LABS Technology definition
Examples of LABS Technology in a sentence
LABS will have the right to test this device and to approve the functionality of LABS Technology in such device.
LABS retains all right, title, and interest in the LABS Technology, including, without limitation, all patents, copyrights, trade secrets, and any other intellectual property and proprietary rights.
Upon exercise of the option, LABS shall grant to MASIMO the license to make, use and sell devices incorporating LABS Technology for use in blood glucose measurement and total hemoglobin measurement applications for distribution directly or through distributors to hospitals, only for use in hospitals ("Hospital Glucose Devices").
LABS will reasonably cooperate with MASIMO by providing at no charge to MASIMO any LABS data in its possession that is reasonably required to obtain the regulatory approvals, including but not limited to 510(k) application materials submitted by LABS for its own products that incorporate LABS Technology for Products in the MASIMO Market.
When LABS and MASIMO no longer have the same CEO, either Party may request that each of MASIMO and LABS place in escrow with an independent third party copies of the LABS Technology and MASIMO Technology, respectively, pursuant to the terms of an escrow agreement on commercially reasonable and standard terms.
To the extent necessary, engineering support will apply in reverse with respect to any LABS Technology licensed to MASIMO on a pari passu basis.
Any development using or Improvement to proprietary MASIMO Technology or LABS Technology made by LABS or by MASIMO that relates to Non-▇▇▇▇▇ ▇▇▇▇▇ Monitoring, and any new technology acquired by LABS during the term of this Agreement shall be the sole property of LABS, and LABS has the right to apply for copyrights, patents (including utility and design patents), or other protection for intellectual property rights anywhere in the world under its own name and at its own expense.
In the event MASIMO desires to use LABS Technology to develop any application not included within ▇▇▇▇▇ ▇▇▇▇▇ Monitoring and Non-▇▇▇▇▇ ▇▇▇▇▇ Monitoring, MASIMO is non-exclusively licensed to use LABS Technology to develop such application.
These royalties begin upon the first commercial sale of any device by MASIMO including LABS Technology, but not later than one year after LABS delivers a pilot prototype production core processor board and sensor for either noninvasive glucose measurement or hematocrit.
MASIMO agrees to make available to LABS upon request, one (1) sample of each device of MASIMO which includes blood glucose measurement and/or hemoglobin measurement based upon the LABS Technology.