributors, field organization and channel partners, and may be used Addendum 1 v 1.0 Initials: as components in, or be incorporated into, or integrated with, systems and products of Buyer, which Buyer, its distributors, sub-distributors, field organization and/or channel partners sell or lease to third party users in the regular course of business. The provisions of this Section 21(a) will survive any change in control of Seller and Seller agrees that, if it sells all or substantially all of the assets relating to the business that produces the Products, it will require that the purchaser of the assets agrees to assume this Agreement as well.
Marketing Authority. Subject to the terms and conditions contained in this agreement, HP shall have the worldwide, non-transferable, non-exclusive right to market the New HP Printer bundling the Program, provided that such marketing is consistent with the terms of this Agreement. Without limiting the generality of the foregoing sentence, nothing in this Agreement will be construed or interpreted to place a "best effort" obligation upon HP with respect to marketing the HP printers and the Program or preclude HP from independently, developing, purchasing, licensing or marketing any product which performs the same or similar function of the Program.
Marketing Authority. Subject to the terms and conditions contained in this agreement, HP shall have the worldwide, non-transferable, non-exclusive right to market the New HP Printer bundling the Program [ILLEGIBLE], provided that such marketing is consistent with the terms of this Agreement. Without limiting the generality of the foregoing sentence, nothing in this Agreement will be construed or interpreted to place a "best effort" obligation upon HP with respect to marketing the HP printers and the Program or preclude HP from independently, developing, purchasing, licensing or marketing any product which performs the same or similar function of the Program. 14 Revision 18/12/00 OEM SOFTWARE DEVELOPMENT AND LICENSE AGREEMENT No 12/00
Marketing Authority shall have the authority to market the OEM Products and the ********* Products containing the OEM Products to the extent it deems appropriate, in its sole discretion. Without limiting the generality of the foregoing sentence, nothing in this Agreement shall be construed or interpreted to place a "best efforts" obligation upon ********* with respect to marketing the ********* Products or OEM Products or preclude ********* from independently developing, purchasing, licensing, or marketing any product which performs the same or similar function as the OEM Products. ********* shall have the right to use its then current standard form business and license terms for all marketing of the OEM Products and ********* Products.
Marketing Authority. Supplier hereby grants to GEMS-IT the non-exclusive right to promote, sell and distribute OEM Products worldwide. GEMS-IT shall only be excluded from selling the OEM Products in Japan. GEMS-IT will have the authority to market the OEM Products to the extent it deems appropriate, in its sole discretion. GEMS-IT will have the right to use its own business and license terms for all marketing and distribution of the OEM Products. The OEM Products will be marketed, serviced, and supported by GEMS-IT’s field organization and channel partners, subject to the marketing, service, and support obligations of Supplier pursuant to this Agreement.
