Notification and Cure of Unauthorized Use Clause Samples
The "Notification and Cure of Unauthorized Use" clause establishes the process by which a party must inform the other if they become aware of unauthorized use of protected materials, such as intellectual property or confidential information. Typically, this clause requires prompt written notice to the party responsible for the materials, and may provide a specified period during which the responsible party can address or remedy the unauthorized use. Its core function is to ensure that issues of unauthorized use are addressed efficiently and fairly, giving the responsible party an opportunity to correct the problem before more severe remedies, such as termination or legal action, are pursued.
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Notification and Cure of Unauthorized Use. In the event the Licensee and/or any of the Participating Institutions becomes aware of an unauthorized use of the Licensed Materials and cannot promptly remedy it, the Licensee or the Participating Institution shall without undue delay notify the Distributor or the Publisher. In the event the Distributor or Publisher becomes aware of unauthorized use of the Licensed Materials, the Distributor shall, or shall ensure that the Publisher will, without undue delay notify the Licensee and the respective Participating Institution in writing.
Notification and Cure of Unauthorized Use. In the event the Licensee and/or any of the Participating Institutions has notice of an unauthorized use of the Licensed Materials and cannot promptly remedy it, the Licensee or Participating Institution shall promptly notify the Licensor. In the event the Licensor has notice of unauthorized use of the Licensed Materials, the Licensor will promptly notify Licensee and respective Participating Institution.
Notification and Cure of Unauthorized Use. In the event the NTK and/or any of the Participating Institutions has notice of an unauthorized use of the Materials and cannot promptly remedy it, the NTK or Participating institution shall promptly notify the Suweco. In the event the Publisher or Suweco has notice of unauthorized use of the Materials, the Suweco will promptly notify NTK and respective Participating Institution.
Notification and Cure of Unauthorized Use. In the event the NTK and/or any of the Participating Institutions has notice of an unauthorized use of the Materials and cannot promptly remedy it, the NTK or Participating institution shall promptly notify the Suweco. In the event the Publisher or Suweco has notice of unauthorized use of the Materials, the Suweco will promptly notify NTK and respective Participating Institution. Notification and Cure of Unauthorized Use. If either party is in material violation of any term in the Agreement, the other party will send written or electronic notice of the breach. If the breach is not remedied to the non-violating party’s reasonable satisfaction within 7 working
Notification and Cure of Unauthorized Use. In the event the Licensee has notice of an unauthorized use of the Licensed Materials and cannot promptly remedy it, the Licensee shall promptly notify the Licensor. In the event the Licensor has notice of unauthorized use of the Licensed Materials, the Licensor will promptly notify Licensee. In the case of unauthorized use which is causing serious and immediate material harm to the Licensor, Licensor may temporarily suspend such offending individual Authorized User's access to the Licensed Materials (e.g. by blocking an individual user’s IP address), provided that Licensor immediately notifies the Licensee of any such suspension, including the reason for the block and any supporting details. Such temporary suspensions will be of the shortest duration possible sufficient to terminate the alleged unauthorized activity and prevent its resumption. Any unauthorized use that is considered a breach of obligations under this Agreement shall be subject to Section XI, below, including the cure period.
Notification and Cure of Unauthorized Use. In the event the NTK and/or any of the Participating Institutions has notice of an unauthorized use of the Materials and cannot promptly remedy it, the NTK shall promptly notify the Suweco. In the event the Publisher or Suweco has notice of unauthorized use of the Materials, the Suweco will promptly notify NTK. is replaced by the text: Art.VII.3. Suweco is obliged to secure and is liable for any damages with respect to the validity of the right granted by Suweco to the NTK for the duration of the Agreement. Suweco is obliged to follow the contract concluded between Suweco and the Publisher about the right to access and usethe Materials. In the case of breach of such contract Suweco is responsible for all the damages to the NTK and Participating institutions caused by the suspension of the right to access and use the Materials. is replaced by the text: Suweco is obliged to secure and is liable for any damages with respect to the validity of the rights granted by Suweco to the NTK for the duration of the Agreement. Suweco is obliged to follow the contract concluded between Suweco and the Publisher about the right to access and use the Materials. In the case of breach of such contract from Suweco side Suweco is responsible for all the damages to the NTK and Participating institutions caused by the suspension of the right to access and use the Materials.
Notification and Cure of Unauthorized Use. In the event the Licensee and/or any of the Participating Institutions becomes aware of an unauthorized use of the Licensed Materials and cannot promptly remedy it, the Licensee or the Participating Institution shall without undue delay notify the Distributor or the Publisher. In the event the Distributor or Publisher becomes aware of unauthorized use of the Licensed Materials, the Distributor shall, or shall ensure that the Publisher will, without undue delay notify the Licensee and the respective Participating Institution in writing. The Licensee is obliged to ensure that Participating Institutions will be responsible and liable for taking all reasonable actions and shall ensure compliance of Authorized Users to the terms and conditions of this Agreement. In the case of unauthorized use which is causing serious and immediate material harm to the Publisher, the Publisher may temporarily suspend such offending individual Authorized User's access to the Licensed Materials (e.g. by blocking an individual user’s IP address or the IP address from which the offense is occurring or has occurred), provided that the Distributor or Publisher notifies the Licensee and the respective Participating Institution as soon as reasonably possible of any such suspension, including the reason for the suspension and any supporting details. All parties shall reasonably cooperate to resolve and remedy the case of unauthorized use to restore access as soon as reasonably possible. The parties shall work diligently such that thetemporary suspension will be of the shortest reasonable duration and the maximally limited extent necessary to terminate the unauthorized use and prevent its resumption. Notwithstanding anything to the contrary, Licensee and Participating Institutions understand and acknowledge that automatic blocks may occur with some forms of unauthorized use, such as bulk downloading, and in such cases, the Distributor or Publisher will notify the Licensee or Participating Institution as soon as reasonably possible after the Distributor or Publisher becomes aware of such block. Licensee or Participating Institutions should notify Distributor or Publisher as soon as reasonably possible upon it or they becoming aware of such blocks.
Notification and Cure of Unauthorized Use. In the event the Licensee and/or any of the Participating Institutions becomes aware of any intellectual property infringement or an unauthorized use of the Licensed Materials and cannot promptly remedy it, the Licensee or the Participating Institution shall without undue delay notify the Distributor or the Publisher and cooperate fully with the Distributor or the Publisher in any investigation of such infringement or unauthorized use. In the event the Distributor or Publisher becomes aware of unauthorized use of the Licensed Materials, the Distributor shall, or shall ensure that the Publisher will, without undue delay notify the Licensee and the respective Participating Institution in writing.
Notification and Cure of Unauthorized Use. If either party is in material violation of any term in the Agreement, the other party will send written or electronic notice of the breach. If the breach is not remedied to the non-violating party’s reasonable satisfaction within 7 working days, and if the parties do not agree to extend the remedy period, then the non-violating party may terminate this Agreement effective immediately upon written or electronic notice. Repeated or ongoing episodes of unauthorized use under Article 5. above, will be deemed a material breach of this Agreement by the Licensee and Participating Institutions. In the event that this Agreement is terminated due to a material breach by the Licensee and Participating Institutions no refund of access fees will be made. In the event that this Agreement is terminated due to a material breach by the Licensee and Participating Institutions and the fee payment wouldn’t be done yet, the Licensee is obliged to pay for the period the Licensed Materials were used by Participating Institutions. In the event the Licensee and/or any of the Participating Institutions becomes aware of an unauthorized use of the Licensed Materials and cannot promptly remedy it, the Licensee or the Participating Institution shall without undue delay notify the Distributor or the Publisher. In the event the Distributor or Publisher becomes aware of unauthorized use of the Licensed Materials, the Distributor shall, or shall ensure that the Publisher will, without undue delay notify the Licensee and the respective Participating Institution in writing.
Notification and Cure of Unauthorized Use. In the event the Licensee and/or any of the Participating Institutions has notice of an unauthorized use of the Licensed Materials and cannot promptly remedy it, the Licensee or Participating Institution shall promptly notify the Licensor, and the parties will cooperate in locating and attempting to stop the specific individuals who are abusing the service. In the event the Licensor has notice of unauthorized use of the Licensed Materials, the Licensor will promptly notify Licensee and respective Participating Institution. Should the unauthorized use be persistent and if the specific abuser(s) cannot be identified or stopped, Publisher has the right to suspend access to the affected portion of the Member’s site.