EQUITABLE LICENSE definition
EQUITABLE LICENSE. Tessera, in good faith, intends that any agreement with another similarly situated licensee whereby such licensee receives identical rights, privileges, terms and conditions as contained in this Agreement, shall be on financial terms (including running royalties and lump-sum payments) no more favorable to such other licensee than the financial terms set forth in this Agreement. Notwithstanding the foregoing, Licensee acknowledges and agrees that is likely that all other license agreements will not contain the same rights, privileges, terms or conditions as a result of different business circumstances, and therefore will not be subject to this Paragraph. The following shall not be deemed agreements subject to this Paragraph: (i) agreements between Tessera and its Affiliates; (ii) cross-license or other agreements under which a substantial portion of the consideration received by Tessera consists of rights to patents and/or technology owned by the other party to such agreement; (iii) agreements with governmental agencies; and (iv) agreements in settlement of litigation. In the event that Tessera grants another license subject to this Paragraph, then Tessera shall promptly notify Licensee of the financial terms of such other license. Upon notice by Licensee, given within 30 days after such notice by Tessera, this Agreement shall be amended to substitute all of the financial terms of such other license for the financial terms of this Agreement, provided that (a) Licensee must accept all of the financial terms of such other license, and may not select particular terms; and (b) such amendment shall not affect Tessera's rights with respect to royalties or other moneys accrued and/or paid prior to such amendment.