Nautilus 2009 Annual Report Download - page 118

E. Headings. The headings and subheadings of this License are intended for convenience of reference only and shall not be used to
interpret this License or affect the construction of this License.
F. Construction. Words importing the singular include the plural, words importing any gender include every gender and words
importing persons include entities, corporate and otherwise; and (in each case) vice versa. Whenever the terms “including” or
“include” are used in this License in connection with a single item or a list of items within a particular classification (whether or not
the term is followed by the phrase “but not limited to” or words of similar effect) that reference shall be interpreted to be illustrative
only, and shall not be interpreted as a limitation on, or an exclusive enumeration of the items within that classification.
G. Survival. The terms, provisions and representations contained in this License Agreement shall survive any termination or
expiration of this License Agreement to the extent that such survival is necessary to give effect to their full meaning and intent.
Without limiting the foregoing, the parties expressly agree that the following Sections (including all sub-parts, unless a specific sub-
part is specified) of this License shall survive termination and expiration of this License: Section 1; Section 3 for Royalties on Net
Sales prior to termination and the completion of unfinished goods under Section 11.C.; Section 4 except for 4.B.; Sections 5, 6, 7, 8;
Section 10; Sections 11.C. and 11.D.; Section 13; Section 14 in connection with the completion of unfinished goods under
Section 11.C.; Section 15 and Section 16.
H. No Third Party Beneficiaries. This License is intended solely for the benefit of the parties hereto. Except as expressly set forth in
the License, nothing in the License shall be construed to create any liability to or any benefit for any person not a party to this
License.
I. Successors and Assigns. This License Agreement is personal to Buyer and shall not be assigned by Buyer, except to an Affiliate of
Buyer, with the written consent of Nautilus, which consent shall not be unreasonably withheld. No rights granted to Buyer under this
License Agreement are assignable, transferable, or sub-licensable in any way. Nautilus shall have the right to assign this License and
its rights hereunder to a successor in interest to any portion of the Nautilus business that includes the Indoor Cycling business of
Nautilus.
J. Effective Date. This License Agreement shall be effective on the date of the last signature by the Parties as indicated on the
signature page hereto (“Effective Date”).
K. Counterparts. This License Agreement may be executed in any number of counterparts, which together will constitute one
instrument.
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