Common use of Applicable Products Clause in Contracts

Applicable Products. (a) If Seagate desires to distribute an Applicable Product (which may be, for example, a new feature or an entirely new product) which VERITAS does not then offer, it shall first so notify VERITAS and provide VERITAS the opportunity to provide the Applicable Product (e.g., as a new Software Product or feature developed by VERITAS, or as a Seagate Development pursuant to Section 4 above). If the parties are, for any reason, unable to agree on VERITAS' providing that Applicable Product, or if VERITAS fails to provide the Applicable Product as agreed, Seagate will be entitled to market and distribute a Competing Version of that Applicable Product, notwithstanding Section 6.8(a) above. In this event: (i) If the proposed Applicable Product was a version of a then existing Software Product, then Seagate's rights with respect to that Software Product pursuant to Section 6.6(a) above shall terminate. (ii) If the proposed Applicable Product was a new software product, then Seagate's rights pursuant to Section 6.6(a) above with respect to that Applicable Product, or any Software Product directly competitive with that Applicable Product, shall terminate, provided that if thereafter VERITAS offers a Software Product which is comparable to, competitive with, or a reasonable substitute for that Applicable Product (regardless of additional features or functionality), then VERITAS shall so notify Seagate and (A) if Seagate substitutes the Software Product for the Competing Version, then Seagate will retain its rights with respect to that Software Product under Section 6.6(a), and (B) if Seagate does not substitute the Software Product for the Applicable Product, then Seagate's rights pursuant to Section 6.6(a) with respect to that Software Product shall terminate. Seagate shall communicate to VERITAS Seagate's commitment to make any such substitution within sixty (60) days after the later of receipt of the notice from VERITAS or VERITAS' release of the Software Product, and Seagate shall have a reasonable time thereafter to effect the substitution. (b) Notwithstanding Section 6.8(a) above, Seagate will be entitled to continue to distribute any non-VERITAS Applicable Products which, as of the Effective Date, Seagate bundles with any of its hardware products. If, however, after the Effective Date VERITAS introduces a new Software Product that is a reasonable substitute for that Applicable Product, VERITAS shall so notify Seagate, and (i) if Seagate substitutes the Software product for that Applicable Product, then Seagate will retain its rights with respect to that Software Product pursuant to Section 6.6(a), and (ii) if Seagate does not substitute the Software Product for that Applicable Product, then Seagate's rights pursuant to Section 6.6(a) with respect to that Software Product shall

Applicable Products. (a) If Seagate desires to distribute an Applicable Product (which may be, for example, a new feature or an entirely new product) which VERITAS does not then offer, it shall first so notify VERITAS and provide VERITAS the opportunity to provide the Applicable Product (e.g., as a new Software Product or feature developed by VERITAS, or as a Seagate Development pursuant to Section 4 above). If the parties are, for any reason, unable to agree on VERITAS' providing that Applicable Product, or if VERITAS fails to provide the Applicable Product as agreed, Seagate will be entitled to market and distribute a Competing Version of that Applicable Product, notwithstanding Section 6.8(a) above. In this event: (i) If the proposed Applicable Product was a version of a then existing Software Product, then Seagate's rights with respect to that Software Product pursuant to Section 6.6(a) above shall terminate. (ii) If the proposed Applicable Product was a new software product, then Seagate's rights pursuant to Section 6.6(a) above with respect to that Applicable Product, or any Software Product directly competitive with that Applicable Product, shall terminate, provided that if thereafter VERITAS offers a Software Product which is comparable to, competitive with, or a reasonable substitute for that Applicable Product (regardless of additional features or functionality), then VERITAS shall so notify Seagate and (A) if Seagate substitutes the Software Product for the Competing Version, then Seagate will retain its rights with respect to that Software Product under Section 6.6(a), and (B) if Seagate does not substitute the Software Product for the Applicable Product, then Seagate's rights pursuant to Section 6.6(a) with respect to that Software Product shall terminate. Seagate shall communicate to VERITAS Seagate's commitment to make any such substitution within sixty (60) days after the later of receipt of the notice from VERITAS or VERITAS' release of the Software Product, and Seagate shall have a reasonable time thereafter to effect the substitution. (b) Notwithstanding Section 6.8(a) above, Seagate will be entitled to continue to distribute any non-VERITAS Applicable Products which, as of the Effective Date, Seagate bundles with any of its hardware products. If, however, after the Effective Date VERITAS introduces a new Software Product that is a reasonable substitute for that Applicable Product, VERITAS shall so notify Seagate, and (i) if Seagate substitutes the Software product Product for that Applicable Product, then Seagate will retain its rights with respect to that Software Product pursuant to Section 6.6(a), and (ii) if Seagate does not substitute the Software Product for that Applicable Product, then Seagate's rights pursuant to Section 6.6(a) with respect to that Software Product shallshall terminate. Seagate shall communicate to VERITAS any such commitment to make the substitution within sixty (60) days after the later of receipt of the notice from VERITAS or VERITAS' release of the Software Product, and Seagate shall have a reasonable time thereafter to effect the substitution.