BREACH BY LICENSEE definition

BREACH BY LICENSEE. Any breach or default by Licensee of any term in this Agreement, including, but not limited to, terms regarding payment by Licensee, shall entitle Licensor to:
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BREACH BY LICENSEE means, after exhaustion of any applicable cure periods set forth in this Agreement, any one or more of the following events:
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Examples of BREACH BY LICENSEE in a sentence

  • EXCEPT FOR EXPRESS PAYMENT OBLIGATIONS UNDER SECTION 5 (ROYALTIES) AND EXHIBIT D (LICENSEE PRODUCTS, ROYALTIES AND FEES) AND ANY BREACH BY LICENSEE OF THE SCOPE OR CONFIDENTIALITY OBLIGATIONS OF THE SOURCE CODE LICENSE GRANT IN SECTION 2.9 (SOURCE CODE), IN NO EVENT SHALL EITHER PARTY’S TOTAL CUMULATIVE LIABILITY ARISING OUT OR RELATING TO THIS AGREEMENT EXCEED FIFTY MILLION DOLLARS ($50,000,000).

  • IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; PROVIDED, HOWEVER, THAT THIS LIMITATION SHALL NOT APPLY TO ANY BREACH BY LICENSEE OF THE LICENSE RESTRICTIONS OR ITS CONFIDENTIALITY OBLIGATIONS.

  • LICENSOR MAY IMMEDIATELY TERMINATE THIS AGREEMENT IN THE EVENT OF A MATERIAL BREACH BY LICENSEE OF ANY PROVISION OF THIS AGREEMENT, OR ANY OTHER AGREEMENT BETWEEN LICENSEE AND LICENSOR OR ANY OF THEIR RESPECTIVE AFFILIATES, INCLUDING WITHOUT LIMITATION THE ABT MASTER SUBSCRIPTION AGREEMENT.

  • LICENSEE SHALL DEFEND, INDEMNIFY AND HOLD THE CITY HARMLESS FROM AND AGAINST ALL CLAIMS, DEMANDS, ACTIONS, SUITS AND JUDGMENTS ARISING FROM OR CONCERNING A BREACH BY LICENSEE OF ITS OBLIGATIONS UNDER THIS PARAGRAPH.

  • HOWEVER, BECAUSE OF THE UNIQUE AND PROPRIETARY NATURE OF THE LICENSED DATA, FARES SHALL BE ENTITLED TO MONETARY AS WELL AS EQUITABLE RELIEF, INCLUDING WITHOUT LIMITATION INJUNCTIVE RELIEF, IN THE EVENT OF DEFAULT OIL BREACH BY LICENSEE.

  • LICENSEE ACKNOWLEDGES THAT THE LICENSED PRODUCTS MAY CONTAIN ACCESS RESTRICTION FEATURES THAT MAY BE ACTIVATED FOLLOWING AN UNCURED MATERIAL BREACH BY LICENSEE OR UPON THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.

  • NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE LIMITATION OF LIABILITY SET FORTH IN SECTION 9.2 SHALL NOT APPLY IN THE CASE OF A BREACH BY LICENSEE OF ITS OBLIGATIONS UNDER SECTION 2.3 ABOVE, THE LICENSE AND USE RULES AND RESTRICTIONS FOR LICENSOR SOFTWARE.

  • EXCEPT FOR A BREACH BY LICENSEE OF SECTION 10 OF THIS AGREEMENT, LICENSEE SHALL NOT BE LIABLE TO QUALCOMM FOR ANY INCIDENTAL, CONSEQUENTIAL OR ANY OTHER INDIRECT LOSS OR DAMAGE ARISING OUT OF THIS AGREEMENT OR ANY RESULTING OBLIGATION OR THE USE OF ANY INFORMATION RECEIVED HEREUNDER, WHETHER IN AN ACTION FOR OR ARISING OUT OF BREACH OF CONTRACT, FOR TORT, OR ANY OTHER CAUSE OF ACTION.

  • EXCEPT IN RESPECT OF LIABILITY RELATED TO (A) LICENSEE’S CONFIDENTIALITY OBLIGATIONS TO APOS; (B) BREACH BY LICENSEE OF ANY LIMITATIONS OR RESTRICTIONS ON THE INSTALLATION OR USE OF THE SOFTWARE SET FORTH IN THIS AGREEMENT; AND/OR (C) LICENSEE’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, LICENSEE’S AGGREGATE LIABILITY TO APOS FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE FEES PAID BY LICENSEE TO APOS FOR THE SOFTWARE.

  • SHALL EITHER S&P OR LICENSEE HAVE ANY LIABILITY FOR SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS) HOWSOEVER ARISING OUT OF OR IN CONNECTION WITH ANY ETF LICENSE, EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT WITH RESPECT TO (A) THE OBLIGATIONS SET FORTH UNDER SECTIONS 15 AND 18, OR (B) ANY BREACH BY LICENSEE OR ANY PERMITTED SUBLICENSEE OF THE LICENSE GRANTED UNDER ANY ETF LICENSE AND THIS MASTER AGREEMENT.