No Implied Licenses; Retained Rights. Except as explicitly set forth in this Agreement, neither Party grants any license, express or implied, under its intellectual property rights to the other Party, whether by implication, estoppel or otherwise.
No Implied Licenses; Retained Rights. No license or other right is or shall be created or granted hereunder by implication, estoppel, or otherwise. All licenses and rights are or shall be granted only as expressly provided in this Agreement. All rights not expressly granted by a Party under this Agreement are reserved by such Party and may be used by such Party for any purpose.
No Implied Licenses; Retained Rights. No license or other right is or shall be created or granted hereunder by implication, estoppel, or otherwise. All licenses and rights are or shall be granted only as expressly provided in this Agreement. All rights not expressly granted by GlobeImmune under this Agreement are reserved by GlobeImmune and may be used by GlobeImmune for any purpose.
No Implied Licenses; Retained Rights. Each Party acknowledges that the rights and licenses granted under this Article II and elsewhere in this Agreement are limited to the scope expressly granted. Accordingly, except for the rights expressly granted under this Agreement, no right, title, or interest of any nature whatsoever is granted whether by implication, estoppel, reliance or otherwise, by either Party to the other Party. Without limiting the obligations hereunder (including the exclusivity set forth in Section 2.4), all rights with respect to Know-How, Patents or other Intellectual Property that are not specifically granted herein are reserved to the owner thereof, and specifically, Pfenex retains all rights under the Pfenex Technology to (a) Commercialize, Product outside the Territory, (b) conduct development activities with respect to Product (and components thereof including the Drug Substance) worldwide, solely to support development and Commercialization of Product outside the Territory and (c) engage and authorize [***]Certain confidential information contained in this document, marked by brackets, has been omitted because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed. Third Parties to conduct the activities described in clauses (a) and (b). Alvogen agrees that it will not, and it will ensure that its Affiliates will not, and it will not grant any Sublicensee the right to, use or otherwise exploit the Pfenex Technology, except as expressly licensed and permitted in this Agreement.
No Implied Licenses; Retained Rights. Each Party acknowledges that the licenses granted under this Article 6 are limited to the scope expressly granted, and all other rights to Patents and Know-How licensed hereunder are expressly reserved to the Party granting the license to such Patents or Know-How. Without limiting the foregoing, it is understood that where an exclusive license under Patents or Know-How is granted to a Party under this Article 6 for a particular purpose, the Party granting such license retains all of its rights to such Patents or Know-How for all purposes not expressly licensed.
No Implied Licenses; Retained Rights. No right or license under any Patents or Information of either Party is granted or shall be granted by implication. All such rights or licenses are or shall be granted only as expressly provided in the terms of this Agreement. Tracon hereby expressly reserves all rights under the Licensed Technology not expressly licensed to Santen in Section 2.1, including all rights with respect to Tracon Products, all rights outside the Field and all rights to make and have made Compounds for use for any purpose other than in the manufacture of Products in the Field for the Territory. With respect to the RPCI Patents, RPCI Licensor and the U.S. government have retained rights to use the RPCI Patents as provided in the RPCI Agreement. Santen hereby expressly reserves all rights under the Santen Technology not expressly licensed to Tracon in Section 2.5 (including the limitations set forth in Section 2.3(c)) and, except as set forth in Section 9.3(c)(i), all rights under the Santen Technology to manufacture Products or the Compound used in the manufacture of Products for use in development and commercialization of Products in the Field in the Territory.
No Implied Licenses; Retained Rights. Other than those rights and licenses explicitly granted herein, no right or license under the Hybridon Intellectual Property is granted to Isis or its Subsidiaries or Sublicensees. Notwithstanding the rights and licenses granted herein, Hybridon shall retain its rights under the Hybridon Intellectual Property for all purposes, including without limitation its rights to discover, develop, make, have made, use, sell, have sold, offer to sell, import and have imported Antisense Products, to practice Antisense Technology and to license or sublicense Hybridon Intellectual Property; provided, that, except for licenses and sublicenses provided under the Third Party License Agreements, Hybridon and its Subsidiaries shall not grant any Naked Sublicenses of the Hybridon Antisense Patent Rights to any third parties (other than Subsidiaries).
No Implied Licenses; Retained Rights. No right or license under any Patents or Know-How of either Party is granted or shall be granted by implication. All such rights or licenses are or shall be granted only as expressly provided in the terms of this Agreement. Duality hereby expressly reserves all rights not expressly licensed to Licensee in Section 2.1, including (i) all rights under the Duality Licensed IP with respect to the Licensed Compound and Original ADC Licensed Products in the Retained Territory, subject to Licensee’s co-exclusive license as set forth in Section 2.1(b), (ii) all rights under the Duality Licensed IP to exercise its rights or perform its obligations under this Agreement, and (iii) all rights under the Duality Licensed IP to conduct Development activities in the Territory for the sole purpose of Developing or Commercializing the Original ADC Licensed Products in the Field in the Retained Territory; provided that any such Development activities in the Territory in relation to the Original ADC Licensed Product and Licensed Compound shall be undertaken for Duality by Licensee or its Affiliates, or Sublicensees or Licensee’s designated subcontractors.
No Implied Licenses; Retained Rights. No right or license under any Intellectual Property Rights of Arena is granted or shall be granted by implication. All such rights or licenses are or shall be granted only as expressly provided in the terms of this Agreement. Arena hereby expressly reserves all rights under the Product IP not expressly licensed to UT in this Section 1.1. Arena reserves (A) the exclusive rights under the Category 2 Product IP for purposes of compounds, products, services or technologies, expressly (1) excluding, during the Category 2 Exclusivity Period, for purposes of the Compounds and Products (including to research, develop, make, have made, use, offer for sale, sell, import and otherwise distribute and dispose of the Compounds and Products), and (2) subject only to the non-exclusive license granted to UT in Section 1.1(b), and (B) the exclusive rights under the Category 3 Product IP for all purposes, subject only to the non-exclusive license granted to UT in Section 1.1(c). In addition, the rights and licenses under the Product IP in the Everest Territory that are granted to UT in this Section 1.1 are subject to the rights under such Product IP that are expressly granted by Arena (or by UT following UT’s assumption of the Everest License under Section 6.4(b)) to Everest Medicines Limited under the Everest License or under any Permitted Lien to the extent granted as of the date hereof for the Everest Territory (“Everest Rights”); provided that upon the expiration or termination of any Everest Rights or Permitted Liens, the licenses to UT under this Section 1.1 shall no longer be subject to the expired or terminated Everest Rights or Permitted Liens. Arena (itself and with or through any Affiliate or Third Party) shall have the right under Product IP to conduct any activities required to be conducted by or on behalf of Arena under this Agreement or the Related Agreements as expressly provided therein.
No Implied Licenses; Retained Rights. No license or other right is or shall be created or granted hereunder by implication, estoppel or otherwise. All such licenses and rights are or shall be granted only as expressly provided in this Agreement. All rights not expressly granted hereunder are reserved by Otsuka and may be used by Otsuka for any purpose. Without limiting the foregoing, Otsuka retains any and all rights under the Licensed IP to develop, make, have made, use, sell, offer for sale, have sold or import or otherwise exploit any product for use outside of the Field or outside the Territory.
