Mariposa Software definition
Examples of Mariposa Software in a sentence
By Modification No. 3 to the Consulting Agreement, the Tribe and VCAT have terminated all rights of the Tribe to receive any future profit-sharing or other royalties or consideration of any kind from VCAT or its successors and assigns in connection with any sale, license or other use or exploitation of the Mariposa Software after the Effective Date including, without limitation, any such rights granted to the Tribe in the Consulting Agreement.
All licenses and rights that the Tribe has with respect to the Mariposa Software including, without limitation, any such rights granted to the Tribe in the Consulting Agreement, are hereby terminated and replaced with the license granted in Article 4.1.
The Tribe hereby assigns to VCAT any and all right, title and interest that the Tribe may have in and to the Mariposa Software, including all copyrights and other intellectual property rights herein or related thereto.
Accordingly, VCAT and IGT covenant not to license or otherwise make available to any other party whatsoever the right to use the Current Mariposa Software, or any version or release of the Mariposa Software in substantially the same form as the Current Mariposa Software, or any updates, upgrades, or patches of the Mariposa Software (collectively, “Mariposa Versions”), during the Exclusivity Period in or to any casino or other business entity operating within the Exclusivity Area.
Notwithstanding the terms and durations stated in Articles 4.1, 4.3 and 4.4 with respect to the Tribe’s rights under such articles, all rights of the Tribe and obligations of VCAT and IGT under such articles shall continue only for as long as the Tribe makes available the Tribe’s gaming operation to IGT and VCAT as a testing and marketing platform for the Mariposa Software and other IGT system products.
VCAT and IGT hereby agree that, for as long as the Mariposa Software is commercially available through VCAT or IGT (the “Exclusivity Period”), the license granted to the Tribe under Article 4.1 is exclusive to the Tribe in all of San Diego County and the area within 65 miles of the Barona Casino Location (the “Exclusivity Area”).
The Tribe represents and warrants that it has granted no licenses with respect to the Mariposa Software to any party.
All rights of the Tribe under this Agreement or the Consulting Agreement to receive any support, maintenance, updates, upgrades, repair or other services from VCAT and/or IGT with respect to the Mariposa Software shall continue in perpetuity until such time as maintenance and support services with respects to the Mariposa Software are no longer provided by VCAT or IGT to any customer of VCAT or IGT.
For the avoidance of doubt, the foregoing restriction shall not prevent VCAT or IGT from incorporating or integrating the Mariposa Software, or components of the Mariposa Software, into or with other VCAT or IGT products and distributing or licensing such products in the Exclusivity Area during the Exclusivity Period.