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Document Preview Patent License Agreement |
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Title: |
Patent License Agreement |
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Entities: |
Honeywell International Inc.; Itec Environmental Group Inc. |
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Date: |
2003 |
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Size: |
Preview shows 6KB of 33KB total |
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Price: |
$38 |
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ID: |
#145806 |
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PATENT LICENSE AGREEMENT
LICENSE NUMBER: 00-1001R
THIS AGREEMENT, made effective on the 30th day of June, 2000, by and
between Honeywell International Inc., (hereinafter "Honeywell"), a corporation
organized and existing under the laws of the State of Delaware and having a
place of business at 2000 East 95th Street, P.O. Box 419159, Kansas City,
Missouri 64141-6159, and Itec - International Technologies (hereinafter
"Licensee"), a corporation organized and existing under the laws of the State
of Delaware and having a place of business at 11152 North Street Road, Utica,
OH 43080.
WHITNESSETH:
WHEREAS, Honeywell, pursuant to Contract No. DE-AC04-76DP00613
(hereinafter "Prime Contract") with the United States Government, as
represented by the Department of Energy (Hereinafter "DOE") has developed and
/or obtained rights to Proprietary Rights, subject to the DOE nonexclusive,
nontransferable, irrevocable, paid-up license for the United states Government
and certain march-in rights and any other conditions of waivers granted by the
DOE; and
WHEREAS, Licensee desires to obtain non-exclusive rights in a limited field of
use in the Proprietary Rights.
NOW THEREFORE, in consideration of the foregoing premises, covenants,
and agreements contained herein, Honeywell and Licensee (collectively the
"Parties") hereto agree to be bound as follows:
1. Definitions
1.1 "Proprietary Rights" shall mean the patents listed in Exhibit A,
which is attached to and incorporated into this Agreement.
1.2 "Products" shall mean any and all products manufactured, used, sold,
or transferred by Licensee covered by one or more claims of the
Proprietary Rights.
1.3 "Services" shall mean any and all services provided which utilize the
methods encompassed in one or more of the claims of the Proprietary
Rights.
1.4 "Gross Sales" shall mean the total amounts invoiced to purchasers
during the accounting period in question for products and/or services
sold by Licensee. Gross Sales in the case of Products used or
transferred or Services performed shall mean the total amounts
invoiced for such products or Services, but not less than fair market
value of products and/or services as if they were sold to an
unrelated third party in similar quantities. Gross Sales shall
exclude sales tax or similar tax shown on the invoice to be paid by
buyer to Licensee.
2. Grants
2.1 Subject to the terms and conditions of this agreement, Honeywell
hereby grants to Licensee a non-exclusive, nontransferable, worldwide
license to practice the methods and to make, use, and sell, the
products and/or Services covered by the Proprietary Rights limited to
the field of use of separating and recovering motor oil from high
density polyethylene plastic (HDPE). No license, either expressed or
implied, is granted by Honeywell to Licensee hereunder with respect
to any patent or information except as specifically provided herein.
2.2 No license, either expressed or implied, is granted hereunder to use
as a trademark or otherwise the words "Honeywell" or any other
trademark or product name of Honeywell or any word or mark similar
thereto unless otherwise specified herein.
2.3 Licensee may indicate the products are made under license from
Honeywell by suitable legend, if the form of such legend and the
extent of Licensee's use thereof have received prior written approval
of Honeywell. Honeywell may amend or revoke prior approvals to use
such legends at any given time during the term of this Agreement, and
all rights to use such legends shall terminate with this Agreement.
2.4 No rights to sublicense are granted Licensee under this Agreement.
2.5 Licensee agrees that as resulting Products generated as a result of
this Agreement may not be substantially manufactured in the United
States, alternate net economic and technical benefits will flow to
the United States in the form of products readily available in the
market that will facilitate recycling and provide for a cleaner
environment.
2.6 Nothing in this Agreement shall constitute, or be construed to be, a
limitation or restriction upon any right otherwise possessed by
Licensee to export or sale for export any Product, or parts
therefore, in any country and on which royalties shall be paid as
provided in this Agreement.
2.7 Licensee agrees to observe all applicable United States and foreign
laws, regulations, rules, and decrees with respect to the transfer of
the proprietary Rights and related technical data to foreign
countries. FAILURE TO CONFORM TO SUCH LAWS, REGULATIONS, RULES AND
DECREES MAY RESULT IN CRIMINAL LIABILITY UNDER U.S. LAWS.
2.8 The grant hereunder is subject to the DOE nonexclusive,
nontransferable, irrevocable, paid-up license for the United States
Government and certain march-in rights and any other conditions of
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