Nautilus 2009 Annual Report Download - page 99

W. “Net Sales” means “Gross Sales” less allowances for: (a) returns of Indoor Cycles and Accessories actually received; (b) refunds
by Buyer to customers and cancellation of orders from Buyer by customers for Licensed Indoor Cycles and Accessories; (c) local,
State and federal sales, VAT, and use and excise taxes required to be charged by Buyer for sales of Licensed Indoor Cycles and
Accessories, if separately stated on an invoice; and (d) freight charges and delivery fees, if separately stated on an invoice, and
provided that any such separately stated freight charges and delivery fees do not exceed one hundred and ten (110) percent of the
actual costs incurred by Buyer for freight and delivery.
X. “Sales” means sales, leases and any other types of distribution of goods and services.
Y. “Trade Secret”
means information, including a formula, pattern, compilation, program, device, method, technique, or process that:
(a) Derives independent economic value, actual or potential, from not being generally known to, and not being readily
ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and
(b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
Z. This License incorporates the attached schedules, listed below:
Schedule A: Licensed Patents
Schedule B: Licensed Trademarks
Schedule C: Licensed Domain Names
Schedule D: Licensed Rights (Prior Licenses Affecting Rights Granted Herein)
Schedule E: Quality Control Provisions
Schedule F: Nautilus Trademark Usage Guidelines
Schedule G: Electronic Payment Instructions
Schedule H: Sublicense Agreement (for Triple Link pedals in the USA)
pg. 4
2.
License Grant
A.
Patent License.