INFRINGEMENT OF PATENTS AND COPYRIGHTS Sample Clauses

The 'Infringement of Patents and Copyrights' clause defines the responsibilities and liabilities of the parties regarding the unauthorized use of intellectual property, such as patents and copyrights, in the course of performing the contract. Typically, this clause requires one party—often the supplier or contractor—to ensure that the goods, services, or deliverables provided do not infringe on third-party intellectual property rights, and to defend or indemnify the other party if a claim arises. Its core function is to allocate the risk of intellectual property infringement, protecting the recipient from legal and financial consequences if the supplied materials violate existing patents or copyrights.
INFRINGEMENT OF PATENTS AND COPYRIGHTS. The Company does not accept responsibility and shall have no liability to the Customer if Goods which are supplied and/or manufactured subject to the specific instructions of the Customer are subject to any third party claim that the Goods infringe any of such third party’s patent, registered design, trade mark, copyright or other intellectual property rights. The Customer shall indemnify the Company against any direct and indirect losses, claims, liabilities, expenses and costs the Company suffers or incurs in respect of any such third party intellectual property rights infringement claim.
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INFRINGEMENT OF PATENTS AND COPYRIGHTS. Consultant shall defend, indemnify and save harmless Township, its Board of Commissioners, officers, agents, servants, workmen, employees, subsidizers and indemnities from liability of any kind and will pay all costs and expenses, including consequential damages, for or on account of or existing from any infringement or violation or alleged violation of any copyright or any right of any person, firm or corporation resulting from any act, omission or negligence on the part of Consultant in performance of the Agreement.
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INFRINGEMENT OF PATENTS AND COPYRIGHTS. 1. The Contractor, at its own expense, shall defend any claim or suit that may be brought against the RBHA, or the State for the infringement of United States patents or copyrights arising from the Contractor's use of any equipment, materials or information prepared or developed in connection with performance of this Subcontract and in any suit shall satisfy any final judgment for such infringement unless such use was required by ADHS or the RBHA. The RBHA shall give the Contractor written notice of such claim or suit and full right and Revised 11-01-01 APPENDIX A Effective 10-03-01 Page 4 of 18
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INFRINGEMENT OF PATENTS AND COPYRIGHTS. The Company does not accept responsibility if Goods supplied upon the instructions of the Customer are subject to any patent, registered design, trade mark or copyright and the placing of an order shall be considered as an undertaking by the Customer to indemnify the Company against any loss or claim in respect of infringement of any such patent, registered design, trade mark or copyright.
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INFRINGEMENT OF PATENTS AND COPYRIGHTS. The Contractor shall defend, indemnify and hold harmless the State against any liability, including costs and expenses, for infringement of any patent, trademark or copyright arising out of Contract performance or use by the State of materials furnished or work performed under the Contract. The State shall reasonably notify the Contractor of any claim for which it may be liable under this paragraph.
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INFRINGEMENT OF PATENTS AND COPYRIGHTS. 1. The Contractor, at its own expense, shall defend any claim or suit that may be brought against the RBHA, or the State for the infringement of United States patents or copyrights arising from the Contractor's use of any equipment, materials or information prepared or developed in connection with performance of this Subcontract and in any suit shall satisfy any final judgment for such infringement unless such use was required by ADHS or the RBHA. The RBHA shall give the Contractor written notice of such claim or suit and full right and -------------------------------------------------------------------------------- [LOGO] Community Partnership FEE FOR SERVICE and RISK-BASED of Southern Arizona SUBCONTRACT AGREEMENT Regional Behavioral CHILDREN SERVICES Health Authority The Providence Service Corporation ------------------------------------------------- CONTRACT NUMBER: A0108 FY 01/02 -------------------------------------------------------------------------------- opportunity to conduct the defense thereof, together with full information and all reasonable cooperation. 2. If principles of governmental or public law are involved, the State or the RBHA may participate in the defense of any such action, but no costs or expenses shall be thereby incurred for the account of the Contractor without its written consent. 3. If, in the Contractor's opinion, the equipment, materials or information mentioned in subsection 1. above are likely to or do become the subject of a claim of infringement of a United States patent or copyright, then without diminishing the Contractor's obligation to satisfy any final award, the Contractor may, with the RBHA's written consent, substitute other equally suitable equipment, materials and information, or at the Contractor's option and expense, obtain the right for the Contractor, the RBHA, or ADHS, as the case may be, to continue the use of such equipment, material and information.
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INFRINGEMENT OF PATENTS AND COPYRIGHTS a. The Contractor, at his own expense, shall defend any claim or suit which may be brought against the State for the infringement of United States patents or copyrights arising, from the Contractor's or Department's use of any equipment, materials, or information prepared or developed in connection with performance of this Contract and in any suit will satisfy any final judgment for such infringement. The Department shall reasonably notify the Contractor of any claim for which it may be liable under this paragraph. b. If principles of governmental or public law are involved ., the State may participate in the defense of any such action, but no costs or expenses shall be incurred for the account of Contractor without written consent.
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Related to INFRINGEMENT OF PATENTS AND COPYRIGHTS

  • Other Patents and Copyrights 15 5.7 Remedies ................................................... 16

  • Trademarks, Patents and Copyrights (a) Section 4.14(a) of the Parent Disclosure Letter sets forth a complete and accurate list (in all material respects) of all material United States and foreign: (i) patents and patent applications; (ii) trademark registrations and applications; (iii) copyright registrations and applications; and (iv) internet domain name registrations, in each case owned by Parent and its Subsidiaries as of the date hereof. Such registrations for Intellectual Property Rights owned by Parent or its Subsidiaries are in effect and subsisting and, to the Knowledge of Parent, valid. (b) Except as would not reasonably be expected to have a Parent Material Adverse Effect, to the Knowledge of Parent, Parent and its Subsidiaries own or have all Intellectual Property Rights that are material to the respective businesses of Parent and its Subsidiaries as currently conducted. (c) To the Knowledge of Parent as of the date hereof, the conduct of the respective businesses of Parent and its Subsidiaries as currently conducted does not infringe upon, misappropriate or otherwise violate any Intellectual Property Rights of any other Person, except as would not reasonably be expected to have a Parent Material Adverse Effect and in the last three (3) years, neither Parent nor any of its Subsidiaries have received any written notice (including any cease and desist letter or invitation to license) alleging that Parent or any Subsidiary is infringing, misappropriating or violating any Intellectual Property Rights. As of the date of this Agreement, there is no such claim pending or, to the Knowledge of Parent, threatened, except as would not have a Parent Material Adverse Effect. To the Knowledge of Parent, no other Person is infringing, misappropriating or otherwise violating any Intellectual Property Rights that are material to the respective businesses of Parent and its Subsidiaries as currently conducted, except as would not have a Parent Material Adverse Effect, and in the last three (3) years, neither Parent nor any of its Subsidiaries have sent any written notice to any Person alleging that such Person is infringing, misappropriating or violating any Parent IPR. To the Knowledge of Parent, no Parent IPR are or have been the subject of any Proceeding, Law or any Order that bars or limits the use of such rights (excluding rejections, orders or rulings issued in the context of the application for registration of Parent IPR). Parent and its Subsidiaries are not and have not been party to any Proceeding relating to their use of Intellectual Property Rights, including any Proceeding involving any claim that Parent and its Subsidiaries infringed, misappropriated, diluted or otherwise violated the Intellectual Property Rights of any third party. Notwithstanding anything to the contrary in this Agreement, this Section 4.14(c) constitutes the only representation and warranty of Parent with regard to any actual or alleged infringement, misappropriation or other violation of any Intellectual Property Rights of any other Person. (d) Except as would not reasonably be expected to have a Parent Material Adverse Effect, Parent’s and its Subsidiaries’ practices with regard to the collection, dissemination and use of Parent Data have at all times since January 1, 2019 complied in all material respects with Applicable Law relating to data protection or Personal Data, applicable contractual commitments of Parent and its Subsidiaries and applicable privacy policies. Parent and its Subsidiaries have in place and, except as would not reasonably be expected to have a Parent Material Adverse Effect, are in compliance with commercially reasonable written internal information security policies, which include guidelines for the use, processing, confidentiality and security of Parent Data consistent with Applicable Law relating to data protection or Personal Data, applicable contractual commitments of Parent and its Subsidiaries and applicable privacy policies. Parent and its Subsidiaries have established and maintain commercially reasonable technical, physical and organizational measures and security systems and technologies in material compliance with all data security requirements under Applicable Law relating to data protection or Personal Data, applicable contractual commitments of Parent and its Subsidiaries and applicable privacy policies, that are designed to protect Parent Data against accidental or unlawful access, processing or use. For the thirty six (36) months immediately preceding the date of this Agreement and the Closing Date: (i) Parent and its Subsidiaries have not received any written notification or allegation from any competent authority (including any information or enforcement notice, or any transfer prohibition notice) alleging that Parent and its Subsidiaries have not complied in any respect with Applicable Law relating to data protection or Personal Data and (ii) to the Knowledge of Parent, there has been no loss of, or unauthorized access to or use, disclosure or modification of, any Parent Data. No individual has received compensation (or an offer for compensation) from or on behalf of Parent or its Subsidiaries for breaches of applicable data protection Laws or for loss or unauthorized disclosure of Personal Data.

  • Patents and Copyrights ‌ All services, information, computer program elements, reports and other deliverables which might be patented or copyrighted and created under this Contract are the property of the Department and shall not be used or released by the Consultant or any other person except with the prior written approval by the Department.

  • ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect.

  • Copyrights, Patents and Trademarks (i) Schedule 5.17 to the Credit Agreement includes all Copyrights, Copyright Licenses, Patents, Patent Licenses, Trademarks and Trademark Licenses owned by any Grantor in its own name, or to which any Grantor is a party, as of the date hereof (other than with respect to off-the-shelf software) and registered in the name of such Grantor. (ii) Each Copyright, Patent and Trademark that is material to the business of the Grantors is valid, subsisting, unexpired, enforceable and has not been abandoned as of the date hereof. (iii) Except as set forth in Schedule 5.17 to the Credit Agreement, none of the Copyrights, Patents and Trademarks that is material to the business of the Grantors is the subject of any licensing or franchise agreement as of the date hereof (other than with respect to off-the-shelf software). (iv) No holding, decision or judgment has been rendered by any Governmental Authority that would limit, cancel or question the validity of any Copyright, Patent or Trademark that is material to the business of the Grantors. (v) No action or proceeding is pending seeking to limit, cancel or question the validity of any Copyright, Patent or Trademark that is material to the business of the Grantors, or that, if adversely determined, could reasonably be expected to have a Material Adverse Effect on the value of any Copyright, Patent or Trademark that is material to the business of the Grantors. (vi) All applications pertaining to the Copyrights, Patents and Trademarks that is material to the business of the Grantors of each Grantor have been duly and properly filed, and all registrations or letters pertaining to such Copyrights, Patents and Trademarks have been duly and properly filed and issued, and all of such Copyrights, Patents and Trademarks are valid and enforceable. (vii) No Grantor has made any assignment or agreement in conflict with the security interest in the Copyrights, Patents or Trademarks of any Grantor hereunder.