Common use of Technical Consultation Clause in Contracts

Technical Consultation. The Parties desire to facilitate the efficient development and distribution of Approved Complete ICQ Applications, and therefore desire to consult with one another during the process of designing and planning Developer’s Candidate Applications. Accordingly, upon development of initial designs and specifications for any particular Candidate Application, IXI may, at its election, submit such designs and specifications to ICQ for purposes of soliciting feedback regarding the same. ICQ shall provide such feedback and development support to IXI as ICQ, in its sole discretion, shall determine. Such feedback that is (a) specific to Developer’s design or user interface related to its Candidate Application; (b) in writing; and (c) labeled as “Technical Feedback” shall be considered “Technical Feedback.” Subject to the provisions of Section 11.3 (to the extent the Technical Feedback contains or makes reference to ICQ’s Confidential Information), IXI shall be free to use, disclose, reproduce, license or otherwise distribute and exploit the Technical Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. Subject to Section 19.13, IXI agrees that it will not, without ICQ’s prior written consent, use the Technical Feedback in advertising, publicity, or otherwise, or refer to such Technical Feedback in press releases, advertising, or materials distributed to prospective customers.

Technical Consultation. The Parties desire to facilitate the efficient development and distribution of Approved Complete ICQ [*] Applications, and therefore desire to consult with one another during the process of designing and planning Developer’s Candidate Applications. Accordingly, upon development of initial designs and specifications for any particular Candidate Application, IXI may, at its election, submit such designs and specifications to ICQ [*] for purposes of soliciting feedback regarding the same. ICQ [*] shall provide such feedback and development support to IXI as ICQ[*], in its sole discretion, shall determine. Such feedback that is (a) specific to Developer’s design or user interface related to its Candidate Application; (b) in writing; and (c) labeled as “Technical Feedback” shall be considered “Technical Feedback.” Subject to the provisions of Section 11.3 (to the extent the Technical Feedback contains or makes reference to ICQ[*]’s Confidential Information), IXI shall be free to use, disclose, reproduce, license or otherwise distribute and exploit the Technical Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. Subject to Section 19.13, IXI agrees that it will not, without ICQ[*]’s prior written consent, use the Technical Feedback in advertising, publicity, or otherwise, or refer to such Technical Feedback in press releases, advertising, or materials distributed to prospective customers.