Common use of Program License Clause in Contracts

Program License. Genomatica hereby grants to WMOG a non-exclusive, non-sublicensable (except to WMOG’s Affiliates), royalty free license to use Genomatica’s Background Technology directly relevant to the Program and Program Technology within the Field and Territory solely for purposes of performing WMOG’s obligations under the Program during the term of this Agreement. WMOG hereby grants to Genomatica a non-exclusive, non-sublicensable, royalty free license to use WMOG’s Background Technology directly relevant to the Program within the Field and Territory solely for purposes of performing Genomatica’s obligations under the Program during the term of this Agreement. WMOG reserves all rights under its Background Technology, subject only to the license granted to Genomatica in this Section 8.1, and Genomatica reserves all rights under its Background Technology and the Program Technology, subject only to the license granted to WMOG in this Section 8.1 and any license granted under a Commercialization Agreement entered into pursuant to Section 8.2. If WMOG grants a sublicense of the license under this Section 8.1 to any of its Affiliates, WMOG shall cause its Affiliates to comply with all obligations of WMOG hereunder, including, without limitation, Sections 7.2 and 15; provided that WMOG shall at all times be fully responsible for the performance of such Affiliate.