Field of Exploitation definition
Examples of Field of Exploitation in a sentence
For the sake of clarity: • the rights granted by ICM, acting on behalf of the Co-owners, to DYNACURE and its Affiliates pursuant to this Agreement include any and all Prior Knowledge of ICM that have been identified as necessary for the exploitation of the Joint Results in the Field of Exploitation at the Signature Date and that are listed in Appendix 4 attached hereto.
The Co-Owners granted to DYNACURE and its Affiliates, and hereby confirm to having granted to DYNACURE and its Affiliates, as from the Effective Date, an exclusive worldwide license, including a right to sub-license, for any form of industrial and/or commercial exploitation in the Field of Exploitation in the Territory, under the Co-Owners’ rights in and to the Licensed Technology in accordance with the terms and conditions of this Agreement.
Notwithstanding the foregoing, if Licensor desires to exploit the Licensed Products or any Improvements thereto in a commercial application or market that is otherwise included in the Field of Exploitation, Licensor may so indicate its desire by written notice to Licensee and Data Transmission Network Corporation ("DTN").
Licensee, at its sole expense, shall have the first right, but not the obligation, to enforce all proprietary rights in the Technology with respect to any suspected infringement of such proprietary rights in the Field of Exploitation which occurs in whole or in part prior to the termination of this Agreement and, subject to Section 9(c), to retain any recovery arising out of the prosecution of such actions.
Each party shall have the right to intervene in any action relating to an infringement of the Technology in the Field of Exploitation brought by the other party, at the intervening party's sole expense.
However, if Licensee's Board of Directors is evenly split on whether or not to pursue any such application or market and all of the directors appointed by DTN (pursuant to Section ___ of that certain Stockholders Agreement between Licensor, Licensee, DTN and other persons of even date herewith) have voted to pursue such appplication or market, then such application or market shall remain included in the Field of Exploitation 18 -232- regardless of whether Licensee pursues such application or market.
If Licensee's Board of Directors elects not to pursue any such application or market or the Board is at an impasse other than under the circumstances described in the preceding sentence, then such application or market shall thereafter be deemed excluded from the Field of Exploitation and Licensor may pursue the exploitation of such application or market independently.
Licensor shall have the exclusive right to enforce all proprietary rights in the Technology with respect to any suspected infringement outside the Field of Exploitation.
Field of Exploitation" means all commercial applications or markets for information disseminated through the Licensed Products and any Improvements thereto, but excluding the exploitation in any manner of Licensed Products and any Improvements thereto in military or government intelligence applications or markets worldwide.
Licensor shall have the non-exclusive right to enforce the proprietary rights in the Technology with respect to any suspected infringement in the Field of Exploitation which occurs, if after thirty (30) days after Licensee's receipt of Licensor's request for Licensee to initiate an action, Licensee has not initiated an action to enforce such proprietary rights with respect to such infringement.