Clone Product definition

Clone Product means a product having page description capabilities that are substantially compatible with the PostScript language.

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Clone Product means a product (or major component thereof) of a Party that has the same or substantially the same features and functionality as a then-existing product (or major component thereof) of the other Party (“Prior Product”) and that (a) has the same or substantially the same user interface as the Prior Product, or (b) implements all or substantially all of the Applications Programming Interfaces of the Prior Product. Those portions of a product that are otherwise licensed to one Party from the other Party, or that are compliant with a specification of a standards organization as to which the other Party has consented to the use of its Patents therefor, shall not be considered in determining whether the product is a Clone Product. [*** Confidential Treatment Requested] (i) The Parties agree that versions of products sold, licensed, supplied, distributed or otherwise made available by a Party for Revenue before the Effective Date (or major components thereof) (“Existing Products”) and new versions of such Existing Products to the extent they incorporate features and functionality of Existing Products (“Existing Product Functionality”) will not be deemed Clone Products. For purposes of clarification, the parties acknowledge that Existing Product Functionality may be considered in determining whether a new version of an Existing Product (or major component thereof) meets the requirements set forth in the first paragraph of this definition, provided that, even if the new version (or major component thereof) meets such requirements, (A) only the Clone Product Functionality will be deemed a Clone Product and (B) the Existing Product Functionality will not be deemed a Clone Product. For purposes of this subsection (i), “Clone Product Functionality” means features or functionality of such new version (other than Existing Product Functionality) that add to meeting the requirements set forth in the first paragraph of this definition.

Clone Product means a product of one of the Parties that provides (a) all of the same or substantially all of the same user interface and user commands, or (b) all or substantially all of the application programming interfaces (APIs) of a previously commercialized product of the other Party.

Examples of Clone Product in a sentence

This prohibition relating to Clone Product development shall apply equally to raster-output devices, to display or screen output devices, or to any other peripheral devices.
The terms of this Agreement do not preclude Customer from developing a product substantially compatible with format supported by the Software, where such product does not incorporate the Software (a “Clone Product”); however, if Customer engages in Clone Product development, it shall ensure that there is no use of the Confidential Information in the design and development of such Clone Product.
Peerless acknowledges and agrees that the sublicense rights to Peerless described herein, and the pricing set forth in this Agreement are granted by Adobe on the basis of Peerless' assurances that as of the date of final execution of this Agreement Peerless (i) does not own or license Clone Product technology from a third party, (ii) is not engaged in any Clone Product development and (iii) does not market or license Clone Products or Clone Product technology.
In addition, OEM Customer shall ensure that there is no sharing of design documents or other information based upon or derived from the Adobe Header Files with any Clone Product development.
OEM Customer will ensure that each such Authorized Person shall, concurrent with the commencement of work on Clone Product development, sign a written affirmation to OEM Customer on a form provided by OEM Customer which states that each such employee or contractor (a) has neither retained nor had access for * to a copy of the Adobe Header Files, and (b) will not utilize, or facilitate use of, any portion of the Adobe Header Files in such Clone Product development.
EFI shall ensure that, except as set forth in subparagraph (c) below, all Authorized Employees and Authorized Contractors who have had previous access to Adobe Support Information will be precluded for a period of twelve (12) months after their latest access to such Adobe Support Information, including Reference Port Support Source, from being employed in any Clone Product development (either internal or external) by or for EFI.
In addition, Peerless shall ensure that each Authorized Employee and Authorized Contractor engaged in Clone Product development (either internally or externally) by or for Peerless will cease all such activities, including having access to the facilities where Clone Product development is occurring and serving in an advisory capacity to anyone concerning Clone Product development, prior to his/her initial access to the Adobe Support Information.
The terms of this Paragraph do not preclude Adobe Support Information Recipient from developing a Clone Product; however, if Adobe Support Information Recipient engages in such Clone Product development during the term of this Agreement, it shall ensure that there is no use of the Adobe Information in the design and development of Clone Products.
This prohibition against engaging in Clone Product development for the prescribed period shall apply equally to raster-output devices and to display or screen output devices.
OEM Customer guarantees that all Authorized Persons who have had previous access or currently have access to the Adobe Header Files will be precluded for a period of * following his/her last access to the Adobe Header Files from being employed in any OEM Customer activity relating to development of a Clone Product.

More Definitions of Clone Product

Clone Product means a Party's Product (which is not a Multi-User Software System) designed, developed or acquired after the Effective Date that competes with and is a fully compatible look-alike or act- alike (by providing the same or substantially the same user interface and/or APIs) version of an Established Product of the other Party. An Established Product is a Product publicly released or released for significant public beta testing and designed, developed, or acquired before the introduction of the Party's Product; Clone Product shall exclude software, such as drivers, network protocols, etc., where such similarity with the user interface or APIs is dictated by adherence to an industry standard which was widely recognized prior to the release of the Party's Product. A Party's Product shall not be deemed to be a Clone Product solely on the basis that it provides the same or substantially the same functionality as a product of the other Party. For the purposes of this definition, neither the ICA protocol nor Microsoft created interfaces and protocols in Microsoft Windows Operating System Products shall be deemed to be an "industry standard." "Microsoft Windows Operating System Products" shall mean Windows (and successors and derivatives), Windows NT (and successors and derivatives), and Windows CE (and successors and derivatives).

Clone Product means either party's product designed, developed or acquired after the Effective Date that competes with and is a fully compatible look-alike or act-alike (by providing the same or substantially the same user interface and/or APIs) version of an Established Product of the other Party. An Established Product is a product publicly released or released for significant public beta testing, and designed, developed, or acquired before the introduction of the party's product; Clone Product shall exclude software, such as drivers, network protocols, etc., where such similarity with the user interface or APIs is dictated by adherence to an industry standard which was widely recognized prior to the release of a party's product. A party's product shall not be deemed to be a Clone Product solely on the basis that it provides the same or substantially the same functionality as a product of the other Party. For the purposes of this definition, neither the ICA protocol nor Microsoft created interfaces and protocols