Nautilus 2009 Annual Report Download - page 115

(v) If Nautilus does not respond by written notice to Buyer’
s request to renegotiate a license for rights for the Permitted Retail
Channel, then Buyer’s rights in the Permitted Retail Channel shall continue and have the same term as Buyer’s rights in the
Commercial Channel.
(v) If Nautilus does provide a response to the Buyer’s renegotiation request within the sixty (60) day response time, the
Parties agree to negotiate in good faith in an attempt to reach a new license agreement, which may be on different terms than
this License Agreement, relating to rights in the Permitted Retail Channel. If within three (3) months of the response to
Buyer’s renegotiation request, the Parties are unable to agree to terms for a new license agreement for rights in the Permitted
Retail Channel, then the Parties agree that they have failed to renegotiate a License for the Permitted Retail Channel and
Buyer shall enter the above defined two (2) year Wind Up Term.
(vi) Any expiration of rights licensed to Buyer in the Permitted Retail Channel will not affect the Minimum Annual Payments
under Section 3.C. above.
Disclaimer. ALL RIGHTS LICENSED BY NAUTILUS ARE LICENSED “AS IS” AND WITHOUT ANY WARRANTY OF ANY
KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NAUTILUS HEREBY DISCLAIMS ALL
WARRANTIES, EXPRESS AND/OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND/OR WARRANTIES AGAINST
INFRINGEMENT. THE MAXIMUM LIABILITY OF NAUTILUS TO BUYER RELATING TO THIS AGREEMENT SHALL BE
NO GREATER THAN THE TOTAL OF ANY ROYALTY ACTUALLY PAID BY BUYER TO NAUTILUS DURING THE
TWELVE MONTH TIME PERIOD IMMEDIATELY PRECEEDING THE DATE A CLAIM IS MADE AGAINST NAUTILUS
BY BUYER.
pg. 20
13.
Disclaimer.
14.
Export Restrictions.
Buyer agrees to comply with all applicable international and national laws that apply to products, including
U.S. Export Administration Regulations, as well as End
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