Technology Right means the non-exclusive, irrevocable, assignable, sublicensable, paid up right and license to use, reproduce, distribute, perform, display, and modify and otherwise use the SVS Proprietary Technology in connection with the exploitation of the Games, including in connection with the use, development, localization, porting, creation of sequels and derivatives, manufacture, sale, publication and distribution of the Games throughout the universe. The provisions of Section 3.04 notwithstanding, any amounts payable to third parties (including, but not necessarily limited to, Game Toolworks, Inc. and AiLive Inc.) as a result of the exercise of any rights by Seller included in the Technology Right shall be the obligation of Seller and its Affiliates to the extent that any such rights are exercised by Seller or its Affiliates after the Closing.
A non-exclusive worldwide, royalty-bearing license to make, have made, use, have used, sell or have sold under any Technology Right any product incorporating such Technology Rights and to otherwise exploit the Technology Rights.
A Technology Right shall not be Used by a Party or a Subsidiary of a Party solely because such Technology Right covers a product or service supplied to such Party or Subsidiary by any other Party or one of its Subsidiaries.
Where legally possible, the use of such Technology Right for the design, production, or distribution of construction equipment may be retained or kept by Seller or Seller's respective affiliates.
It is understood that any such Technology Right made available to O&K Mining Group shall be for the purpose of designing, manufacturing and/or distributing mining equipment only.