BEMA Technology definition
Examples of BEMA Technology in a sentence
Except as expressly set forth in this Agreement, nothing herein shall be construed as a representation or warranty by Arius Two to Arius that the BEMA Technology is not infringed by any Third Party, or that the practice of such rights does not infringe any published intellectual property rights of any Third Party.
Except as expressly set forth in this Agreement, nothing herein shall be construed as a representation or warranty by Seller to Buyer that the Ex-US BEMA Technology or BEMA Technology is not infringed by any Third Party, or that the practice of such rights does not infringe any published intellectual property rights of any Third Party.
If TEAMM declines its option or the parties are unable to reach material agreement on the terms of a license agreement during the Option Period, Arius shall be free to license all rights in the BEMA Technology without restriction.
Arius Two wishes to grant to Arius, and Arius wishes to obtain from Arius Two, an exclusive license in all jurisdictions outside the United States, with rights to sublicense, under Arius Two’s BEMA Technology to develop, manufacture (or have manufactured), market, advertise, promote, distribute, offer for sale, sell, export, and import the Product on the terms and subject to the conditions set forth herein.
During the term of this Agreement, Arius Two shall not grant any right or license to any third party with respect to the BEMA Technology in the Territory.
BDSI shall own and retain all right, title, and interest in (i) all Developed Technology related to, or constituting an improvement, enhancement, or modification of, the BEMA Technology (or the use or manufacture thereof) (each, a “BEMA Improvement”).
Neither BDSI nor any Affiliate of BDSI has any interest in or otherwise Controls any patent or patent application that claims or would otherwise be infringed by the Product, including, to the extent included therein, the BEMA Technology, or the Manufacture or use of Product, in the Field, that is not part of the BDSI Intellectual Property.
On a country-by-country basis, the royalty obligation of the Company under this Agreement shall expire on the later of: (i) expiration of the last applicable BEMA Technology Patent Right in such country; or (ii) the first full calendar year following the entry of a generic version of the Product in a particular country which has prescriptions written on it that exceed the number of prescriptions written for the Product in the same calendar year and country.
Reference is made to the Development Agreement concerning the development of a product containing or comprising of fentanyl in conjunction with BEMA Technology.
Except as expressly set forth in this Agreement, nothing herein shall be construed as a representation or warranty by Seller to Buyer that the BEMA Technology is not infringed by any Third Party, or that the practice of such rights does not infringe any published intellectual property rights of any Third Party.