NETIQ LICENSED PATENTS

NETIQ LICENSED PATENTS. Shall mean all Patents issued or issuing on patent applications filed on or prior to the Effective Date, or filed subsequent thereto but receiving, or entitled to receive, the benefit of a filing date on or prior to the Effective Date, and as to which NetIQ has the right at any time during the term of the Agreement to grant licenses or releases of the scope or within the scope of the licenses and releases granted in the Agreement. If the grant or exercise of rights under a Patent that would... otherwise be a Licensed Patent requires or results in the payment of a royalty or penalty or other consideration by the grantor to another (except for payments for inventions made by such other while employed by the grantor), then that Patent shall not be a Licensed Patent until and unless WSS or its affected Subsidiary undertakes to reimburse the grantor for the payment so made. View More