Third Party Developers. LICENSEE shall not disclose the Confidential Information, the Guidelines or the Intellectual Property Rights to any Independent Contractor, nor permit any Independent Contractor to perform or assist in development work for a Game, unless and until such Independent Contractor has been approved by NOA and has executed a written confidentiality agreement with NOA relating to the GAME BOY ADVANCE system.
Third Party Developers. 19.1. Under no circumstances may you permit any Third Party Developer to access, download, or use any of the Licensed SDKs or any other product (including Your App) that uses or incorporates any of the Licensed SDKs, unless they are your Third Party Developers who have each entered into a Third Party Developer Licence Agreement.
Third Party Developers. LICENSEE shall not disclose the Confidential Information, the Guidelines or the Intellectual Property Rights to any Independent Contractor, nor permit any Independent Contractor to perform or assist in development work for a Game, unless and until such Independent Contractor has signed a confidentiality agreement with LICENSEE that is no less restrictive than the terms of Section 8 below, and that expressly includes the following language: “Independent Contractor may have access to highly-confidential and proprietary information, intellectual property, and trade secrets of Nintendo Co., Ltd. and/or Nintendo of America Inc. (collectively, “Nintendo”). Independent Contractor expressly acknowledges (i) the valuable nature of such materials; and (ii) Nintendo’s right, title and interest in such materials. All such materials constitute confidential information under this agreement and shall be treated by Independent Contractor as such. Independent Contractor shall not undertake any act or thing which in any way impairs or is intended to impair any part of the right, title, interest or goodwill of Nintendo in such materials. Independent Contractor’s use of such materials shall not create any right, title or interest of Independent Contractor therein. Nintendo Co., Ltd. and Nintendo of America Inc. are intended third-party beneficiaries of this agreement.” LICENSEE shall, upon **** request by NOA, provide NOA with copies of the confidentiality agreements required by this Section. Notwithstanding any such confidentiality agreement, LICENSEE shall remain fully responsible for, and shall hold NOA and Nintendo Co., Ltd. harmless against, any breach of the confidentiality agreement by any Independent Contractor involving any Confidential Information, Guidelines, or Intellectual Property Rights.
Third Party Developers developers of a site or software operated by a third party.
Third Party Developers. LICENSEE shall not disclose the Confidential Information, the Guidelines or the Intellectual Property Rights to any Independent Contractor, nor permit any Independent Contractor to perform or assist in development work for a Game, unless and until such Independent Contractor has signed a confidentiality agreement with LICENSEE that is no less restrictive than the terms of Section 8 below. LICENSEE shall, upon request by NOA, provide NOA with copies of the confidentiality agreements required by this Section. Notwithstanding any such confidentiality agreement, LICENSEE shall remain fully responsible for, and shall hold NOA and Nintendo Co., Ltd. harmless against, any breach of the confidentiality agreement by any Independent Contractor involving any Confidential Information, Guidelines, or Intellectual Property Rights.
Third Party Developers. All Technology developed by a third party (including any current or former employee of the Company or any Subsidiary) for the Company or any Subsidiary: (i) was developed pursuant to a written agreement with such third party covering such Technology; and (ii) the Company and the Subsidiary, pursuant to such agreement, have either: (x) obtained sole ownership of, and the sole right to enforce, all Intellectual Property Rights arising therefrom; or (y) obtained a valid and unrestricted right to exploit all Intellectual Property Rights relating thereto.
Third Party Developers. The Services may include features that permit Client to connect the Services to third party applications (“Third Party Applications“) developed by third parties (“Third Party Developers“). Client acknowledges and agrees that: (1) Xxxxx.xx is not such Third Party Developers and is not an Affiliate of such Third Party Developers; and (2) Xxxxx.xx makes no representations or warranties regarding Third Party Developers, Third Party Applications, or their use of Confidential Information, to anyone, express, implied or statutory (including warranties of design, operation, or fitness for any use or purpose). No representation or warranty by such Third Party Developers is binding on Xxxxx.xx nor shall breach of such representation or warranty relieves Client of Client’s obligations to Xxxxx.xx. Third Party Developers may require Client to enter into license agreements or pay license fees for the use of their Third Party Applications, which, unless expressly set out herein, are not included in the Fees.
Third Party Developers. LICENSEE shall not disclose the Confidential Information (as defined in Section 8 below), the Guidelines or the Intellectual Property Rights to any Independent Contractor, nor permit any Independent Contractor to perform or assist in development work for a Game that requires use of the Confidential Information, unless and until such Independent Contractor has been approved by NINTENDO and has executed a written confidentiality agreement with NINTENDO (or with LICENSEE as provided in Section 8) relating to the Nintendo DS system. Upon request by LICENSEE, NINTENDO shall, within a reasonable period of time, inform LICENSEE whether any such third party is approved by NINTENDO.
Third Party Developers. Peerless may use the services of a Third Party Developer to perform development work on behalf of Peerless or for a Peerless OEM Customer under this Agreement and may allow such Third Party Developer to have access (as set forth in Paragraph 2.1 ("Development License") to Adobe Support Information (except for Adobe Core Source) for the sole purpose of carrying out such work on Peerless' behalf or for an OEM Customer, but only if Adobe, in its sole discretion, agrees in writing to permit the use of such third party as a Third Party Developer. Adobe agrees to respond to such request for approval of such proposed Third Party Developer within a reasonable period after receipt thereof. If Adobe grants such approval, and prior to the delivery of the Adobe Support Information to a Third Party Developer to commence such development work, Peerless shall enter into a written agreement with each Third Party Developer containing terms at least as restrictive as those set forth in Exhibit P ("Third Party Developer Terms") (the "Development Agreement"). Peerless may permit a Third Party Developer to use the Adobe Support Information and to modify and prepare derivative works based upon the source code versions of the Adobe Support Information supplied to Third Party Developer solely to carry out the development work covered by the Development Agreement and for fulfilling the purposes of this Agreement. Peerless shall use best efforts to ensure that all copyright, patent and other rights in the modifications (including localizations) made by a Third Party Developer to the Adobe Support Information are assigned to Peerless. Peerless shall not permit a Third Party Developer to have access to any Adobe Core Source. Peerless shall ensure that the Third Party Developer does not have any right to license, sublicense, transfer or otherwise grant such OEM Customer or any third party any right in the Adobe Support Information, including, but not limited to, the right to distribute a product that includes any portion of the Adobe Support Information or the right to have access to or use of the Adobe Support Information. Only Peerless may grant such rights to its OEM Customers and only under the terms of a Peerless OEM Agreement meeting the requirements set forth in this Agreement. A failure by Peerless to enter into a written agreement with each Third Party Developer containing the requirements set forth in Exhibit P ("Third Party Developer Terms") or to fulfill any other requirem...
Third Party Developers. To the extent that any material Technology has been developed or created by a third party (including any current or former employee of Company or any Company Subsidiary), the Company or any Company Subsidiary (as the case may be) has a written agreement with such third party pursuant to which the Company and the Company Subsidiary thereby either: (i) have, pursuant to such agreement obtained sole ownership of, and the sole right to enforce, all Intellectual Property Rights arising therefrom; or (ii) have obtained a valid and unrestricted right to exploit, sufficient for the conduct of its business as conducted as of the Effective Time, all Intellectual Property Rights relating thereto.
