North America. If Company is located (as evidenced by the License Certificate) in the United States of America or Canada, the Licensing Entity of Product is stipulated as: Trend Micro Incorporated, 000 X. Xxxx Xxxxxxxxx Freeway, Suite 1500, Irving, TX 75062, USA. The Parties agree that this Agreement is solely and exclusively governed by the laws of the State of New York, USA. The Parties agree that the provisions of the Uniform Computer Information Transactions Act (“UCITA”), as it may have been or hereafter may be in effect in any jurisdiction, shall not apply to this Agreement, and the Parties waive any and all rights they may have under any laws(s) adopting UCITA in any form. The Parties mutually agree to and do hereby irrevocably submit and consent to the sole and exclusive in personam jurisdiction of: (a) the United States District Court for the Southern District of New York, located in the County of New York, but if such court shall determine that it does not and cannot have subject matter jurisdiction over such action, matter, or proceeding; then to, (b) the Supreme Court of the State of New York, located in the County of New York that will have such sole and exclusive in personam jurisdiction over such action, matter, or proceeding. In Canada, the following language shall apply hereto: The Parties have required that this Agreement be drawn up in English and have also agreed that all notices or other documents required by or contemplated in this Agreement be written in English. Les Parties ont requis que cette convention soit rédigée en anglais et ont également convenu que tout avis ou autre document exigé aux termes des présentes ou découlant de l'une quelconque de ses dispositions sera préparé en anglais.
North America. North America means the United States of America or its territories or possessions or Canada.
North America. Rights to market, sell and distribute the Collaboration Products in North America shall be as follows:
North America. Canada Xxxxx University Institute for Scientific Computation inter-faculty Graduate School of System Informatics 2016.12.01
North America. Subject to Section 12.3.3 below, Introgen shall have the exclusive right to supply Collaboration Products for sale in North America.
North America. If Distributor resides (or is headquartered, if Distributor is a business) in North America (inclusive of United States, Canada, Mexico, United States territories and possessions, and United States military bases wherever located), then this Agreement shall be governed by and construed pursuant to the laws of California, U.S.A., unless preempted by U.S. federal law, regardless of conflict of law rules. Distributor irrevocably consents to the exclusive jurisdiction and venue of the courts in Santa Xxxxx County, California.
North America. C.2.1 Subject to the remaining provisions of this paragraph C.2 and to paragraph D below, the Writer will pay to the Theatre a share of the Gross Revenue deriving from the exploitation of the following rights at the percentages set out below:
North America. Liability within North America;
North America. In the event that a Joint Venture is formed for a Collaboration Product in North America pursuant to Section 7.3.1, all royalties due third parties for the manufacture, use or sale of Collaboration Products in North America, and [*] of all license fees, milestone payments and other payments made to third parties under licenses or agreements with respect to patent rights or technologies incorporated in the Collaboration Products, shall be deducted from the resulting revenues to the Joint Venture prior to determining the profits to be shared by Introgen and RPRP from such North American sales as set forth in Section 7.3.2; provided that both RPRP and Introgen approved such license or agreement. If both RPRP and Introgen do not approve such license or agreement, the patent rights or technologies covered thereby shall not be included within the Introgen Technology or RPRP Technology licensed to the Joint Venture.
North America. Subject to Section 12.1 above, CG shall have the exclusive right to supply, or have supplied all Collaboration Products to be used in North America, including quantities to be used (i) to perform the Development Program, and (ii) for commercial sale in North America.
