THE LICENSED PRODUCT Sample Clauses

THE LICENSED PRODUCT. Unless LICENSEE has a Licensed Product available for commercial sale prior to [**], LICENSEE agrees that STANFORD may terminate this Agreement. Anytime after [**] years from the date of license, STANFORD may terminate this Agreement if ONTOGENY or a sublicensee has not sold a Licensed Product for a period of 1 year and is not demonstrably engaged in a research, development, manufacturing, marketing or licensing program, as appropriate, directed toward the development and commercialization of the licensed subject matter.
THE LICENSED PRODUCT. Subject to the provisions of this Software License Agreement, the Licensor grants to the Licensee the right to use the following software referred to as the “ICON-Software”. The ICON-Software includes the source code, ex- ecutable programs, run scripts and data files. Name: ICON modelling framework 1 http://www.mpimet.mpg.de/en/science/models/license/ Short description: Non-hydrostatic numerical model for the simulation of the amosphere, the ocean and the surface/soil. Access: The ICON-Software is accessible to the Licensee via a password protected server at MPI-M The ICON modelling framework is built up from several components (e.g. model data) which can be configured to obtain different model configura- tions. Depending on the version of the ICON modelling framework, differ- ent model configurations are provided to the Licensee. The Licensor reserves the right to modify the ICON modelling framework and releases new versions of it. Together with each new version of the ICON modelling framework, the Licensor can release a new version of this license. Each version of the ICON modelling framework must only be used with the corresponding version of this license. The ICON-Software consists and makes use of components / configurations being jointly developed and provided by the MPI-M and the DWD (see Sec- tion 2.1) as well as various other third party components (see Section 2.2) as set out in detail in the following sections.
THE LICENSED PRODUCT. It is agreed and understood that the product being licensed (the "Licensed Product") by this Agreement, refers to the use of the Trade Secrets, and subsequently to the Patent Rights -- if and when granted, for the sole purpose of developing and maintaining the third and subsequent generations of the Software, which will be designed to carry out the Real MonetizationTM process for any and all financial instruments that are defined directly in terms of the nominal United States Dollar (1.00 USD): all of which the Licensee may then:
THE LICENSED PRODUCT. St. Paul represents and warrants that (i) St. Paul is either the author of the Licensed Product and the St. Paul Documentation or has obtained and currently holds all rights necessary to grant the licenses and rights granted herein, (ii) the Licensed Product and the St. Paul Documentation have not been published under circumstances that have caused the loss of copyright therein; (iii) the Licensed Product and the St. Paul Documentation shall substantially conform to the Structural Definition and shall function on the machines and with the operating systems identified in the Structural Definition in accordance with same, (iv) the Licensed Product will not contain any virus, clock, time bomb, or other disabling device; (v) the Liscensed Product is year 2000 compliant; (vi)
THE LICENSED PRODUCT. The product supplied by Flowerfire (the "Licensed Product") consists of software programs ("Software"), related user documentation ("Documentation"), and any update thereof that Licensee may receive individually or collectively from Flowerfire or its Agent, including activation key(s) to enable profiles, plus any additional activation keys (add-ons) that may be purchased by Licensee from time to time to extend the functionality of the Licensed Product by enabling additional profiles. This definition of Licensed Product applies to all Flowerfire products howsoever the constituent items are delivered to Licensee, including by electronic delivery.
THE LICENSED PRODUCT a) The Data Feed that may be requested by the Client and referred to in this Agreement is set out in Schedule I and Schedule II.

Related to THE LICENSED PRODUCT

  • Licensed Product The term “Licensed Product” has the meaning set forth in the License Agreement.

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • Marking of Licensed Products To the extent commercially feasible and consistent with prevailing business practices, Company shall mark, and shall cause its Affiliates and Sublicensees to mark, all Licensed Products that are manufactured or sold under this Agreement with the number of each issued patent under the Patent Rights that applies to such Licensed Product.

  • Licensed Technology (a) Except as set forth on Exhibit D, LICENSOR, LICENSOR is not aware of any interference, infringement, misappropriation, or other conflict with any intellectual property rights of third parties, and LICENSOR has never received any charge, complaint, claim, demand, or notice alleging any such interference, infringement, misappropriation, or violation (including any claim that LICENSOR must license or refrain from using any intellectual property rights of any third party). To the knowledge of LICENSOR, no third party has interfered with, infringed upon, misappropriated, or otherwise come into conflict with any of the LICENSED TECHNOLOGY.

  • SOURCE CODE ESCROW FOR LICENSED PRODUCT If Source Code or Source Code escrow is offered by either Contractor or Product manufacturer or developer to any other commercial customers, Contractor shall either: (i) provide Licensee with the Source Code for the Product; or (ii) place the Source Code in a third party escrow arrangement with a designated escrow agent who shall be named and identified to the State, and who shall be directed to release the deposited Source Code in accordance with a standard escrow agreement acceptable to the State; or (iii) will certify to the State that the Product manufacturer/developer has named the State, acting by and through the Authorized User, and the Licensee, as a named beneficiary of an established escrow arrangement with its designated escrow agent who shall be named and identified to the State and Licensee, and who shall be directed to release the deposited Source Code in accordance with the terms of escrow. Source Code, as well as any corrections or enhancements to such source code, shall be updated for each new release of the Product in the same manner as provided above and such updating of escrow shall be certified to the State in writing. Contractor shall identify the escrow agent upon commencement of the Contract term and shall certify annually that the escrow remains in effect in compliance with the terms of this paragraph. The State may release the Source Code to Licensees under this Contract who have licensed Product or obtained services, who may use such copy of the Source Code to maintain the Product. FOR NEGOTIATED CONTRACTS THE FOLLOWING CLAUSES ARE RESERVED BECAUSE BIDDING DOES NOT APPLY: Clauses: 7, 8, 9, 10, 11, 12, 13, 16, 15, 21, 25, 26, 28, 29, 30, 31, 32, 33, 36, 49, 50, 52, 54 and 37 I N D E X Paragraph Paragraph A No. Additional Warranties 72 Advertising Results 20 Applicability 1 Assignment 56 Assignment of Claim 66 Audit of Licensed Product Usage 80 Authentication of Facsimile Bids 10 B Bid Contents 12 Bid Evaluation 29 Bid Opening 7 Bid Submission 8 C Changes to Product or Service Offerings 84 Clarification/Revisions 31 Confidential/Trade Secret Materials 14 Conflict of Terms 4 Conditional Bid 30 Contract Billings 62 Contract Creation/Execution 38 Contract Term - Renewal 71 Cooperation with Third Parties 70 D Default - Authorized User 63 Definitions 5 Disqualification for Past Performance 35 Drawings 25 E Emergency Contracts 43 Employees/Subcontractors/Agents 55 Equivalent or Identical Bids 33 Estimated/Specific Quantity Contracts 42 Ethics Compliance 3 Expenses Prior to Contract Execution 19 Extraneous Terms 13 F Facsimile Submissions 9 Freedom of Information Law 16 G Governing Law 2 I Indemnification 74 Indemnification Relating to Third Party Rights 75 Independent Contractor 68 Installation 52 Insurance 77 No. Interest on Late Payments 64 International Bidding 6 L Late Bids 11 Legal Compliance 73 Limitation of Liability 76 M Modification of Contract Terms 40 N No Hardstop/Passive License Monitoring 85 O On-Site Storage 54 Ownership/Title to Project Deliverables 81 P Participation in Centralized Contracts 39 Performance and Responsibility Qualifications 34 Performance/Bid Bond 58 Prevailing Wage Rates Public Works & Building Services Contracts 17 Pricing 24 Procurement Card 27 Product Acceptance 79 Product Delivery 45 Product References 21 Product Substitution 50 Product Version 83 Products Manufactured in Public Institutions 23 Prompt Payment Discounts 32 Proof of License 82 Purchase Orders 44 Q Quantity Changes Prior to Award 36 R Rejected Product 51 Release of Bid Evaluation Materials 15 Re-Weighing Product 49 Remanufactured, Recycled, Recyclable or Recovered Materials 22 Remedies for Breach 65 Repaired or Replaced Product/Components 53 S Samples 28 Savings/Force Majeure 61 Scope Changes 41 Security 69 Site Inspection 26 Shipping/Receipt of Product 47 Software License Grant 78 Source Code Escrow for Licensed Product 86 Subcontractors and Suppliers 57 Suspension of Work 59 T Taxes 18 Termination 60 Timeframe for Offers 37 Title and Risk of Loss 48 Toxic Substances 67 W Weekend and Holiday Deliveries 46 APPENDIX C MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT I, , the (title) of (Contractor) agree that (Contractor) has adopted the following policies with respect to Contract Number . M/WBE Contractor will make good faith efforts to achieve the M/WBE contract participations goals set by OGS for that area in which the State-funded project is located, by taking the following steps:

  • Product ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User(s) shall have thirty (30) days from the date of delivery to accept hardware products and sixty (60) days from the date of delivery to accept all other Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty (30) day increment. Authorized User shall notify Contractor of acceptance upon successful completion of the documented installation test. Such cancellation shall not give rise to any cause of action against the Authorized User for damages, loss of profits, expenses, or other remuneration of any kind. If the Authorized User elects to provide a deficiency statement specifying how the Product fails to meet the specifications within the testing period, Contractor shall have thirty (30) days to correct the deficiency, and the Authorized User shall have an additional sixty (60) days to evaluate the Product as provided herein. If the Product does not meet the specifications at the end of the extended testing period, Authorized User, upon prior written notice to Contractor, may then reject the Product and return all defective Product to Contractor, and Contractor shall refund any monies paid by the Authorized User to Contractor therefor. Costs and liabilities associated with a failure of the Product to perform in accordance with the functionality tests or product specifications during the acceptance period shall be borne fully by Contractor to the extent that said costs or liabilities shall not have been caused by negligent or willful acts or omissions of the Authorized User’s agents or employees. Said costs shall be limited to the amounts set forth in the Limitation of Liability Clause for any liability for costs incurred at the direction or recommendation of Contractor.

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Licensee Licensee represents and warrants that:

  • Commercialization License Subject to the terms and conditions of this Agreement and the Other License Agreement, Company hereby grants to BeiGene an exclusive (even as to Company), royalty-bearing right and license during the Term (with the right to sublicense solely as provided in Section 2.2 below) under the Company Technology for the sole purpose of (i) Commercializing the Products that are PARP Inhibitors in the Field in the PRC Territory and (ii) Manufacture of Collaboration Compounds and Products that are PARP Inhibitors for use in Commercialization in the Field in the PRC Territory. For clarity, no license is granted under Company Technology to Develop any Additional Product component of any Combination Product.

  • Territory 43.1 This Agreement applies to the territory in which Verizon operates as an Incumbent Local Exchange Carrier in the Commonwealth of Massachusetts. Verizon shall be obligated to provide Services under this Agreement only within this territory.