- 13 - information and shall not disclose, disseminate or distribute such materials to any third party without MS’ prior written permission. COMPANY shall treat the terms and conditions of this Agreement as confidential; however, COMPANY may disclose such information in confidence to its immediate legal and financial consultants as required in the ordinary course of COMPANY’s business. COMPANY’S obligation under this Section 13 shall extend to the earlier of such time as the information protected hereby is in the public domain through no fault of COMPANY or ten (10) years following termination or expiration of this Agreement. * * * * * * * 16. CONTROLLING LAW; NO FRANCHISE (a) This Agreement shall be construed and controlled by the laws of the State of Washington, and COMPANY consents to jurisdiction and venue in the state and federal courts sitting in the State of Washington. * * * * * * * * * * 18. GENERAL * * * * * * * (f) The Section headings used in this Agreement and the attached Exhibits are intended for convenience only and shall not be deemed to supersede or modify any provisions. The OEM agreements granted the licensee the right to modify, reproduce, and distribute the licensed software (and derivative work) on or with the foreign OEM’s hardware systems specified in each agreement. The royalties at issue were paid as consideration pursuant to these agreements, which computed the royalty on a “per copy” or “per system” basis. The foreign OEM’s paid a royalty for each copy of the copyrighted work duplicated and distributed in thePage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011