Examples of Stand Alone Licensed Devices in a sentence
LABS represents that in addition to being responsible for all regulatory approvals for its Products, that should any material incidents of failure of any LABS Licensed Devices which include Xxxxx Xxxxx Monitoring or Stand Alone Licensed Devices or injury related to such Products be reported to LABS, that it will take good faith efforts to promptly (i.e., within two (2) business days) notify MASIMO of any such performance problems or deficiencies relating to Xxxxx Xxxxx Monitoring licensed from Masimo.
LABS shall be solely responsible for identifying and obtaining, at its sole cost and expense, all FDA and United States safety agency approvals and any other agency or regulatory approvals which are required for the development, manufacture or sale of LABS Licensed Devices and Stand Alone Licensed Devices.
MASIMO shall settle or defend, at MASIMO’s own expense, and pay any direct damage, costs or fines resulting from all proceedings, threats of proceedings or claims against LABS or its customers for infringement or alleged infringement by the Xxxxx Xxxxx Monitoring application(s) in LABS Licensed Devices or Stand Alone Licensed Devices, to the extent relating to the Masimo Technology licensed to LABS in this Agreement, of intellectual property rights of third parties.
LABS agrees that it shall use the MASIMO SET product designation set forth in Exhibit B (i) on all LABS Combo Devices that are marketed directly by LABS, and (ii) all Stand Alone Licensed Devices that are marketed directly by LABS, in each case, on a front panel site associated with the Xxxxx Xxxxx Monitoring.
Without limiting Section 5.2, the Parties acknowledge that no royalties shall be payable to MASIMO for the distribution or sale of LABS Licensed Devices or Stand Alone Licensed Devices.
All advertising directly by LABS for LABS Combo Devices or Stand Alone Licensed Devices shall include one or more of the MASIMO SET Licensed Trademarks.
For any sublicenses granted under the Licensed Trademarks, LABS agrees to use its best efforts to coordinate quality control consistent with this Section 2.3.4 over the manufacture, advertisement, promotion and sale of the License Devices, Stand Alone Licensed Devices, and any products or services within the Licensed Applications offered in connection with the Licensed Trademarks by the sublicensee.
LABS agrees to make available to MASIMO, upon request, one (1) production sample of each Licensed Device and Stand Alone Licensed Devices which includes a MASIMO Application.
Termination of the right to use MASIMO and the Masimo Product Designation as part of a tradename shall not affect the remaining terms of this Agreement and shall not affect Licensed Devices and Stand Alone Licensed Devices.
During the period that MASIMO is funding LABS' research and development, MASIMO shall provide engineering support to LABS for the integration of MASIMO SET into Licensed Devices and Stand Alone Licensed Devices.