Common use of Freedom to Compete Clause in Contracts

Freedom to Compete. Subject to the provisions of the Agreement, each party acknowledges and agrees that nothing herein shall be construed as restricting or prohibiting either party from lawfully competing with the other party in any other aspects of its business, including, without limitation, the development, marketing and/or distribution of other products and services. Without limiting the generality of the preceding sentence, each party acknowledges that the other party is in the business of designing, developing and exploiting both directly and indirectly various products and that each party maintains and continuously seeks licensing and distribution relationships with third parties. Each party agrees that nothing in this Agreement will be construed as restricting or prohibiting such party from continuing its business in any lawful manner. Each party may in its sole discretion at any time during or after the term of this Agreement (i) design, develop, manufacture, market, publish, license, distribute, and otherwise exploit any products or services, even if such products or services are competitive with or similar to any of the other party’s products, subject only to the other party’s respective copyrights, patent rights, and other proprietary rights in and to the other party’s Products, and/or (ii) enter into and maintain licensing and distribution relationships with any persons or entities, even if such third parties are competitors or licensees of the other party.

Freedom to Compete. Subject to the provisions terms of the Agreementthis agreement, each party acknowledges and agrees that nothing herein shall in this agreement will be construed as restricting or prohibiting either party from lawfully competing with the other party in any other aspects of its business, including, without limitation, the development, marketing development of and/or distribution of other software products and services. Without limiting the generality of the preceding sentenceforegoing, each party acknowledges that the other party is in the business of designingcreating and publishing software products for a variety of hardware platforms and related hardware products, developing and exploiting both directly and indirectly various products and that each the other party maintains and continuously continually seeks relationships with other parties, and that the other party maintains and continually seeks licensing and distribution relationships or similar arrangements with third other parties. Each party agrees that nothing in this Agreement agreement will be construed as restricting or prohibiting such the other party from continuing its business in any lawful manner. Each manner and without limitation the other party may in at its sole discretion at any time during or after the term of this Agreement agreement (ia) designcreate, developpublish, manufacture, market, publish, license, distribute, market and otherwise exploit distribute any products or servicesother products, even if such products or services are competitive with or to and similar to any of the other party’s products, subject only to the other party’s respective copyrights, patent rights, Titles; and other proprietary rights in and to the other party’s Products, and/or (iib) enter into and maintain licensing and distribution relationships with any persons or entitiesother party, even if such third parties are competitors competitors, or licensees licensor of the other party.