Common use of RELEASE OF LICENSEE Clause in Contracts

RELEASE OF LICENSEE. NetRatings hereby forever releases and discharges Licensee and its parent corporations, subsidiaries, officers, directors, managing members, members and employees (collectively, the “Licensee Releasees”) from any and all claims, counterclaims, causes of action, liabilities, judgments and damages arising from or in connection with the Action or which should have been brought in the Action, including Licensee’s making (including practicing methods, processes and procedures), having made, Distributing, and having Distributed the Licensed Products up to and including the Effective Date of this Agreement, and NetRatings hereby covenants not to bring any action, suit or proceeding against Licensee Releasees for any claims, counterclaims, causes of action, liabilities, judgments or damages arising from or in connection with the Action or which should have been brought in the Action, including such making or Distribution of the Licensed Products up to and including the Effective Date of this Agreement. This release is applicable to any third party’s making (including practicing methods, processes and procedures), having made, Distributing, and having Distributed the Licensed Products up to and including the Effective Date of this Agreement, and NetRatings hereby covenants not to bring any action, suit or proceeding against any such third party for such making or Distribution of the Licensed Products up to and including the Effective Date. Nothing in this Section 7.1 is intended by NetRatings to release Licensee from any of its obligations under this Agreement or any liability of Licensee for actions occurring after the Effective Date, including, without limitation, actions that, in the absence of the License granted hereunder, would constitute infringement of one or more claims of the NetRatings Patents.

Appears in 2 contracts

Sources: Settlement and Patent Cross License Agreement (Omniture, Inc.), Settlement and Patent Cross License Agreement (Visual Sciences, Inc.)