2. License Grant
2.1 CAMBIA hereby grants to BiOS LICENSEE under Licensed Patents a worldwide, non-exclusive, royalty-free right and license to make and use the IP & Technology for the purpose of developing, making, using, and commercializing BiOS Licensed Products and Services without obligation to CAMBIA. The license is not sublicensable.
2.2 BiOS LICENSEE acknowledges that CAMBIA is free to license the IP & Technology and to provide any Improvement Material received under the associated BiOS Technology Support Services Subscription Agreement to other BiOS Licensees under the terms of a BiOS License Agreement.
If BiOS LICENSEE grants or has granted any express or implied sublicenses to any third party notwithstanding Article 2.1, BiOS LICENSEE shall exert best efforts to prohibit the assertion of any IP rights under the IP & Technology, Improvements and Technology Data against CAMBIA or any BiOS Licensee by any such third party, said prohibition to survive the termination of any express or implied sublicense for any reason. Such assertion by a third party having received an express or implied sublicense from BiOS LICENSEE is grounds for revocation of this BiOS license grant under Article 6.2.
2.3 BiOS LICENSEE is entitled to freely cooperate with any other BiOS Licensees. CAMBIA shall provide BiOS LICENSEE regularly an updated list of BiOS Licensees or shall alternatively publish such list on its publicly accessible internet webpage. CAMBIA is entitled to use BiOS LICENSEE’s name for this purpose. Subject to Article 7.9, while this Agreement is in force, both CAMBIA and BiOS LICENSEE may acknowledge the existence of this Agreement in communications with or other disclosures to third parties.
2.4 Except for the limited rights granted in this Agreement, no right or license, either expressed or implied, under any intellectual property right including but not limited to patents, trade secret or know-how is granted hereunder by one PARTY to the other.
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