New Application. Nothing contained herein or in any other agreement between the Company and XOX shall limit or restrict the power, right or authority of the Company to (i) create or develop new geometric modeling applications using the Software, or (ii) create or develop any substitute or replacement for the Software, and no payments shall be due or owing to XOX by the Company on account of any use, sale, license, sublicense or lease of any software that is a replacement or substitute for the Software, if such substitute or replacement is created by the Company independently of the Software (such as in a clean room and without use of, and independent of, the Software, the Source Code, the Development Environment, the Documentation, XOX Confidential Information, or any Conveyed Rights in which XOX has an interest).
Appears in 2 contracts
Sources: Software Maintenance, Support and Assignment Agreement (Xox Corp), Software Maintenance, Support and Assignment Agreement (Xox Corp)