Common use of COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS Clause in Contracts

COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS. 3.5.1 The Customer hereby acknowledges that it has no proprietary and/or other rights in or to the Software Product or any amendment, modification, new version or new releases thereof except that of usage for the Customers own internal data processing and business use. 3.5.2 The Customer acknowledges that all existing and future copyright, patent, trademark and other intellectual property and proprietary rights arising out of or related to the Software Product shall remain the sole property of SyncEzy or its licensor(s). 3.5.3 The Customer agrees not to change, remove or obscure any copyright notices or proprietary rights notices attached to the Software Product or its associated Documentation. 3.5.4 Save as permitted by the law the Customer agrees not to cause or permit the reverse engineering, disassembly, decompilation, translation, or adaptation of any of the Software Product. 3.5.5 SyncEzy warrants that it owns or has rights to license the Software Product and agrees to hold the Customer harmless from any claim that usage of the Software Product infringes any patent, trademark, copyright or other intellectual property of any third party; providing: a) the Customer promptly notifies SyncEzy in writing of any such claim; and b) the Customer grants to SyncEzy the sole control of the defence, at SyncEzy’s cost, of any such claim; and c) the Customer agrees to undertake such reasonable steps as SyncEzy may request in relation to this matter. These may include, but are not limited to, replacement of the version or release of the Software Product concerned free of charge with the latest version or release of that software, SyncEzy procuring at its own expense the Customers right to continue using the offending software or SyncEzy replacing at its own expense the offending software or Documentation with material designed to perform the same function as the offending material. 3.5.6 The foregoing states the entire liability of SyncEzy to the Customer regarding the infringement of any intellectual property rights of any third party. SyncEzy shall have no liability for any claim for infringement of a third party intellectual property right based upon use with or combination of Product supplied with programs or data not supplied by SyncEzy or use other than as prescribed in the Documentation and/or pursuant to this Agreement.

COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS. 3.5.1 The Customer hereby acknowledges that it has no proprietary and/or other rights in or to the Software Product or any amendment, modification, new version or new releases thereof except that of usage for the Customers own internal data processing and business use. 3.5.2 The Customer acknowledges that all existing and future copyright, patent, trademark and other intellectual property and proprietary rights arising out of or related to the Software Product shall remain the sole property of SyncEzy Zavanti or its licensor(s). 3.5.3 The Customer agrees not to change, remove or obscure any copyright notices or proprietary rights notices attached to the Software Product or its associated Documentation. 3.5.4 Save as permitted by the law the Customer agrees not to cause or permit the reverse engineering, disassembly, decompilation, translation, or adaptation of any of the Software Product. 3.5.5 SyncEzy Zavanti warrants that it owns or has rights to license the Software Product and agrees to hold the Customer harmless from any claim that usage of the Software Product infringes any patent, trademark, copyright or other intellectual property of any third party; providing: a) the Customer promptly notifies SyncEzy Zavanti in writing of any such claim; and b) the Customer grants to SyncEzy Zavanti the sole control of the defence, at SyncEzyZavanti’s cost, of any such claim; and c) the Customer agrees to undertake such reasonable steps as SyncEzy Zavanti may request in relation to this matter. These may include, but are not limited to, replacement of the version or release of the Software Product concerned free of charge with the latest version or release of that software, SyncEzy Zavanti procuring at its own expense the Customers right to continue using the offending software or SyncEzy Zavanti replacing at its own expense the offending software or Documentation with material designed to perform the same function as the offending material. 3.5.6 The foregoing states the entire liability of SyncEzy Zavanti to the Customer regarding the infringement of any intellectual property rights of any third party. SyncEzy Zavanti shall have no liability for any claim for infringement of a third party intellectual property right based upon use with or combination of Product supplied with programs or data not supplied by SyncEzy Zavanti or use other than as prescribed in the Documentation and/or pursuant to this Agreement.