Product Provided Sample Clauses

Product Provided. A Product Provided remains the exclusive property of POST. You may not under any circumstances sell, sublet, transform, or offer as collateral such a Product, or even lend it any form to a third party. You are solely responsible for correctly using and keeping the Product Provided (including a Product Provided that has already been delivered but has not yet been activated by POST and/or used, or which is temporarily disconnected). You are responsible for any damage, deterioration, loss, theft and/or destruction of any Product Provided, regardless of the cause, unless this is due exclusively to gross negligence or fraud on the part of POST. In the event of damage, loss or theft of a Product Provided, you must immediately inform POST, including, if applicable, a copy of the declaration of theft or loss submitted to the competent authorities. You shall endeavour to protect it against any risk of damage during the term of the Contract. You shall bear all reasonable costs arising from the events detailed above, including but not limited to the costs of diagnostics, repair, replacement and travel. In any event, you shall reimburse POST for the residual value of the Product Provided on the day of its damage, loss or theft. Replacement/repair of a Product Provided. POST shall be exclusively authorised to work on a Product Provided and to modify it, update it (remotely, if applicable), replace it and/or repair it, in whole or in part. In the event of malfunction of any Product Provided during the term of the Contract, POST undertakes to repair or replace it free of charge (unless the malfunction is attributable to you), as soon as possible and while stocks last. POST will determine at its own discretion what technical means are appropriate for this purpose and its liability is limited to repairing or replacing it. If a replacement Product is made available during a repair or analysis of a problem encountered, you will be required to return the replacement Product in its original condition, except for normal wear and tear, no later than three (3) working days after the repaired or replaced Product is made available. Otherwise, you will be invoiced for the residual value of the replacement Product. Intervention on a Product Provided. You authorise POST and its Subcontractors to operate on a Product Provided and you accept that POST reserves the right, at any time, to modify, update – if necessary remotely, or replace all or part of a Product Provided, particularly in...
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Product Provided. Licensor will provide an executable module in machine readable form for that version of the software licensed to the Licensee. Licensor will provide installation, installation training, and maintenance of the software on Licensee's machine, along with sufficient testing to insure that the software is "up and running" and performing all tasks specified by the Licensor, and is functioning in accordance with Licensor's own specifications. Maintenance shall be defined in this case, and in any and all other instance, as consisting of installing and maintaining the Software. The Licensee is not permitted to modify or re-engineer the Software without the Licensor's written consent, although any additional modifications and services not pertaining to installation of the Software requested by the Licensee will be provided for on a pay for basis by Licensor. Licensor shall have a right to a copy of all modifications and all modifications shall be owned by UNIPAC.
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Product Provided 
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Related to Product Provided

  • Combination Products If a LICENSED PRODUCT is sold to any third party in combination with other products, devices, components or materials that are capable of being sold separately and are not subject to royalties hereunder (“OTHER PRODUCTS,” with the combination of products being referred to as “COMBINATION PRODUCTS” and the Other Product and Licensed Product in such Combination Product being referred to as the “COMPONENTS”), the NET SALES of such LICENSED PRODUCT included in such COMBINATION PRODUCT shall be calculated by multiplying the NET SALES of the COMBINATION PRODUCT by the fraction A/(A+B), where A is the average NET SALES price of such LICENSED PRODUCT in the relevant country, as sold separately, and B is the total average NET SALES price of all OTHER PRODUCTS in the COMBINATION PRODUCT in the relevant country, as sold separately. If, in any country, any COMPONENT is not sold separately, NET SALES for royalty determination shall be determined by the formula [C / (C+D)], where C is the aggregate average fully absorbed cost of the Licensed Product components during the prior Royalty Period and D is the aggregate average fully absorbed cost of the other essential functional components during the prior Royalty Period, with such costs being determined in accordance with generally accepted accounting principles. To the extent that any SUBLICENSE INCOME relates to a COMBINATION PRODUCT or is otherwise calculated based on the value of one or more licenses or intellectual property rights held by the COMPANY, an AFFILIATE or SUBLICENSEE, COMPANY shall determine in good faith and report to THE PARTIES the share of such payments reasonably attributable to COMPANY’s or such AFFILIATE’s sublicense of the rights granted hereunder, based upon their relative importance and proprietary protection, which portion shall be the SUBLICENSE INCOME. THE PARTIES shall have the right to dispute such sharing determination in accordance with the dispute provisions of the AGREEMENT.

  • Royalty Report The term “Royalty Report” shall have the meaning ascribed to such term as provided in Section 5.4.

  • PROGRESS AND ROYALTY REPORTS 8.1 For the period beginning [date] LICENSEE will submit to REGENTS a semi-annual progress report covering LICENSEE's activities related to the development and testing of all LICENSED PRODUCTS, LICENSED SERVICES and LICENSED METHOD and the obtaining of necessary governmental approvals, if any, for marketing in the United States. These progress reports will be made for all development activities until the first SALE occurs in the United States.

  • Combination Product The term “

  • Other Products After clinical or other evidence, provided in writing [***] to Company, demonstrating the practicality of a particular market or use within the LICENSED FIELD which is not being developed or commercialized by Company, Company shall either provide JHU with a reasonable development plan and start development or attempt to reasonably sublicense the particular market or use to a third party. If within six (6) months of such notification [***] Company has not initiated such development efforts or sublicensed that particular market or use, JHU may terminate this license for such particular market or use. This Paragraph shall not be applicable if Company reasonably demonstrates to JHU that commercializing such LICENSED PRODUCT(S) or LICENSED SERVICE(S) or granting such a sublicense in said market or use would have a potentially adverse commercial effect upon marketing or sales of the LICENSED PRODUCT(S) developed and being sold by Company.

  • Additional Products Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products.

  • Manufacturing Services Jabil will manufacture the Product in accordance with the Specifications and any applicable Build Schedules. Jabil will reply to each proposed Build Schedule that is submitted in accordance with the terms of this Agreement by notifying Company of its acceptance or rejection within three (3) business days of receipt of any proposed Build Schedule. In the event of Jabil’s rejection of a proposed Build Schedule, Jabil’s notice of rejection will specify the basis for such rejection. When requested by Company, and subject to appropriate fee and cost adjustments, Jabil will provide Additional Services for existing or future Product manufactured by Jabil. Company shall be solely responsible for the sufficiency and adequacy of the Specifications [***].

  • Product and Service Warranties 21- SECTION 3.30

  • Licensed Product “Licensed Product” shall mean any article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights. For clarity, a “Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights.

  • Royalty Reports After the first commercial sale of a Licensed Product anywhere in the world, LICENSEE shall submit to UNIVERSITY quarterly royalty reports on or before each February 28, May 31, August 31 and November 30 of each year. Each royalty report shall cover LICENSEE’s (and each Affiliate’s and Sublicensee’s) most recently completed calendar quarter and shall show:

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