Product Improvements. Leica, at its sole discretion, may issue, routinely without schedule or commitment, Software Updates, Software Upgrades and Hardware Upgrades. Certain Software Upgrades and Hardware Upgrades may require Customer to purchase additional equipment or hardware.
Product Improvements. The Licensor specifically reserves the right to make Upgrades (corrections or alterations for improvement or enhancement) to the MicroCosm® NavMsg Software. In the event the Licensor makes any Upgrades, the Licensee will have the right to obtain such Upgrades at the Licensor's standard prices then in effect for such Upgrades; provided, however, that if the Licensee wishes to purchase a particular Upgrade, the Licensee must purchase all Upgrades previously issued by the Licensor but not installed on the Licensee's copy of the MicroCosm® NavMsg Software; provided, further, that all such Upgrades which become available in a period for which the Licensee has purchased the Licensor's Annual Upgrade Maintenance Program (the "Maintenance Program") shall be provided to the Licensee at no additional charge; and, provided, further, that in the event the Licensee does not purchase the Maintenance Program for any period of time but then wishes to purchase the Maintenance Program, in addition to paying the fee for the Maintenance Program the Licensee must purchase all Upgrades issued prior to that time but not installed on the Licensee's copy of the MicroCosm® NavMsg Software. A prototype Certificate of Upgrade Maintenance is included as Attachment 2. Nothing contained in this License Agreement shall require the Licensor to make any Upgrades under any circumstances.
Product Improvements. COMPANY grants KNOLL, the exclusive right for sales in the Territory of Licensed Product Improvements (e.g., sustained release formulation, improved or new indications not included in the Field, formulations and strengths), contingent upon KNOLL reimbursing COMPANY for sixty (60%) percent of costs relating to clinical trials and other tests conducted primarily for benefit of the Territory and 1/3 of all other development costs which have a worldwide benefit, including any previous Licensed Product Improvement development costs incurred by COMPANY. For example, with respect to costs relating to clinical trials and other tests conducted and incurred primarily for the benefit of the Territory, KNOLL would reimburse COMPANY for sixty (60%) percent of such costs incurred by COMPANY, and COMPANY would reimburse KNOLL for forty (40%) percent of costs incurred by KNOLL. Where the benefits of the trials and costs are worldwide, KNOLL would pay 1/3 of such trials and costs incurred by COMPANY and COMPANY would reimburse KNOLL for 2/3 of costs incurred by KNOLL. However, KNOLL would not reimburse COMPANY for any costs where the trials and costs were conducted and incurred exclusively for the benefit of the United States, Puerto Rico or Japan. The overall development of Licensed Product Improvements will be conducted and controlled by COMPANY. In December 1996, KNOLL reimbursed CPEC $143,136.67 for one third of previous sustained release development costs (which totaled $429,500.00) and KNOLL will pay its share of future costs on a quarterly basis. In case KNOLL has no interest in a Licensed Product Improvement, COMPANY shall have no right to market such improved product in the Territory during the term of this Agreement unless hereinafter provided otherwise In case COMPANY has no interest in utilizing a Licensed Product Improvement outside of the Territory, KNOLL shall bear 60% of such development costs and COMPANY shall bear 40% of such development costs and COMPANY shall have no right to market such improved product outside the Territory during the term of this Agreement. COMPANY and KNOLL agree that a sustained release formulation is a Licensed Product Improvement which should be pursued. COMPANY has contracted with Jago Pharma AG, a Swiss corporation ("Jago") for the development of a sustained release formulation utilizing Jago's proprietary Geomatrix technology. COMPANY will xxxxx XXXXX the opportunity to present a proposal regarding the feasibility of utilizing...
Product Improvements. 3.6 FCA US acknowledges that the Customer Service Notifications it has implemented to remedy the Oil Consumption Defect, including specifically CSN W20, CSN W80, and CSN W84, represent part of the consideration to the Class in exchange for the Settlement in this Action.
Product Improvements. If, while the Sublicense remains in effect, Sublicensee should develop any Product Improvement, Sublicensee shall notify ECC of such Product Improvement within a reasonable time of, and in no event more than ninety (90) days after, its development and shall provide ECC with access to all information concerning such Product Improvement as ECC shall reasonably request; provided, however, that all such information shall be confidential and shall be subject to all restrictions on disclosure as set forth in this Agreement. Sublicensee shall assign to ECC all rights, title and interest in the Product Improvement for an assignment fee of $1,000.00, and ECC shall grant back to Sublicensee the non-exclusive right to utilize the Product Improvement within the Field of Use and within the Territory as if such Product Improvement were originally within the scope of the Sublicense. There shall be no royalty charged to Sublicensee for the right to utilize the Product Improvement. For a period of (i) one year from the date of commercialization of such Product Improvement, or (ii) two years from the date of the development of such Product Improvement, whichever is shorter, ECC shall not grant any right to utilize the Product Improvement within the Field of Use to any third party within the Territory. The failure of Sublicensee to disclose any such Product Improvement to ECC within the time period set forth above shall constitute a material breach of this Agreement.
Product Improvements. KIOTI reserves the right to make changes to its products at any time without notice and without incurring obligations with respect to making the same changes to products manufactured prior to this date of change.
Product Improvements. If Customer provides any feedback or requests any change or enhancement to ESAB Products, whether in the course of receiving support or consulting services, evaluating ESAB Products, performing beta testing or otherwise, any inventions, product improvements, modifications or developments made by ESAB (at ESAB’s sole discretion) will be the exclusive property of ESAB.
Product Improvements. Supplier will promptly advise Google of any Improvement in Supplier’s Technology related to the Products. “Improvement” means, without limitation, additional features, lower power consumption, higher speed, higher levels of integration, and shorter manufacturing time. At Google’s request, Supplier will discuss with Google the timeline and effect of incorporating an improved Technology in any Product.
Product Improvements. Product improvements, including but not limited to formulations improvements, identified, initiated or made by SM (“SM Improvements”) shall be the property of SM. SM Improvements may not be used by EDT or any of its Affiliates without the prior written consent of SM, except with Products sold to SM hereunder. SM Improvements will be incorporated in the Product, covered under this Agreement only by mutual and written agreement by both EDT and SM.
Product Improvements. 12.1 For purposes of this Section, "Assay Improvement Invention" shall mean any invention conceived or reduced to practice by Buyer or its Affiliates during the Term using Affymetrix Probe Arrays that relates to manual or automated assay techniques that may be used in connection with Probe Arrays or similar products, but only insofar as such techniques are used for and after nucleic acid extraction and up to and including annealing and washing hybridization mixtures with a Probe Array, but not to techniques used thereafter.
