Product Portfolio Sample Clauses
The Product Portfolio clause defines the range of products or services that are covered under the agreement. It typically lists or references specific items, product lines, or categories that the contract applies to, and may outline procedures for adding or removing products from the portfolio over time. This clause ensures both parties have a clear understanding of which products are included, thereby preventing disputes and providing a framework for managing changes to the covered offerings.
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Product Portfolio. 6.1 DS will provide to IBM all DS products that replace or obsolete any existing products licensed to IBM, (including versions, releases, updates, corrections, and enhancements, whether under the existing brand/product family designation or a different brand/product family designation), made Generally Available from time to time by DS to customers or the DS business partners' network. For the purpose of this Section 6.1,"Generally Available" is defined as the general release of software as commercially available, directly or through licensees or business partners, for use by end user customers, but does not include any products provided solely as a 'beta' version or created for a limited set of end users, or products available online (however, to the extent those products would have a media distribution version they will be available to IBM under this Amendment). IBM and DS will negotiate in good faith a floor royalty amount per product based on the list price of the product and applying the royalty split corresponding to the coverage model. If DS makes a change in their business model such that a future product(s) is made available online, the parties will negotiate in good faith a possible participation of IBM in such service.
6.2 Announcement and availability of DELMIA and ENOVIA MatrixOne products will be on a mutually agreed schedule with DS product golden code and product information to be provided within three (3) months from the execution date of this Amendment.
6.3 For DELMIA and ENOVIA MatrixOne, product launch roles, responsibilities, deliverables and schedule will be governed by the 1996 Agreement, and existing IBM/DS joint processes.
6.4 For all DS brands/product families, the products, releases, enhancements and corrections provided by DS to IBM will be at the latest level and on the same schedule as DS provides to their direct and indirect licensees.
6.5 The coverage model for ENOVIA MatrixOne will move to IBM covered for all accounts listed in Exhibit 1, when MatrixOne applications will be integrated within ENOVIA VPLM applications, subject to certification by DS of an agreed upon number of IBM sales representatives.
Product Portfolio. In the case of actual or potential overlap in the products portfolios of each of the Parties and their Subsidiaries, the decision to continue or discontinue a product shall be vested with the established governance bodies/authorized managers of the Parties and their relevant Subsidiaries at the level of the product portfolio management. The Party whose product is discontinued shall be allocated an indemnity calculated as set forth in Annex 1 Pricing Method 4. For the avoidance of doubt, such indemnity is not subject to the limitations of Section 10.2. The relevant governance bodies/authorized managers shall inform and provide the relevant information to the Steering Committee of the decisions taken and of the amount of the indemnity and its hypothesis of calculation. The Steering Committee shall review the relevant decision to continue or discontinue a portfolio product of each Party and/or its relevant Subsidiaries. In the event the Steering Committee cannot agree on the value of the aforementioned indemnity, the dispute resolution mechanism referred to in Section 5.3.2 shall apply.
Product Portfolio. The Company shall not sell any branded items other than Products without the approval of members of the Board of Directors of the Company representing a Supermajority. The Company shall have a right of first refusal to add to Products any new brands introduced by GXB.
Product Portfolio. The markets will require TV transmitters with different technologies, depending on the transmitter power output required by the end use customer. Due to today’s strengths of both parties, in different technologies, the following common portfolio, available within the companies, will be used to serve the markets: Acrodyne will provide all kinds of high power television transmitters in the UHF and VHF frequency ranges with *****. These are expected to serve the market requirements above *****. Acrodyne will also continue to manufacture and market its translator and low power television transmitter products *****. Additionally Acrodyne will develop *****. To obtain a maximum level of synergy and optimize the use of development resources R&S will provide Acrodyne with *****. *****. Acrodyne will incorporate the ***** for these new products from R&S. R&S will provide all types of medium power television transmitters with *****. These products are expected to serve *****. If the market requires higher output power in solid state both parties will mutually agree upon on such products. This common product portfolio will require a joint effort of both parties exchanging a knowledge of their respective products, technologies and market requirements, which shall be defined in a separate agreement within 90 days of this Marketing and Sales Agreement coming into force.