Common use of Customers and Distributors Clause in Contracts

Customers and Distributors. Each party, on behalf of itself and its Subsidiaries, irrevocably releases the direct and indirect Distributors of the other Party from any liability for Patent infringement arising on account of using, importing, offering for sale, selling, licensing, supplying, distributing, otherwise making available, or promoting the commercialization of the other Party’s products and services (including Excluded Products) prior to the Effective Date, provided the foregoing release does not apply to Wine or to any specific copy of a product for which such other Party did not receive Revenue directly or indirectly. Each party, on behalf of itself and its Subsidiaries, also irrevocably releases the respective direct and indirect Customers of the other Party from any liability for Patent infringement arising on account of using the other Party’s products and services (including Excluded Products) obtained prior to the Effective Date, provided the foregoing release does not apply to Wine or to any specific copy of a product for which such other Party did not receive Revenue directly or indirectly.

Appears in 2 contracts

Sources: Patent Cooperation Agreement (Novell Inc), Patent Cooperation Agreement (Novell Inc)