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Agreement — Patents Co. and Vitageaph Co. IT
21, 1905, for FLAME-SHIELD FOR KINETOSCOPES. *
Patent No. 785,237, granted The Vitagraph Company of America as the assignee of Albert E. Smith, dated March 21, 1905, for FILaT-HOLDEPv FOR KINETOSCOPES (hereinafter referred to for brevity as "VITAGRAPH PATENTS'') and that there are no outstanding licenses under the said Letters Patent, and is willing and desirous of selling the said Patents to the Patents Company ;
(b) WHEREAS, the Patents Company is willing and desirous of purchasing the said patents, and relies upon the representations of the Vitagraph Company ;
NOW, THEREFORE, THIS INDENTURE WITNESSETH, THAT:
(1) The Vitagraph Company, in and by these presents, for and in consideration of the sum of One Dollar ($1.00), receipt of which is hereby acknowledged, and of the covenants of the Patents Company in this agreement, does agree to assign, transfer and set over unto the Patents Company, and its successors in business, the entire right, title and interest in and to the said United States Letters Patent Nos. 673,329, 711,251; 770,937; 771,280; 785,205; and 785,237, and the inventions described and claimed therein and the right to sue for and recover damages and profits for past infringement of the said Letters Patent and of each of them provided, however, that the Vitagraph Company shall reserve and retain to itself and its successors in business, the right and license to practice the inventions described in the said Letters Patent without the payment of any royalty thereon to the Patents Company or its successors in business, such right and license being, however, subject to the same covenants, conditions and stipulations which the Patents Company may hereafter impose upon the most favored person, firm or corporation which it may license to manufacture, use and sell apparatus embodying the inventions described and claimed in te said Letters Patent.
(2) The Patents Company covenants and agrees that it will not grant any licenses to manufacture exhibiting or