Violation of Intellectual Property Rights Clause Samples
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Violation of Intellectual Property Rights. If any claims are brought against Customer concerning in- fringements of intellectual property rights relating to the products, Supplier shall indemnify and hold Customer harmless from all such claims. Supplier shall, at its own expense, defend any claims or action brought against Cus- tomer and pay any award or damages assessed against Customer or agreed to be paid by in a settlement resulting from such action, provided that Customer provides Sup- plier: (i) prompt notice in writing of such action, (ii) the right to control the defense and settlement of the action, provided that such defense and/or settlement may not prejudice Customer in any way and (iii) reasonable assis- tance and information. Without prejudice to Supplier’s ob- ligation to indemnify as set out above; if, as a result of any binding settlement among the Parties or a final determi- nation by a court of competent jurisdiction, any of the de- liverables held to infringe and its use is enjoined Supplier shall have the option to: (i) obtain the right to continue use of the products or (ii) replace or modify the products so that they are no longer infringing. The foregoing indemnification shall not apply in case Sup- plier proves that the infringement arises directly from (a) modifications made Customer to the products without Supplier’s approval, (b) use of the products in material breach of the Agreement. Customer shall have the right to terminate the Agreement with immediate effect in case the products cannot be used in accordance with the Agreement pertaining to this sec- tion.
Violation of Intellectual Property Rights. (i) To the Company’s Knowledge, there is no unauthorized use, disclosure, infringement, threatened infringement, misappropriation or other violation of any of the Company Owned IP by any third party, including any employee, former employee or independent contractor of the Company or any of its Affiliates or any material breach of any Contract by any third party involving the Company Owned IP. There is no unauthorized use, disclosure, infringement, threatened infringement, misappropriation or other violation of any of the Third Party IP by the Company or any of its Affiliates.
(ii) Except as set forth in Section 4.19(c)(ii) of the Disclosure Schedule, there are no pending (with service of process having been made or written notice having been served on the Company or Sellers) or threatened Claims, suits, demands or actions against the Company with respect to Intellectual Property or Intellectual Property Rights.
(iii) No part of the business conducted by the Company as currently conducted or as contemplated to be conducted infringes, misappropriates or otherwise violates or has been alleged to infringe, misappropriate or otherwise violate any Intellectual Property Rights of any third party. No (a) product or service, (b) material created and published by the Company, or (c) -35- conduct or statement of the Company or any of its subsidiaries constitutes obscene material, a defamatory statement or material, false advertising or, to the Company’s Knowledge, otherwise violates any law or regulation.
(iv) The Company has not entered into any agreement to defend, hold harmless or indemnify and does not otherwise owe a duty to defend, hold harmless or indemnify any entity against any charge of infringement or misappropriation of any Intellectual Property or Intellectual Property Rights, other than hold harmless, defense or indemnification provisions arising in the ordinary course of business.
(v) None of the Company, Sellers, nor any of Sellers’ Affiliates, is in breach of any obligation of confidence related to any proprietary or confidential information, trade secrets or know-how.
(vi) All software used by the Company for its business is properly and validly licensed to or owned by the Company, and, if licensed, the Company has secured or obtained a sufficient number of licenses to cover all use of such software by the Company.
Violation of Intellectual Property Rights. The Services shall not be used to publish, submit, receive, upload, download, post, use, copy or otherwise reproduce, transmit, retransmit, distribute, or store any content or material or to engage in any activity that infringes, misappropriates, or otherwise violates the intellectual property rights or publicity rights of Revvity or any third party, including but not limited to any rights protected by any copyright, patent, trademark, trade secret, trade dress, right of publicity, moral rights, or other intellectual property right now known or later recognized by statute, judicial decision or regulation.
Violation of Intellectual Property Rights. The Services and/or Third Party Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise reproduce, transmit, retransmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of SoftLayer or any other party, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation. Please refer to ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/about/legal to file complaints or counter notifications related to copyright or trademark claims.
Violation of Intellectual Property Rights. Service(s) shall not be used to publish, submit/receive upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the Intellectual Property Rights or privacy or publicity rights of The Company or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other Intellectual Property Right now known or later recognized by statute, judicial decision or regulation.
Violation of Intellectual Property Rights. The Services shall not be used to publish,
Violation of Intellectual Property Rights. The Supplier guarantees that to the best of its reasonably obtained knowledge as on the Effective Date, no industrial property rights (in particular copyrights and patent rights) of third parties are infringed in connection with the Patents transferred to the Purchaser subject to this Agreement.
Violation of Intellectual Property Rights. 21.1. This service respects the rights of copyright owners. All rights of the authors of the works protected, reproduced and communicated on this site are reserved. Unless authorized, any use of the Content other than for the purposes stated for herein are prohibited. If VIRPP receives a notice alleging that you have engaged in behavior that infringes VIRPP's or another's intellectual property rights or reasonably suspects the same, VIRPP may suspend or terminate your Account without notice to you, and shall have no liabilities to you, past or present, for suspension or termination under this paragraph. If you believe that any information or material on the Website constitutes copyright infringement, instructions on how to file an infringement claim with VIRPP can be found here: ▇▇▇▇▇://▇▇▇▇▇.▇▇▇▇▇▇▇.▇▇▇/hc/en-us
22.1. You agree that VIRPP has the right, without liability or notice to you, to disclose any Registration Data/Account information to law enforcement authorities, government official, and/or third party, as VIRPP believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to VIRPP's right to cooperate with any legal process relating to your use of the Website and/or Content, and/or a third party claim that your use of the Website and /or Content is unlawful and/or infringes such third party's rights).
Violation of Intellectual Property Rights. Premium respects the intellectual property of others, and expects those who use the Service to do the same. It is our policy, in appropriate circumstances and in our sole discretion, to disable and/or terminate the accounts of individuals who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Premium and/or others. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. The Service may contain or may interact with third party content that is not owned, controlled or operated by Premium (collectively, “Third-Party Services”). We may also host our content on Third- Party Services. Premium neither endorses nor controls such Third-Party Services, AND YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR THE INFORMATION, CONTENT, PRODUCTS, OR SERVICES ON OR AVAILABLE FROM SUCH THIRD-PARTY SERVICES OR FOR THE RESULTS TO BE OBTAINED FROM USING THEM. If you choose to access any such Third Party Services, you do so at your own risk. If you navigate away from the Service by clicking on an unaffiliated website link, you do so at your own risk and you should be aware that these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Service or relating to any applications you use or install from another website.
Violation of Intellectual Property Rights. To the best knowledge of the Company and each Seller (i) the Company is the owner of or duly licensed to use each Trademark and its associated goodwill; (ii) each Trademark registration exists and has been maintained in good standing; (iii) each patent and application included in the Intellectual Property exists, is owned by or licensed to the Company, and has been maintained in good standing; (iv) each copyright registration exists and is owned by the Company; (v) no other firm, corporation, association or person claims the right to use in connection with similar or closely related goods and in the same geographic area, any ▇▇▇▇ which is identical or confusingly similar to any of the Trademarks; (vi) neither the Company nor any of Sellers has any knowledge of any pending or threatened claim that any third party asserts ownership rights in any of the Intellectual Property; (vii) neither the Company nor any of Sellers has any knowledge of any pending or threatened claim that the Company's use of any Intellectual Property infringes any right of any third party; and (viii) neither the Company nor any of Sellers has any knowledge of any pending or threatened claim that any third party is infringing on any of the Company's rights in any of the Intellectual Property.