Reservations and Limitations Sample Clauses

Reservations and Limitations. Licensee acknowledges and agrees that except for the licenses granted in Section 2 above, nothing in this Agreement will be deemed to grant, by implication, estoppel or otherwise, a license under any of Licensor’s existing or future intellectual property rights. Licensor reserves all rights not granted to Licensee in Section 2. Without limiting the foregoing, Licensee acknowledges and agrees that the licenses granted herein are non-exclusive and, without limiting the provisions of the Asset Purchase Agreement, Licensor retains the right to license the Licensed Patents to third parties in any territory and for any purpose. Licensee agrees that, as a condition to the licenses granted herein, it will not contest anywhere in the world Licensor’s ownership of the Licensed Patents, nor will Licensee challenge the validity of Licensor’s rights in the Licensed Patents.
Reservations and Limitations. KP ICD retains all rights except those rights expressly granted and does not grant TBRI Practitioner any other licenses or intellectual property rights.
Reservations and Limitations. (a) Except as otherwise provided herein or agreed by the Parties, ISV shall not decompile, reverse engineer, or otherwise disassemble any xSides Technology, xSides PDK including the xSides Object Code or any portion thereof, in any manner, and xSides shall not decompile, reverse engineer, or otherwise disassemble any ISV Server Product, or any portion thereof, in any manner. (b) Neither Party grants the other Party any right, title or interest under any Intellectual Property Rights of the other, except as expressly provided herein. The goodwill from use of each Party's trademarks hereunder shall inure to the benefit of the Party who owns the trademark. ISV agrees that it shall not at any time apply for registration of any copyright, trademark, patent or any other designation which would affect the ownership of the xSides Owned Assets, nor file any document with any governmental authority or take any action which would affect the ownership thereof. xSides agrees that it shall not at any time apply for registration of any copyright, trademark, patent or any other designation which would affect the ownership of the ISV Owned Assets, nor file any document with any governmental authority or take any action which would affect the ownership thereof. (c) Each Party shall ensure that (i) all installation and download of the Customized xSides Client Product is subject to an xSides End User License Agreement, which shall incorporate customary protections for xSides' Intellectual Property Rights consistent with the terms, conditions and scope of license provided by this Agreement, and (ii) Customized xSides Client Products and all related Websites, packaging and advertising materials under its control shall contain appropriate copyright, trademark and patent notices, in a form subject to both xSides' and ISV's approval. (d) ISV shall not combine any software that is subject to an open source code license with xSides Owned Assets in a manner that xSides Owned Assets, or any portion thereof, thereby becomes subject to the terms of such open source code license.
Reservations and Limitations. (a) Accumed shall not be liable to any person for any injury or damage to business, earnings, profits or good will suffered by any such person and caused, directly or indirectly, by Products manufactured by Salcom pursuant to this Agreement, even if Accumed shall have been advised of the possibility of same. (b) Accumed reserves the right to discontinue the availability of any Product or to alter the Licensed Technology relating to any Product.
Reservations and Limitations. It is mutually expressly agreed and understood that this Settlement Agreement is not intended to, and does not, amend, restrict, nullify, or supersede in any way any of the terms of the Amended and Restated Employment Agreement or any Party’s respective obligations under the Amended and Restated Employment Agreement. The Amended and Restated Employment Agreement shall remain in full force and effect.

Related to Reservations and Limitations

  • Exceptions and Limitations For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions.

  • Conditions and Limitations The admission of any Person as a Substituted Member or an Additional Member shall be conditioned upon (i) such Person’s written acceptance and adoption of all the terms and provisions of this Agreement, either by (A) execution and delivery of a counterpart signature page to this Agreement countersigned by the Managing Member on behalf of the Company or (B) any other writing evidencing the intent of such Person to become a Substituted Member or an Additional Member and such writing is accepted by the Managing Member on behalf of the Company.

  • Restrictions and Limitations (a) The Trust shall not lend assets of the Trust to any officer or Trustee of the Trust or to any officer, director, or stockholder (or partner of a stockholder) of, or person financially interested in, the investment adviser or any underwriter of the Trust, or to the investment adviser of the Trust or to any underwriter of the Trust. (b) The Trust shall not restrict the transferability or negotiability of the shares of the Trust, except in conformity with the statements with respect thereto contained in the Trust's Registration Statement, and not in contravention of such rules and regulations as the SEC may prescribe. (c) The Trust shall not permit any officer or Trustee of the Trust, or any officer, director, or stockholder (or partner of a stockholder) of the investment adviser or any underwriter of the Trust to deal for or on behalf of the Trust with himself as principal or agent, or with any partnership, association or trust in which he has a financial interest; provided that the foregoing provisions shall not prevent, to the extent consistent with applicable securities laws: (1) officers and Trustees of the Trust from buying, holding, redeeming, or selling shares in the Trust, or from being officers, directors, or stockholders (or partners of a stockholder) of or otherwise financially interested in the investment adviser or any underwriter of the Trust; (2) purchases or sales of securities or other property by the Trust from or to an affiliated person or to the investment adviser or any underwriter of the Trust, if such transactions are not prohibited by the 1940 Act or have been exempted by SEC order from the prohibitions of the 1940 Act; (3) purchases of investments for the portfolio of the Trust through a securities dealer who is, or one or more of whose partners, stockholders, officers, or directors is, an officer or Trustee of the Trust, if such transactions are handled in the capacity of broker only and commissions charged do not exceed customary brokerage charges for such services; (4) employment of legal counsel, registrar, transfer agent, dividend disbursing agent, or custodian who is, or has a partner, stockholder, officer, or director who is, an officer or Trustee of the Trust, if only customary fees are charged for services to the Trust; (5) sharing statistical research, legal and management expenses and office hire and expenses with any other investment company in which an officer or Trustee of the Trust is an officer, trustee, or director or otherwise financially interested.

  • Exclusions and Limitations 2.1 Disclaimer a) To the extent permitted by law, the warranties in this Limited Warranty are the only express warranty given for the Product. BYD disclaims all statutory and implied warranties, including without limitation, any warranties of merchantability, fitness for a particular purpose, or non-infringement. To the extent permitted by law, in so far as such warranties cannot be disclaimed, BYD limits the duration and remedies of such warranties to the duration of this Limited Warranty and, at BYD's option, the repair or replacement services described below. b) Neither seller of the Product nor any other person is authorized to make any warranties on behalf of BYD other than those contained in this document or to extend the duration of the warranties beyond the periods specified above.

  • Exclusions and Limitations of Liability TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, (a) NONE OF THE 8x8 PARTIES SHALL BE LIABLE UNDER THE AGREEMENT FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR COVER DAMAGES; LOSS OF PROFITS, REVENUES, OR GOODWILL; OR LOSS OR INTERRUPTION OF BUSINESS, WHETHER FROM BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE AND (b) THE MAXIMUM LIABILITY OF THE 8x8 PARTIES UNDER THE AGREEMENT, WHETHER ARISING FROM A THEORY OR CLAIM OF BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, TORT, STATUTORY DUTY, OR OTHERWISE, SHALL IN NO CASE EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAYABLE UNDER THE AGREEMENT FOR THE TWELVE- (12-) MONTH PERIOD PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING EXCLUSION AND LIMITATION SHALL APPLY REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND ON A CUMULATIVE (RATHER THAN PER-INCIDENT) BASIS. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE PRICING AND OTHER TERMS UNDER THE AGREEMENT ARE BASED ON THE FOREGOING EXCLUSION AND LIMITATION.