FILED: NEW YORK COUNTY CLERK 02/03/ :58 PM INDEX NO /2015 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 02/03/2017
|
|
- Aldous Knight
- 5 years ago
- Views:
Transcription
1 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 02/03/2017 Kusmin, Ben From: Sent: To: Subject: Attachments: Tony Piotrowski Wednesday, November 11, :52 AM Tony Piotrowski FW: RE: ATSC - Notice of Termination FINAL DRAFT ATSC AGREEMENTS.msg From: 홍종필 [mailto:j.p.hong@samsung.com] Sent: Thursday, November 05, :57 PM To: Tony Piotrowski Subject: RE: RE: ATSC - Notice of Termination Tony, Thank you for your call and below . We have carefully reviewed MPEG LA s position but strongly disagree. Samsung has fully complied with the terms under AAL, LAA, PPL and all other related agreements and effectively terminated these agreements through the notice of termination letters of October 5, Section 7.2 of AAL clearly states that a licensor may terminate (1) AAL, (2) the right of the Licensing Administrator to grant sublicenses and (3) LAA at any time with a thirty day written notice (the termination of all of which are grouped together and defined in the same section as Termination ). There is nothing in Section 7.2 that restricts a party from terminating before January 1, The only time/date restriction is found in subsection which states that there is no Right of Termination for five years after the first PPL. Subsection then goes on to specify apportionment of revenues when there is Termination after that 5 year period. Any plain reading of these provisions makes it abundantly clear that a licensor has the Right of Termination (which by definition includes termination of (1) AAL, (2) the right to sublicense, and (3) LAA) any time after the 5 year period with a 30 day written notice. Furthermore, discussions in 2007 relating to the voluntary termination provisions clearly support Samsung s position. As shown in your attachment ( correspondence between Larry Horn and licensors), it is correct that the early termination issue was raised and discussed. However, MPEG LA s conclusion that licensors agreed to a 10 year term until January 1, 2017 without right of termination is simply incorrect. Before the final version, draft AALs included a date/time restriction language as found in the LAA: At any time after January 1, When licensors raised the early termination issue as evidenced in the correspondence referenced in your , the AAL was amended to delete the date/time language and adding subsection to address Right of Termination after a five year period. CEO of MPEG LA, Larry Horn, explains in the attached that the changes in section 7.2 were made to provide an early right of termination with penalty on the part of Licensors starting in year 6. Finally, with respect to section 2.13 of AAL, as we have effectively terminated all relevant licensor agreements, we are no longer required to be a licensee. Even if we assume for the sake of argument that the relevant licensor agreements have not been terminated, we do not believe that section 2.13 applies here because there are no remaining patents that arguably may read on Samsung s product or activities and, to the extent any such patents exist, those patents are invalid. Accordingly, Samsung has fully complied with and effectively terminated AAL, LAA, PPL and all other related agreements. Please kindly confirm the termination of these agreements and let us know if you have any questions. From: Tony Piotrowski [mailto:tpiotrowski@mpegla.com] Sent: Wednesday, November 04, :20 AM 1
2 NYSCEF To: DOC. Hong NO. 75 RECEIVED NYSCEF: 02/03/2017 Subject: RE: Re: RE: RE: ATSC - Notice of Termination As we discussed last night, MPEG LA does not consider the terminations of the ATSC agreements requested by Samsung on October 5, 2015 as valid or effective. We believe Samsung should continue to uphold and abide by its obligations under the AAL, LAA, PPL and any and all other related agreements until at least January 1, 2017 and that the failure to do so would be a breach of those agreements. More specifically, Section 2.2 of the AAL requires that the parties enter into the LAA with MPEG LA. Section of the LAA then provides that "[a]t any time after January 1, 2017, each Licensor shall have the right upon thirty (30) days' written notice to all other Licensors and the Licensing Administrator, to terminate with respect to itself all, but not less than all, of the following: (i) this Agreement; (ii) the right of the Licensing Administrator to grant additional sublicenses under its license or sublicense to the Licensing Administrator granted pursuant to Section 2.3 of the Agreement Among Licensors; and (iii) the Agreement Among Licensors." (emphasis added). This provision makes it unambiguously clear that a Licensor may not terminate any of the AAL, the LAA, or its grant of a license to MPEG LA prior to January 1, Section 7.2 of the AAL similarly provides that "[s]ubject to the conditions set forth in this Section 7.2, each Party shall have the right... to terminate with respect to itself all but not less than all of the following: (1) this Agreement, (2) the right of the Licensing Administrator to grant additional sublicenses under its license or sublicense granted by such terminating Party pursuant to Section 2.3 of this Agreement; and (3) the ATSC Licensing Administrator Agreement entered into pursuant to Section 2.2 of this Agreement []." The provisions of Section are not to the contrary they simply provide what would happen if such termination were to occur, but do not provide the right to terminate prematurely. By its terms, Samsung cannot terminate the AAL unless it also terminates the LAA, which it may not do until January 1, Accordingly, Samsung remains bound by these agreements irrespective of its October 5, 2015 notices. Section 2.13 of the AAL, meanwhile, provides that each ATSC Licensor must also be an ATSC Licensee. Thus, because Samsung is committed to remaining a Licensor until at least January 1, 2017, it is not free to terminate the PPL before that date, and remains bound to its obligations under the PPL. As you know, at the time MPEG LA negotiated the terms of the AAL, LAA, and the PPL with the original group of ATSC Licensors, including Samsung, in 2007, there was much discussion about the operation of the voluntary termination provisions. In addition to the clear language of the agreements referenced above, there was no ambiguity whatsoever that Licensors were committing to participate in the ATSC program as both Licensors and Licensees without right of termination before January 1, Samsung was fully aware of this fact. For example, attached is correspondence at the time of the formation of the ATSC pool that clearly states the obligation. Samsung was copied on this e mail and at no time did Samsung object. Accordingly, Samsung should continue to file timely ATSC royalty reports, make timely royalty payments, and comply with any and all other obligations under the PPL; and to the extent Samsung does otherwise, it does so at its own risk. For its part, MPEG LA will continue to grant additional sublicenses under its license or sublicense granted by Samsung pursuant to Section 2.3 of the Agreement Among Licensors, and of course, reserves any and all rights both at law and in equity. Tony From: Tony Piotrowski Sent: Wednesday, October 28, :25 PM To: Hong; ContractAdministrator; Larry Horn; Tracy Edwards; Jack Kail; Richard Lewis; Hwi-Jae Cho; Cc: 김태형 ; Seungpyo Shin Subject: RE: Re: RE: RE: ATSC - Notice of Termination 2
3 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 02/03/2017 The date of your letter is not in compliance with the termination provisions of the LAA or the PPL. Tony Sent: Tuesday, October 20, :17 PM To: Tony Piotrowski; ContractAdministrator; Larry Horn; Tracy Edwards; Jack Kail; Richard Lewis; Hwi-Jae Cho; Cc: Hong; 김태형 ; Seungpyo Shin Subject: Fwd: Re: RE: RE: ATSC - Notice of Termination Hi Tony, I don't understand what you mean by Samsung not being in compliance with the PPL. Could you kindly further explain/clarify. Thank you Original Message Sender : Tony Piotrowski<TPiotrowski@mpegla.com> Date : :52 (GMT+09:00) Title : RE: RE: ATSC - Notice of Termination Thanks, for your . What you propose is not in compliance with the PPL, however, and we must also reserve all rights. Tony Sent: Thursday, October 15, :59 PM To: Tony Piotrowski; ContractAdministrator; Larry Horn; Tracy Edwards; Jack Kail; Richard Lewis; Hwi-Jae Cho; Cc: 김태형 ; Seungpyo Shin Subject: Re: RE: ATSC - Notice of Termination Dear Tony, Thank you for confirming receipt of the termination letters. Samsung s position with respect to the ATSC Essential Patents is well supported. The fact that the ATSC Essential Patents are either invalid and/or not infringed means that our obligations actually ceased before the termination of 3
4 NYSCEF PPL. DOC. However, NO. 75in order to avoid unnecessary disputes and legal expenses, Samsung will RECEIVED make a payment NYSCEF: for 02/03/2017 royalties due as of the date of our notice of termination letters (October 5, 2015) in a timely manner. Notwithstanding the foregoing, Samsung reserves all of its rights Original Message Sender : Tony Piotrowski<TPiotrowski@mpegla.com> Date : :28 (GMT+09:00) Title : RE: ATSC - Notice of Termination On behalf of Licensing Administrator MPEG LA, we acknowledge receipt of your letters: Notice of Termination for ATSC Agreement Among Licensors_ _2 and Notice of Termination for ATSC patent portfolio_ _2 letters dated October 5, We don t see the relevance of your comments under the PPL or otherwise regarding Samsung s unsupported belief that some of the ATSC Essential Patents may be invalid, and we disagree with them. In any event, we trust that Samsung will fully comply with all obligations under the ATSC PPL including payment of all royalties due for the manufacture or sale of ATSC products as required by such agreement through its valid termination as may be applicable. If Samsung intends to manufacture or sell ATSC products at any point after a valid termination, we believe that Samsung will again greatly benefit from the coverage offered by the ATSC PPL. Tony Piotrowski General Counsel MPEG LA Sent: Monday, October 05, :57 AM To: ContractAdministrator; Larry Horn; Tony Piotrowski; Tracy Edwards; Jack Kail; Richard Lewis; Hwi-Jae Cho; Cc: 김태형 ; Seungpyo Shin; Hong Subject: ATSC - Notice of Termination Dear ATSC contract administrator and licensors, Attached is a copy of 1) Notice of Termination of ATSC Portfolio License and 2) Notice of Termination of ATSC Agreement Among Licensors that we sent out via Federal Express today. Please let us know if you have any questions. 4
5 NYSCEF Jong DOC. P. Hong NO. 75 RECEIVED NYSCEF: 02/03/2017 Assistant General Counsel Intellectual Property Center Samsung Electronics Co., Ltd. Work) Mobile)
MPEG LA, L.L.C. v Samsung Elecs. Co., Ltd NY Slip Op 32347(U) November 23, 2016 Supreme Court, New York County Docket Number: /2015
MPEG LA, L.L.C. v Samsung Elecs. Co., Ltd. 2016 NY Slip Op 32347(U) November 23, 2016 Supreme Court, New York County Docket Number: 654454/2015 Judge: Shirley Werner Kornreich Cases posted with a "30000"
More informationPromoters Agreement Update to Definitions. This update relates to clause 1.5 of the Promoters Agreement shown below:
Promoters Agreement Update to Definitions This update relates to clause 1.5 of the Promoters Agreement shown below: 1.5 Specification means the document entitled ICC Profile Format Specification authored
More informationUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
Case :0-cv-0-H-KSC Document Filed 0// Page of 0 0 MULTIMEDIA PATENT TRUST, vs. APPLE INC., et al., UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Plaintiff, Defendants. CASE NO. 0-CV--H (KSC)
More informationWIRELESS INNOVATION FORUM INTELLECTUAL PROPERTY RIGHTS POLICY. As approved on 10 November, 2016
WInnForum Policy On Intellectual Property Rights: WINNF Policy 007 1. IPR Generally 1.1 Purpose WIRELESS INNOVATION FORUM INTELLECTUAL PROPERTY RIGHTS POLICY As approved on 10 November, 2016 The Software
More informationFreeview LOCAL DIGITAL TELEVISION CHANNEL OPERATOR TRADE MARK LICENCE
Freeview LOCAL DIGITAL TELEVISION CHANNEL OPERATOR TRADE MARK LICENCE THIS LICENCE dated is made BETWEEN: a company incorporated under the laws of with company registration no. and whose principal office
More informationFreeview CHANNEL OPERATOR TRADE MARK LICENCE FREEVIEW AND FREEVIEW PLAY. THIS LICENCE dated is made BETWEEN:
Freeview CHANNEL OPERATOR TRADE MARK LICENCE FREEVIEW AND FREEVIEW PLAY THIS LICENCE dated is made BETWEEN: [insert] a company incorporated under the laws of England with company registration no. [insert]
More informationVESA Policy # 200C. TITLE: Intellectual Property Rights (IPR) Policy. Approved: 13 th February 2014 Effective: 14 th April 2014
VESA Policy # 200C TITLE: Intellectual Property Rights (IPR) Policy Approved: 13 th February 2014 Effective: 14 th April 2014 General Information This policy covers the issues of Patent, Patent applications,
More informationSoftware License and Limited Warranty Agreement Version by db&w Bornemann und Wolf GbR
Software License and Limited Warranty Agreement Version 1.0 2006 by db&w Bornemann und Wolf GbR Software License and Limited Warranty Agreement PLEASE READ CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING
More informationSOFTWARE LICENSE AGREEMENT
SOFTWARE LICENSE AGREEMENT 1. General 1.1 This software license agreement ( Agreement ) is a legal agreement between you ( Licensee ) and Phase One A/S, (CVR no. 17889699), Roskildevej 39, 2000 Frederiksberg
More informationSOFTWARE LICENSE AGREEMENT
SOFTWARE LICENSE AGREEMENT This Agreement ( Agreement ) is made and entered into as of the Date (the Effective Date ) by and between Customer Name having its principal office at Customer address ( Licensee
More informationAGREEMENT AMONG LICENSORS REGARDING THE 1394 STANDARD
AGREEMENT AMONG LICENSORS REGARDING THE 1394 STANDARD This Agreement is made this 1st day of October, 1999, by and between: Apple Computer Inc., a corporation of California, having a principal place of
More informationPARTIALLY EXCLUSIVE LICENSE. Between (Name of Licensee) And UNITED STATES OF AMERICA. As Represented By THE SECRETARY OF THE NAVY
PARTIALLY EXCLUSIVE LICENSE Between (Name of Licensee) And UNITED STATES OF AMERICA As Represented By THE SECRETARY OF THE NAVY INDEX Page Preamble...3 Article I Article II Article III Article IV Definitions...6
More informationFreeview AERIAL INSTALLER TRADE MARK LICENCE CAI Registered Installers. THIS LICENCE dated is made BETWEEN:
Freeview AERIAL INSTALLER TRADE MARK LICENCE CAI Registered Installers THIS LICENCE dated is made BETWEEN: a company incorporated under the laws of with company registration no. whose principal office
More informationTITLE: IrDA INTELLECTUAL PROPERTY POLICY
Board Policy No. 113 TITLE: IrDA INTELLECTUAL PROPERTY POLICY Intellectual Property Rights Approval Date: 10/21/99 Revision Date: 06/05/02 Existing Policies Affected: IrDA requires that IrDA standards
More informationTHIS AGREEMENT is dated the day of 2012 (the Effective Date )
THIS AGREEMENT is dated the day of 2012 (the Effective Date ) BETWEEN: 1) EDWARD ELGAR PUBLISHING, Inc., a corporation organised and existing under the laws of the State of Massachusetts, and having its
More informationUSB 3.0 ADOPTERS AGREEMENT
Notice: This agreement is not effective until a fully executed original has been received by the Secretary, Intel Corporation, at 2111 NE 25 th Avenue, Mailstop JF5-276, Hillsboro, OR 97124, Attn: Brad
More informationHoly Yoga Trademark Agreement
HOLY YOGA TRADEMARK LICENSE AGREEMENT The fee of $47.97 is required annually to maintain the use of the Holy Yoga Trademark. Payments for this fee are collected upon graduating from the Holy Yoga Instructor
More informationTerms and Conditions Database License Agreement ( Agreement )
Terms and Conditions Database License Agreement ( Agreement ) Introduction Thank you for visiting the Building Data ( BD ) Website ( Website ). We request that You read these terms and conditions carefully
More informationZEN PROTOCOL SOFTWARE LICENSE
ZEN PROTOCOL SOFTWARE LICENSE This Zen Protocol Software License (this "Agreement" ) governs Your use of the computer software (including wallet, miner, tools, compilers, documentation, examples, source
More informationNONEXCLUSIVE LICENSE. Between. (Name of Licensee) And UNITED STATES OF AMERICA. As Represented By THE SECRETARY OF THE NAVY
NONEXCLUSIVE LICENSE Between (Name of Licensee) And UNITED STATES OF AMERICA As Represented By THE SECRETARY OF THE NAVY INDEX Page Preamble...3 Article I Article II Article III Article IV Article V Article
More informationIAB Technology Laboratory, Inc. Membership Application
IAB Technology Laboratory, Inc. Membership Application The following shall constitute the full agreement ( Agreement) between the company named below ( Company ) and the IAB Technology Laboratory, Inc.
More informationLOCATION AGREEMENT RECITALS:
LOCATION AGREEMENT THIS LOCATION AGREEMENT (the Agreement ) is made this day of, 20 by and between Fremont Street Experience Limited Liability Company, a ( Producer ) (the foregoing parties are collectively
More informationSYMPTOM MEDIA INDIVIDUAL SUBSCRIPTION TERMS AND CONDITIONS:
SYMPTOM MEDIA INDIVIDUAL SUBSCRIPTION TERMS AND CONDITIONS: 1. Grant of License. 1.1 Subject to the terms of this Agreement, Licensor (Symptom Media) hereby grants to Licensee (Authorized User), a limited,
More informationCONTRIBUTION AGREEMENT VERSION 1.2
CONTRIBUTION AGREEMENT VERSION 1.2 THIS CONTRIBUTION AGREEMENT (hereinafter referred to as Agreement ) is executed by with a registered address at ( Licensor ) in favor of The Qt Company Oy, an entity
More informationYOUR NAME. Dated. Licence of. Vocal Recordings for incorporation in. between. and. 1st January Vocal Recording Title. Master Recording Title
Dated 1st January 2018 Licence of Vocal Recording Title Vocal Recordings for incorporation in Master Recording Title between and YOUR NAME Page 1 Clauses 1. Interpretation 2. Grant 3. Warranties 4. Royalties
More informationSample Licensing Agreement
Agreement Between Laura C. George and The Awesomest Company, Inc. This art licensing agreement (the Agreement ) is entered into as of May 10th, 2016 (the Effective Date ) between Laura C. George ( Artist
More informationNFC FORUM, INC. INTELLECTUAL PROPERTY RIGHTS POLICY
NFC FORUM, INC. INTELLECTUAL PROPERTY RIGHTS POLICY As approved on November 9, 2004 1. IPR Generally 1.1 Purpose NFC Forum, Inc. (the "Consortium") has adopted this Intellectual Property Rights Policy
More informationMultimedia over Coax Alliance Intellectual Property Rights (IPR) Policy
Multimedia over Coax Alliance Intellectual Property Rights (IPR) Policy 1. BACKGROUND The Alliance has been formed as a non-profit mutual benefit corporation for the purpose of developing and promoting
More informationWebsite Standard Terms and Conditions of Use
Website Standard Terms and Conditions of Use 1. Acceptance of Terms of Use 2. Modification of Terms 3. Privacy Policy 4. Disclaimers 5. Registration 6. Contributor 7. Limitation of Liability 8. Third Party
More informationDirect Phone Number: Last Name: Title: Alliance Primary Contact (if different than authorized signatory contact): First Name:
Thank you for your interest in the CommonWell Health Alliance. To help us process your membership application, please complete the below information along with your signed Membership agreement, which requires
More informationDVB-T2 PATENT PORTFOLIO LICENSE AGREEMENT
DVB-T2 PATENT PORTFOLIO LICENSE AGREEMENT This Patent Portfolio License Agreement ( Agreement ) is entered into by and between SISVEL GERMANY GMBH, a company duly incorporated under the laws of Germany,
More informationNON-TRANSFERABLE AND NON-EXCLUSIVE LICENSE AGREEMENT
NON-TRANSFERABLE AND NON-EXCLUSIVE LICENSE AGREEMENT This Non-Transferable and Non-Exclusive License Agreement (the Agreement ) is effective between Trident Automation, Inc. (the "Licensor") and Customer
More informationOTTO Archive, LLC CONTENT LICENSE AGREEMENT
OTTO Archive, LLC CONTENT LICENSE AGREEMENT This license agreement (the License Agreement ) along with the Website Terms and Conditions located at www.ottoarchive.com/terms and the terms of any Subagent
More informationLICENSE AGREEMENT RECITALS
LICENSE AGREEMENT This License Agreement ("Agreement") is entered into as of this day of, 20 (the Effective Date ) by and between the Subaru of America, Inc. ("SOA"), a New Jersey corporation having its
More informationUSB TYPE-C CONNECTOR SYSTEM SOFTWARE INTERFACE (UCSI) SPECIFICATION FOR UNIVERSAL SERIAL BUS ADOPTERS AGREEMENT. City State Zip
USB TYPE-C CONNECTOR SYSTEM SOFTWARE INTERFACE (UCSI) SPECIFICATION FOR UNIVERSAL SERIAL BUS ADOPTERS AGREEMENT This USB Type-C Connector System Software Interface Specification for the Universal Serial
More informationIN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION MP ANTENNA, LTD. ) CASE NO. 7887 Bliss Parkway ) North Ridgeville, Ohio 44039 ) ) JUDGE Plaintiff, ) ) vs. ) ) ARCHITRON
More informationOasys Software Licence and Support Agreement
Last updated 21 st December 2015 Oasys Software Licence and Support Agreement This Software Licence and Support Agreement ( Agreement ) is a legal agreement between you, either an individual or an entity,
More informationThe Business Network: Terms of Use
The Business Network: Terms of Use Please read these online terms and conditions (the Agreement ) carefully. By accessing, using or downloading materials from this Web Site, you agree to be bound by these
More informationFUNDAMENTAL PROVISIONS.
LICENSE AGREEMENT This LICENSE AGREEMENT for temporary space (the Agreement ) is made effective June 5, 2013 by and between the parties identified in Section 1 as Licensor and Licensee upon the terms and
More informationCity State Country Zip. Contact Name Telephone Fax
UNIFIED EFI FORUM, INC. CONTRIBUTORS AGREEMENT This Unified EFI Forum, Inc. ( Forum ) Contributors Agreement ( Agreement ) is entered into by and between the Forum and the party set forth below and its
More informationETHERCAT SLAVE STACK CODE LICENSE
ETHERCAT SLAVE STACK CODE LICENSE Given by Beckhoff Automation GmbH & Co. KG Huelshorstweg 20 33415 Verl Germany ("Licensor") Whereas, you are interested in obtaining a License for using the EtherCAT Slave
More informationEconomic Damages in IP Litigation
Economic Damages in IP Litigation September 22, 2016 HCBA, Intellectual Property Section Steven S. Oscher, CPA /ABV/CFF, CFE Oscher Consulting, P.A. Lost Profits Reasonable Royalty * Patent Utility X X
More informationLICENSE AGREEMENT. For purposes of this Agreement, the following terms shall have the following meanings:
LICENSE AGREEMENT This License Agreement ( Agreement ) is made and entered into by and between the Wireless Application Protocol Forum Ltd. ( WAP Forum ) and You. In consideration of the covenants set
More informationCA/BROWSER FORUM Intellectual Property Rights Policy, v. 1.3 (Effective July 3, 2018)
CA/BROWSER FORUM Intellectual Property Rights Policy, v. 1.3 (Effective July 3, 2018) DEFINITIONS 1. Overview This Intellectual Property Rights Policy describes: a. licensing goals for CA/Browser Forum
More informationMWC19 Barcelona Speaker Video Footage - Terms of Use
MWC19 Barcelona Speaker Video Footage - Terms of Use These Terms were last updated on 11 February 2019 and supersede any previous terms and conditions Acceptance of the Terms of Use These terms of use
More informationFREEVIEW RENTAL RETAILER TRADE MARK LICENCE. THIS LICENCE dated is made BETWEEN:
FREEVIEW RENTAL RETAILER TRADE MARK LICENCE THIS LICENCE dated is made BETWEEN: a company incorporated under the laws of with company registration no. whose principal office is at: ( the Licensee ); and
More informationEND-USER LICENSE AGREEMENT (EULA) for NICE Software and Solutions
END-USER LICENSE AGREEMENT (EULA) for NICE Software and Solutions Version 5.1 (for US Licensees) ( NICE ), a company having its principal place of business at 410 Terry Avenue North, Seattle, Washington
More information3.2. Intellectual Property Rights
3.2. Intellectual Property Rights The Hong Kong Trade Development Council (HKTDC), the statutory body promoting Hong Kong's international trade, is committed to fostering original design and safeguarding
More informationFREEVIEW RETAILER TRADE MARK LICENCE (PRODUCTS, PC PRODUCTS and FREEVIEW COMPATIBLE PCs) THIS LICENCE dated is made BETWEEN:
FREEVIEW RETAILER TRADE MARK LICENCE (PRODUCTS, PC PRODUCTS and FREEVIEW COMPATIBLE PCs) THIS LICENCE dated is made BETWEEN: a company incorporated under the laws of with company registration no. whose
More informationOPENPOWER TRADEMARK LICENSE AGREEMENT
OPENPOWER TRADEMARK LICENSE AGREEMENT This OpenPOWER Trademark License Agreement (this Agreement ) is made and entered into by and between the ( OpenPOWER ) and the licensee ( Licensee ) identified in
More informationTRADEMARK AND LOGO LICENSE AGREEMENT
TRADEMARK AND LOGO LICENSE AGREEMENT THIS TRADEMARK AND LOGO LICENSE AGREEMENT ("Agreement") is made and entered into as of this 17th day of December, 2015, by and between the American Rainwater Catchment
More informationINSTITUTIONAL LICENSE TERMS OF USE AGREEMENT
INSTITUTIONAL LICENSE TERMS OF USE AGREEMENT IMPORTANT-READ CAREFULLY: This license agreement is a legal agreement between the purchaser of the Program ( Licensee ) and the American Association of Critical-Care
More informationIP LICENSING COMMITTEE MODEL LICENSING CLAUSES BULLETIN
IP LICENSING COMMITTEE MODEL LICENSING CLAUSES BULLETIN This paper was created by the Intellectual Property Owners Association IP Licensing Committee to provide background to IPO members. It should not
More informationU.S. Army Natick Soldier Research, Development and Engineering Center
SAMPLE (Actual agreements may vary) U.S. Army Natick Soldier Research, Development and Engineering Center PATENT LICENSE AGREEMENT between the U.S. Army Natick Soldier Research, Development and Engineering
More informationNATIONAL MARINE ELECTRONICS ASSOCIATION INTERNATIONAL MARINE ELECTRONICS ASSOCIATION EFFECTIVE DATE AUGUST 1, 2012
NATIONAL MARINE ELECTRONICS ASSOCIATION INTERNATIONAL MARINE ELECTRONICS ASSOCIATION EFFECTIVE DATE AUGUST 1, 2012 END-USER LICENSE AGREEMENT FOR THE NMEA 2000 STANDARD PLEASE READ THE FOLLOWING TERMS
More informationFourth Circuit Addresses Protections for US IP Licenses in Case Under Chapter 15 of the Bankruptcy Code
Legal Update December 11, 2013 Fourth Circuit Addresses Protections for US IP Licenses in Case Under Chapter 15 of the Bankruptcy In a case of significant importance to licensees of US intellectual property,
More informationGLOBAL END USER LICENSE AGREEMENT
GLOBAL END USER LICENSE AGREEMENT This End User License Agreement ( License ) is a contract between you, the individual completing the order for, or installation of, or access to, or payment for, or commencing
More informationIMPORTANT READ CAREFULLY BEFORE INSTALLING OR USING THIS PRODUCT
IMPORTANT READ CAREFULLY BEFORE INSTALLING OR USING THIS PRODUCT THIS PRODUCT CONTAINS UNIVERSAL SSH KEY MANAGER AND TECTIA SSH SERVER COMPUTER SOFTWARE APPLICATIONS AND RELATED DOCUMENTATION AND OTHER
More informationOpen Web Foundation. Final Specification Agreement (OWFa 1.0) (Patent and Copyright Grants)
Open Web Foundation Final Specification Agreement (OWFa 1.0) (Patent and Copyright Grants) 1. The Purpose of this Agreement. This Agreement sets forth the terms under which I make certain copyright and
More informationMobile Application End User License Agreement
Mobile Application End User License Agreement This Mobile Application End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and Steelcase Inc. ("Company"). This
More information3. Accout means your deposit account with us to which you are authorized to make a deposit using a Capture Device.
Mobile Deposit Service User Agreement Bank of the Valley Mobile Deposit Service USER AGREEMENT This Bank of the Valley Mobile Deposit Service User Agreement (the Agreement ) is entered into by Bank of
More informationLICENSE AGREEMENT. The Licensor desires to grant, and the Licensee wishes to obtain, the right and license to Produce and Distribute the same Seeds.
LICENSE AGREEMENT THIS AGREEMENT made as of January 1 st, 2013 (the Effective Date ). BETWEEN: MERIDIAN SEEDS LLC., a limited liability company organized under the laws of North Dakota (hereinafter referred
More informationScala End User License Agreement TERM LICENSE
Scala End User License Agreement TERM LICENSE This Software License Agreement ( Agreement ) is entered into between Scala, Inc. (which, for purposes of this Agreement, shall be deemed to include any majority
More information[Contractor] and. [academic and research institutions] ESA Intellectual Property Licence for scientific research purposes
SCIENTIFIC RESEARCH PURPOSES ESA STANDARD LICENCE 3 [Contractor] and [academic and research institutions] ESA Intellectual Property Licence for scientific research purposes ESA Fully Funded Contract No.
More informationSOFTWARE LICENCE. In this agreement the following expressions shall have the following meanings:
SOFTWARE LICENCE This Licence Agreement ( Agreement ) is an agreement between you ( the Licensee ) and Notably Good Ltd ( the Licensor ). Please read these terms and conditions carefully before downloading
More informationMDP LABS SERVICES AGREEMENT
MDP LABS SERVICES AGREEMENT This MDP Labs Services Agreement sets forth the legally binding terms for your participation in athenahealth, Inc. s MDP Labs program, as may be rebranded and as further described
More informationPURCHASE ORDER ATTACHMENT IP-006 ADDENDUM TO SOFTWARE LICENSES WITH RAYTHEON
PURCHASE ORDER ATTACHMENT IP-006 ADDENDUM TO SOFTWARE LICENSES WITH RAYTHEON This Addendum is made by and between Raytheon Company or its affiliate designated either in the software license agreement (
More informationTRADEMARK LICENSE AGREEMENT
TRADEMARK LICENSE AGREEMENT This Trademark License Agreement (Agreement) is entered into by and between the City of Dunedin, Florida, a municipal corporation, at 542 Main Street, Dunedin, Florida 34698
More informationUSTOCKTRAIN TRADING SIMULATOR TERMS AND CONDITIONS
USTOCKTRAIN TRADING SIMULATOR TERMS AND CONDITIONS PLEASE READ THESE USTOCKTRAIN TRADING SIMULATOR TERMS AND CONDITIONS ( TERMS AND CONDITIONS ) CAREFULLY. THE USTOCKTRAIN TRADING SIMULATOR SIMULATES SECURITIES
More information2017 NHL STANLEY CUP PLAYOFFS INTENTION FORM
2017 NHL STANLEY CUP PLAYOFFS INTENTION FORM Please check the boxes below to request coverage for each game. Please note games and times are subject to change. NHL Stanley Cup Playoffs (First and Second
More informationINDUSTRY EXPRESS 3 SPONSORED RESEARCH AGREEMENT
INDUSTRY EXPRESS 3 SPONSORED RESEARCH AGREEMENT This Sponsored Research Agreement ( Agreement ) is between the University of Georgia Research Foundation, Inc., a Georgia non-profit corporation with principal
More informationFireCast EasyStart End User License Agreement (EULA)
FireCast EasyStart End User License Agreement (EULA) FIRECAST EASYSTART END USER LICENSE AGREEMENT (EULA) TERMS AND CONDITIONS LAST UPDATED: February 20, 2013 Please read this document carefully before
More informationTRADEMARK LICENSE AGREEMENT
TRADEMARK LICENSE AGREEMENT Commento [o1]: Identification of the type of agreement THIS TRADEMARK LICENSE AGREEMENT ("Agreement") is made and entered into effective as of (the "Effective Date") by and
More informationTRADEMARK LICENSE AGREEMENT NON-AFFILIATED
TRADEMARK LICENSE AGREEMENT NON-AFFILIATED This agreement (the "Agreement") is made this day of 201_ (the "Effective Date") by and between West Des Moines Community Schools, an Iowa school district with
More informationEXHIBIT D. MultiTouch Software Development Kit (SDK) License Agreement
EXHIBIT D MultiTouch Software Development Kit (SDK) License Agreement This Software Development Kit (the SDK ) License Agreement ( Agreement ) is made by and between Multi Touch Oy, Henry Fordin katu 6
More informationUNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ABBVIE INC., Case No. -cv-0-emc United States District Court 0 v. Plaintiff, NOVARTIS VACCINES AND DIAGNOSTICS, INC., et al., Defendants. REDACTED/PUBLIC
More informationAUTONOMIE COMMERCIAL SOFTWARE LICENSE AGREEMENT
AUTONOMIE COMMERCIAL SOFTWARE LICENSE AGREEMENT This Agreement is made between the UChicago Argonne, LLC, as operator of Argonne National Laboratory under Contract No. DE-AC02-06CH11357 ("Licensor") with
More informationAGREEMENT WHEREAS WHEREAS, WHEREAS, NOW, THEREFORE, Grant of License.
AGREEMENT THIS LICENSE AGREEMENT ( Agreement ) is entered into and is effective as of the date the last signatory signs and is by and between Delta Sigma Theta Sorority, Incorporated ( Delta or Licensor
More information[Under Georgian Law the parties of the license are Licensor and Licensee.
Re-translation of the Georgian Draft English explanation of substantive legal changes Attribution-NonCommercial Use -ShareAlike 3.0 (Authorship-NonCommercial Use-ShareUnderTheSameConditions) License CREATIVE
More informationLICENSE AGREEMENT. between AUBURN UNIVERSITY. and
LICENSE AGREEMENT between AUBURN UNIVERSITY and This Agreement is made and entered into this day of, 20, (the Effective Date ) by and between AUBURN UNIVERSITY, a university duly established and organized
More informationTerms of Service. Last Updated: April 11, 2018
Terms of Service Last Updated: April 11, 2018 PLEASE READ THESE TERMS OF SERVICE CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN THE SECTION TITLED "DISPUTE RESOLUTION BY BINDING ARBITRATION,"
More informationNON-EXCLUSIVE LICENSE FOR USE OF SCHOOL WORDMARKS AND LOGOS
NON-EXCLUSIVE LICENSE FOR USE OF SCHOOL WORDMARKS AND LOGOS THIS LICENSE AGREEMENT (hereinafter "Agreement") is entered into by and between Greenville Independent School District, an independent school
More informationNASA OPEN SOURCE SOFTWARE AGREEMENT
NASA OPEN SOURCE SOFTWARE AGREEMENT NASA OPEN SOURCE AGREEMENT VERSION 1.3 THIS OPEN SOURCE AGREEMENT ("AGREEMENT") DEFINES THE RIGHTS OF USE, REPRODUCTION, DISTRIBUTION, MODIFICATION AND REDISTRIBUTION
More informationLICENSEE CORNELL UNIVERSITY
LICENSE AGREEMENT BETWEEN LICENSEE AND CORNELL UNIVERSITY FOR CORNELL INVENTION DOCKET NO. D-3868 Titled RICOCHET: LATERAL ERROR CORRECTION FOR TIME-CRITICAL CLUSTER MULTICAST TABLE OF CONTENTS Recitals
More informationExhibitors Brief on the Protection of Intellectual Property Rights at TDC/ MFHK Exhibitions
Exhibitors Brief on the Protection of Intellectual Property Rights at TDC/ MFHK Exhibitions The Organisers, Hong Kong Trade Development Council (TDC) and Messe Frankfurt (HK) Ltd (MFHK) have on-the-spot
More informationENTERTAINMENT IDENTIFIER REGISTRY TERMS OF USE
ENTERTAINMENT IDENTIFIER REGISTRY TERMS OF USE If You visit any EIDR site (located at *.eidr.org); use any EIDR service; or use other services, products, software, or applications provided by EIDR (collectively
More informationEND-USER LICENSE AGREEMENT bmobile Sales EVALUATION SOFTWARE
END-USER LICENSE AGREEMENT bmobile Sales IMPORTANT-READ CAREFULLY: This End-User License Agreement ("Agreement") is a legal contract between you, either an individual user or a business organization {designated
More informationDesign and Artists Copyright Society Copyright Licensing Membership Agreement Terms and Conditions. December 2015
DACS 33 Old Bethnal Green Road London E2 6AA T +44 (0) 20 7336 8811 F +44 (0) 20 7336 8822 E info@dacs.org.uk Design and Artists Copyright Society Copyright Licensing Membership Agreement December 2015
More informationSoftware License Agreement
MPLAB Harmony Integrated Software Framework (v1.06.02) Copyright (c) 2013-2015. All rights reserved. Software License Agreement MPLAB Harmony Integrated Software Framework software license agreement. MPLAB
More informationASSIGNMENT AND REVENUE SHARING AGREEMENT
ASSIGNMENT AND REVENUE SHARING AGREEMENT This Assignment and Revenue Sharing Agreement ("Agreement") is made and entered into as of this day of, 20, by and between Ramot at Tel Aviv University Ltd. and
More informationMall of America App. End User License Agreement
Last modified: 06 November 2015 Mall of America App End User License Agreement IMPORTANT READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE PURCHASING, INSTALLING OR DOWNLOADING THE MALL OF AMERICA
More informationSLA0056 Software license agreement
Software license agreement LIMITED LICENSE AGREEMENT FOR ST MATERIALS IMPORTANT-READ CAREFULLY: IMPORTANT-READ CAREFULLY: This Limited License Agreement (LLA) is made between you (either an individual
More informationModel Agreement SBIR/STTR Programs
Model Agreement SBIR/STTR Programs Allocation of Rights in Intellectual Property and Rights to Carry Out Follow-on Research, Development, or Commercialization This Agreement between, a small business concern
More informationTrust Italia S.p.A. OnSite SM Agreement
Trust Italia S.p.A. OnSite SM Agreement This Trust Italia S.p.A. OnSite SM Agreement ( Agreement ) is entered into between Trust Italia S.p.A.. ( Trust Italia S.p.A. ), and the entity listed at the bottom
More informationEND-USER LICENSE AGREEMENT
END-USER LICENSE AGREEMENT CUSTOMER DATA: THE PRIVACY OF CUSTOMER DATA IS PROTECTED AND SECURE WITH THIS LICENSED PRODUCT THROUGH THE AUTHORIZATION OF THIS END USER LICENSE AGREEMENT. ALL DEALER DATA ACCESSED
More informationACADEMIC LICENSE AGREEMENT. between WITNESSETH
ACADEMIC LICENSE AGREEMENT between AUBURN UNIVERSITY and This Agreement is made and entered on the Effective Date, as hereinafter defined, by and between AUBURN UNIVERSITY, a university duly established
More informationVISITING SCIENTIST AGREEMENT
VISITING SCIENTIST AGREEMENT THIS AGREEMENT effective on the date of final execution (the "Effective Date") by and between YALE UNIVERSITY, a corporation organized and existing under and by virtue of a
More informationNodricks Norsask Seeds Ltd. International Licensee Agreement
Nodricks Norsask Seeds Ltd. International Licensee Agreement This agreement is made this day of, 2, between Nodricks Norsask Seeds Ltd., a Saskatchewan Limited Company, with its principal place of business
More informationSpeaker and Panelists 7/17/2013. The Honorable James L. Robart. Featured Speaker: Panelists: Moderator:
Updates in Determining RAND for Standards Essential Patents: Featuring The Honorable James L. Robart July 12, 2013 Washington State Patent Law Association IP Committee of the Federal Bar Association for
More informationEUKLEIA SOFTWARE-AS-A-SERVICE AGREEMENT LEARNING MANAGEMENT SYSTEM. Standard Terms and Conditions Schedule
EUKLEIA SOFTWARE-AS-A-SERVICE AGREEMENT LEARNING MANAGEMENT SYSTEM Standard Terms and Conditions Schedule This Eukleia Software-as-a-Service Agreement Learning Management System is between Eukleia Training
More information