Common use of Violation of Third Party Rights Clause in Contracts

Violation of Third Party Rights. 4.9 Should a third party allege or prove that the use by the customer of the technical documentation or the concepts embod- ied in them, or of the software, violates the third party’s rights, the customer will immediately notify Spühl GmbH and support Spühl GmbH in any defense against such allegations. In any case of alleged infringement, or in any case that Spühl GmbH believes a third party’s rights may have been infringed, Spühl GmbH has the right, at its option, to provide a work-around or to replace the technical documentation or the software by a substitute that does not violate such third party rights. Any other rights or remedies of the customer in this con- text shall explicitly be excluded. 4.10 The buyer is solely responsible for ensuring that the machines delivered by the seller are not used to manufacture any products that infringe patents or other third-party property rights. The seller does not assume any liability in this regard.