ACT Product definition
Examples of ACT Product in a sentence
For each ACT Product or ACT Service sold or performed by Infigen (or any third party on behalf of Infigen), Infigen shall pay to ACT, on a quarterly basis, a royalty of one and one-half percent (1.5 %) of the Net Commercial Sales by Infigen of ACT Products or ACT Services sold by Infigen (or any third party on behalf of Infigen) so long as the ACT Product or ACT Service, where sold would, but for this Agreement, infringe a Valid Claim of any ACT Patent Right which is licensed to Infigen in such country.
Netchex will allow Client to access and use the ACT Product, subject to and in accordance with the provisions of this Agreement and the following terms.
NetSpeak shall not export, or allow to be exported or reexported, any Proprietary Information, or ACT Product in violation of any such restriction, law or regulation.
Client waives any claim against Netchex and agrees to defend, indemnify, and hold Netchex harmless in connection with Client’s use of the ACT Product information and suggestions or any inaccuracies or defects in such information or suggestions.
NetSpeak will purchase units of the ACT Products and/or Integrated Product by issuing a written purchase order indicating model number and quantity of each Integrated Product and each ACT Product desired, the price, and requested delivery date.
NetSpeak must obtain a return authorization number from ACT before shipping any ACT Product, and include a written description of the defect.
Any software and/or firmware contained in the ACT Product is licensed for distribution only and is not to be sold.
Due to the development efforts of both parties with respect to the ACT Product and due to the fact that the products purchased hereunder will, in most cases, be the Integrated Product, it is ACT's intention to provide NetSpeak with a discount from list price for purchases of the Integrated Product which are at least as favorable as those provided to ACT's best customers purchasing the Integrated Product.
Any distribution or sublicensing of the ACT Product by NetSpeak as allowable under this Section 3.1 shall be under terms similar to the then current terms and conditions of an ACT Networks End-User License Agreement, a sample of which is described in Schedule E hereto.
As such, ACT and NetSpeak will, based upon the foregoing, agree on the appropriate discount at the time ACT prepares its price list for the ACT Product.