Bundled Products Clause Samples
The Bundled Products clause defines how multiple products or services are combined and offered together as a single package under the agreement. It typically outlines which items are included in the bundle, how pricing is determined for the combined offering, and any special terms that apply to the bundled arrangement, such as discounts or limitations on substituting individual components. This clause ensures both parties have a clear understanding of what is included in the bundle and how it is managed, thereby preventing disputes over product scope and pricing.
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Bundled Products. Where a Product is sold in a Bundle, then for the purposes of calculating Net Revenues under this Agreement, such Product will be deemed to be sold for an amount equal to [X ÷ (X + Y)] × Z, where: X is the average sales price during the applicable reporting period generally achieved for such dosage form of such Product in the Collaboration Scope; Y is the sum of the average sales price during the applicable reporting period generally achieved in the Collaboration Territory, when sold alone, by each pharmaceutical product in the relevant dosage form included in the Bundle (excluding such Product); and Z equals the price at which the Bundle was actually sold. In the event that such Product or one or more of the other pharmaceutical products in the Bundle are not sold separately in the relevant dosage form, Net Revenues from the sale of such Bundle will be reasonably allocated between such Product and the other product(s) in such Bundle based upon their relative values and the Parties will determine the equitable fair market prices to apply to such Bundle; provided, that in the event of a disagreement with respect to such relative values, the Parties will engage a mutually agreed upon independent expert to make the final determination with respect thereto. Notwithstanding the foregoing, no Product will be sold in a Bundle if such sale would violate Applicable Law.
Bundled Products. In the event that a Licensed Product is sold as part of a Bundled Product the Net Sales of the Licensed Product, for the purposes of determining royalty payments, shall be determined by multiplying the Net Sales of the Bundled Product by the fraction, A/(A+B) where A is the average sale price of the Licensed Product when sold separately in finished form, provided A is sold thusly, and B is the average sale price of the other product(s) in the Bundled Product sold separately in finished form. In the event the Licensed Product is sold separately in finished form, Licensor and Licensee will mutually agree on a value for the average sale price of the Licensed Product if it were to be sold separately in finished form and that average sale price will be incorporated into the calculation above.
Bundled Products. MP may bundle any of the MP Products with other MP Products (i.e., the Energy Products, the Energy Related Products and the Other Related Products) for sale or promotion. If MP wants to bundle any other products or services with any of the MP Products, it may do so only with the prior approval of AOL, and that in that context AOL may require additional compensation (e.g., revenue share) for such additional products. EXHIBIT E
Bundled Products. If any Product includes both hardware and software components, discontinuation will be treated based on the predominant character of the components, as determined in 3Com's sole discretion.
Bundled Products. (i) Whenever any Milestone Company Product is sold as part of a Bundled Product and all products in such Bundled Product are sold on a “stand-alone” basis within the particular sales region of such sale, the “Net Sales Amount” for such Milestone Company Product resulting from such sale of such Bundled Product shall be (i) the Net Sales reported by Parent for such Bundled Product, multiplied by (ii) a fraction, the numerator of which is the Per Unit Average Selling Price of such Milestone Company Product sold within such sales region and the denominator of which is the sum of (x) such numerator, and (y) the aggregate Per Unit Average Selling Prices within such sales region of all other products included in such Bundled Product that are not Milestone Company Products.
(ii) Whenever any Milestone Company Product is sold as part of a Bundled Product and such Milestone Company Product is sold on a “stand-alone” basis within the particular sales region of such sale, and any of the other products included in such Bundled Product are not sold on a “stand-alone” basis within such sales region, the “Net Sales Amount” for such Milestone Company Product resulting from such sale of such Bundled Product shall be the product of (i) the Net Sales reported by Parent for such Bundled Product, multiplied by (ii) a fraction, the numerator of which is the Per Unit Average Selling Price of such Milestone Company Product sold within such sales region, and the denominator of which is the sum of (x) the numerator, (y) the aggregate Per Unit Average Selling Prices within such sales region of all other products included in such Bundled Product that are not Milestone Company Products that are sold on a “stand-alone” basis within such sales region, and (z) the fair market prices that Parent would have charged within such sales region to an unrelated purchaser, on a “stand-alone” basis, for all of the other products included in such Bundled Product that are not Milestone Company Products and that are not sold on a “stand-alone” basis within such sales region.
Bundled Products. In the event Licensee sells or has a Product sold as part of a bundle with any other products, any discount on such bundle shall be apportioned equitably across the products therein for purposes of determining Net Sales under this Agreement.
Bundled Products. The Licensor shall receive the following royalty rates for legal download sales/streaming of any bundled digital release and/or for sales of any bundled digital release for preload on a mobile phone/memory card: • Digital Audio Products (bundled): 18% (eighteen percent) • Digital Audiovisual Products (bundled): 18% (eighteen percent)
Bundled Products. The Software may include or be bundled with other software programs licensed under different terms and/or licensed by a vendor other than Kofax. Use of any software programs accompanied by a separate license agreement is governed by that separate license agreement. Any third party software that may be provided with the Software is included for use at your option. Kofax is not responsible for any third party's software and shall have no liability for your use of third party software.
Bundled Products. Subject to the provisions of this Section 4.3, Medtronic may, at its option, include any Medtronic Licensed Product as a part of a Bundled Product. If Medtronic, its Affiliates or sublicensees sells at a single price or rate, a Bundled Product that includes a Medtronic Licensed Product as well as other products, not all of which if sold individually would be Medtronic Licensed Products, then “Net Sales” with respect to such sales of such Bundled Products shall equal the total sales price of the Bundled Product multiplied by the fraction equal to one (1) minus A/B, where A is the total average selling prices, when separately sold, of the products included in the Bundled Product that are not Medtronic Licensed Products, and B is the total of the average selling prices, when separately sold, of the Medtronic Licensed Products and each of the other products included in the Bundled Product. If the above fraction cannot be determined because a product in the Bundled Product is not sold separately, then the “Net Sales” for the purpose of determining the royalty due for such Bundled Product shall be determined by the Parties in good faith on the basis of the fair market values of the different products included in the Bundled Product.
Bundled Products. Where Ivory is sold in a Bundle, then for the purposes of calculating the Ivory Net Revenues under this Agreement, such Ivory will be deemed to be sold for an amount equal to X ÷ (X + Y) × Z, where: X is the average sales price during the applicable reporting period generally achieved for such dosage form of Ivory in the Collaboration Scope; Y is the sum of the average sales price during the applicable reporting period generally achieved in the Collaboration Territory, when sold alone, by each pharmaceutical product in the relevant dosage form included in the Bundle (excluding Ivory); and Z equals the price at which the Bundle was actually sold. In the event that Ivory or one or more of the other pharmaceutical products in the Bundle are not sold separately in the relevant dosage form, the Ivory Net Revenues from the sale of such Bundle will be reasonably allocated between Ivory and the other product(s) in such Bundle based upon their relative values and the JSC will determine an equitable fair market price to apply to such bundled Ivory. Notwithstanding the foregoing, Ivory will not be sold in a Bundle if such sale would violate Applicable Law.