Third Party Technologies. The Software may include or be bundled with other software programs licensed under different terms and/or licensed by a vendor other than Kofax. Use of any software programs accompanied by a separate license agreement is governed by that separate license agreement. Any third party software that may be provided with the Software is included for use at Your option. Kofax is not responsible for any third party’s software and shall have no liability for Your use of third party software.
Third Party Technologies. Subject to Section 5.4, Licensee, at its sole option and expense, will have the right to elect to use any Third Party technology (as permitted herein) at the Kinross Facility.
Third Party Technologies. 9.5.1 If after the Effective Date, NovaCal acquires or licenses from a Third Party subject matter within the NovaCal Technology (“Third Party Technology”) that is subject to payment obligations to the Third Party, then NovaCal shall so notify Alcon and the following shall apply, provided that the Third Party Technology represents additional technology that supplements the NovaCal Technology and is not intended primarily as a freedom-to-operate license or acquisition with respect to Commercialization of Licensed Compounds in the Field: the rights granted to Alcon hereunder with respect to such Third Party Technology shall be subject to Alcon promptly reimbursing NovaCal for the amounts that become owing to such Third Party by reason of the grant to or exercise by or under authority of Alcon of such rights to such Third Party Technology and Alcon shall reimburse NovaCal for a reasonable portion of any upfront fee or other similar amounts paid to acquire such Third Party Technology that is allocable to the rights granted to Alcon to such Third Party Technology hereunder. Upon request by Alcon, NovaCal shall disclose to Alcon a written description of such payment obligations. Alcon may exclude Third Party Technology from the rights granted to it hereunder by providing notice to NovaCal thereof, provided that such notice is provided prior to the exercise of any rights to such Third Party Technology by or under authority of Alcon; in such event, such Third Party Technology shall be deemed excluded from the NovaCal Patents, NovaCal Know-How and NovaCal Technology.
Third Party Technologies. If, after the Effective Date, Asana acquires from a Third Party subject matter within the Licensed Patent Rights or the Licensed Know-How (“New Technology”) that is subject to royalty, milestone or other payment obligations to such Third Party, then Asana shall so notify Company and disclose to Company a true, complete and correct copy of the acquisition or license agreement for the New Technology, to the extent Asana has the right to do so pursuant to such agreement, including all payment obligations and the following shall apply: If Company desires to receive a (sub)license to such New Technology, then Company shall notify Asana in writing and following such notification the rights and licenses granted to Company under this Agreement will include such New Technology provided that Company shall promptly reimburse Asana for any milestones, royalties or other amounts that become owed to such Third Party by reason of the grant to, or exercise by or under the authority of, Company of such rights with respect to such New Technology hereunder, and Company shall promptly reimburse Asana for a reasonable portion of any upfront fee or other similar amounts paid to acquire such New Technology to reflect the value of the rights granted to Company to such New Technology hereunder. In the event Company does not notify Asana that it desires such (sub)license to the New Technology, then such New Technology shall thereafter be deemed excluded from the Licensed Patent Rights or Licensed Know-How, as applicable, hereunder.
Third Party Technologies. The Product may include or be bundled with other technology or software programs licensed under different terms and/or licensed by avendor other than rf IDEAS. Use of any software programs accompanied by a separate license agreement is governed by that separate license agreement. Any third party software that may be provided with the Product is included for use at YOUR option. rf IDEAS is not responsible for any third party’s software and shall have no liability for YOUR use of third party software. Products that include third party technology may be subject to use restrictions as notified by rf IDEAS. You acknowledge actual notice of any such restrictions and agree to use and sell such Products and otherwise operate YOUR business in accordance with such restrictions. YOU will alsoindemnify and hold rf IDEAS harmless from any claim, demand, cause of action, or damage and the associated costs and fees (including reasonable attorneys’ fees and expenses) for which rf IDEAS and its affiliated parties might become liable, arising from or in connection with YOUR use of such Products or otherwise not in compliance with such restrictions.
Third Party Technologies. Each Party’s rights under this Article 13 with respect to the prosecution and enforcement of any Licensed Product Patents, in each case that is licensed by such Party from a Third Party shall be subject to the rights of such Third Party to prosecute and enforce such Patent Rights.
Third Party Technologies. For any in-licensed technologies of either Party, the foregoing provisions of this Article 14 shall be subject to and limited by the terms and conditions of the applicable existing agreements and any agreement entered into after the Effective Date pursuant to which the in-licensing Party has acquired rights to the applicable Patent. Each Party agrees with respect to such agreements as to which it is a party to take such actions and exercise such rights under any such agreements as reasonably necessary to give effect to the foregoing provisions of Section 14.3 and Section 14.4 and, where such agreements are inconsistent with any term of this Agreement, such Party shall notify the other Party in writing, including a description of the difference.
Third Party Technologies. Subject to Corbis' approval as may be required under Paragraph 5.4 below, Busy Box shall obtain third-party technologies (including but not limited to both hardware and software) on Corbis' behalf. Such technologies will be standard, off-the-shelf technologies with licensed rights at least as broad as those specified in Paragraphs 3.2.1 and 3.2.2 above. Subject to payment under Paragraph 5.4 below, Corbis shall own all right, title and interest to such technologies, or to the license of such technologies, as the case may be. Busy Box will deliver all such third-party technologies to Corbis upon termination or expiration of this Revised Agreement or upon Corbis' request.
Third Party Technologies. (i) Simultaneously with the delivery by XOMA of written notice of an opt-out with respect to a Collaboration Product or a Collaboration Target in accordance with Section 3.9(a), XOMA shall (A) identify to Chiron in writing each and every technology actually used to generate and/or optimize such Collaboration Product, or the Antibody Product(s) corresponding to such Collaboration Target, which is the subject of such opt-out notice, and (B) provide to Chiron a copy of each Third Party Technology Agreement that covers such technology or technologies, unless a copy of such agreement has been provided previously. In the event any Third Party Agreements cover such technology or technologies, the provisions of Schedule 3.9(g) shall apply.
Third Party Technologies. The Product may include or be bundled with other technology or software programs licensed under different terms and/or licensed by a vendor other than rf IDEAS. Use of any software programs accompanied by a separate license agreement is governed by that separate license agreement. Any third party software that may be provided with the Product is included for use at YOUR option. rf IDEAS is not responsible for any third party’s software and shall have no liability for YOUR use of third party software. Products that include third party technology may be subject to use restrictions as notified by rf IDEAS. You acknowledge actual notice of any such restrictions and agree to use and sell such Products and otherwise operate YOUR business in accordance with such restrictions. YOU will also indemnify and hold rf IDEAS harmless from any claim, demand, cause of action or damage for which rf IDEAS might become liable, arising from or in connection with YOUR use of such Products or otherwise not in compliance with such restrictions.
