Rights to Use. Each Party shall have the right to (i) use the Jointly Developed IP to use, import, sell, offer for sale, make, or have made, products which include the Jointly Developed IP for sale to Third Parties and (ii) license the Jointly Developed IP, the Applications and the Registrations to Third Parties subject to the limitations set forth in Section 3.4. Jointly Developed IP shall be deemed to include jointly developed Improvements pursuant to Section 5.3(b) above for the foregoing purposes. Any fees or other sums collected by a Party in consideration of any license granted for the Jointly Developed IP, the Applications or the Registrations may be retained by the Party without accounting to the other Party. For the avoidance of doubt, neither Party shall have any rights to any Intellectual Property of the other Party solely because such Intellectual Property is necessary to use, import, sell, offer for sale, make or have made products which incorporate the Jointly Owned IP, except as expressly set forth in this Agreement.
Appears in 3 contracts
Sources: Joint Development and Supply Agreement, Joint Development and Supply Agreement (A123 Systems Inc), Joint Development and Supply Agreement (A123 Systems, Inc.)