Common use of Use of Third Party Intellectual Property Clause in Contracts

Use of Third Party Intellectual Property. Supplier agrees to notify and request approval from SPANSION in writing prior to the inclusion of any third party intellectual property, including software and documentation, into any Services. SPANSION may decline such approval in SPANSION’s reasonable discretion. Supplier warrants that Supplier has the right to include such third party intellectual property in the Services, and that SPANSION shall have the right to use any Services based upon such third party intellectual property to the same extent as SPANSION may use such Services pursuant to this Agreement. SPANSION agrees to notify Supplier in writing prior to the inclusion of any third party intellectual property, including software and documentation, into any Services. Supplier may decline to use such third party intellectual property upon receipt of any notice by the third party that such intellectual property infringes upon the intellectual property of such notifying third party.

Use of Third Party Intellectual Property. Supplier agrees to notify and request approval from SPANSION Spansion in writing prior to the inclusion of any third party intellectual property, including software and documentation, into any Services. SPANSION Spansion may decline such approval in SPANSIONSpansion’s reasonable discretion. Supplier warrants that Supplier has the right to include such third party or pre-existing Supplier intellectual property in the Services, and that SPANSION Spansion shall have the right to use any Services based upon on such third party intellectual property in any Services to the same extent as SPANSION Spansion may use such Services pursuant to this Agreement. SPANSION Spansion agrees to notify and request approval from Supplier in writing prior to the inclusion of any third party intellectual property, including software and documentation, into any Services. Supplier may decline to use such third party intellectual property upon receipt of any notice by the third party that such intellectual property infringes upon the intellectual property of such notifying third party.