INTELLECTUAL PROPERTY AND INDEMNIFICATION. Speaker represents that copies of materials Speaker provides to attendees at the Event will be made only from legal copies and that Speaker either (a) owns the copyright, (b) has written permission of the copyright owner(s) for this use, (c) reasonably believes this use of each copyrighted work to be fair use or in the public domain. Copyright notices and attributions for each copyrighted work will be included on all such materials. Speaker shall release, indemnify, defend and hold the University and its regents, faculty members, students, employees, agents and contractors harmless from actions, suits, claims, negligent losses, costs, judgments and expenses, including reasonable attorneys' and investigative fees, arising out of the Event (“Damages”). The foregoing agreement to release, defend, indemnify and hold harmless will not apply to the extent such Damages, were caused by the intentional, willful, or wanton acts of University.
INTELLECTUAL PROPERTY AND INDEMNIFICATION. All intellectual and industrial property rights, in any form whatsoever, in respect of goods that are made available to the Other Party by RWE for the benefit of the execution of the Agreement, including software and systems of RWE supplied by third parties, are exclusively vested in RWE, unless expressly indicated otherwise. All intellectual and industrial rights, in any form whatsoever, that arise due to or as a result of the execution of the Agreement by the Other Party are vested in or belong to RWE. Data carriers that the aforementioned rights are related to belong to RWE. Where applicable the rights as intended in article 14.2 are in pursuance of these Purchase Terms and Conditions transferred to RWE by the Other Party. After the occurrence of the said rights the relevant transfer is hereby already accepted by RWE. To the extent that the transfer of these kinds of rights requires a further deed the Other Party shall on demand of RWE lend its cooperation in the transfer of these kinds of rights, without being able to impose any conditions in connection therewith. The Other Party is held to use the material made available by RWE in such manner that a violation of any intellectual property right vested on the said material is out of the question. The Other Party is held to xxxx the said material as recognisable property of RWE. The Other Party warrants that the use, including the resale, of (parts of) the Goods delivered by and the Services supplied by the same or of the Tools sold or manufactured by the same for the benefit of RWE do not infringe any intellectual and industrial property right of third parties and that the use thereof is neither otherwise unlawful vis-à-vis third parties in any country. If the use by RWE as intended in article 14.5 infringes or threatens to infringe an intellectual or industrial property right of third parties, or any other right of third parties, then the Other Party shall:
INTELLECTUAL PROPERTY AND INDEMNIFICATION. Each party shall indemnify and defend the other party against any and all claims, suits, losses, expenses, and liabilities, for bodily injury, personal injury, death, and property damage asserted or brought or asserted by any person or entity arising out of the design, installation or use of any Product(s) manufactured by SANMINA-SCI. Both parties shall carry and maintain liability insurance coverage to satisfactorily cover its obligations under this Agreement. SSI agrees to defend at its expense any suit brought against SANMINA-SCI based upon a claim that the SSI design used by SANMINA-SCI to manufacture the Product(s) under this Agreement infringes on a 12 patent, copyright, trade secret and other proprietary right, foreign or domestic, and to pay the amount of any settlement or the costs (including attorney fees and expenses) and damages finally awarded provided that SANMINA-SCI promptly notifies SSI and provides SSI with reasonable assistance in the defense of any such action. SANMINA-SCI, at its own expense, shall indemnify and defend SSI, and shall pay any damages, agreed upon settlement amounts, or necessary costs (including attorney fees and expenses) finally awarded with respect to all proceedings or claims against SANMINA-SCI for the infringement of any Intellectual Property Rights resulting from SANMINA-SCI's manufacture and assembly processes where such use necessarily and solely causes the infringement. SANMINA-SCI shall not have any liability hereunder based on (1) required compliance by SANMINA-SCI with Specifications originating or furnished by SSI (or the combination of the Product Units with other apparatus not included in the deliveries to SSI), if such compliance (or combination) necessarily and solely gives rise to such proceedings or claims; (2) infringement or alleged infringement caused solely by SSI Components; (3) SSI's failure to provide prompt notice to SANMINA-SCI of any such proceeding or claim and copies of all communications, notices, and/or other actions relating to such claim; or (4) infringement resulting from modifications or alterations made after shipment by SANMINA-SCI. Except for Infringement, either party's maximum liability under, arising from, or in connection with this Agreement, whether arising in contract, tort, or any other legal theory, shall be limited to the price paid for the Product(s) giving rise to the claim. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER, OR TO ANY THIRD PARTY, FOR ANY LOST PROFI...
INTELLECTUAL PROPERTY AND INDEMNIFICATION. 9.1 [***] IBM has no obligation hereunder unless Customer (1) promptly notifies IBM, in writing, of the charge of infringement; (2) allows IBM to control and cooperates with IBM, at IBM’s expense, in the defense and any related settlement activities; and (3) upon the written request of IBM either: (a) allows IBM to modify or replace the Product, or (b) returns the Product to IBM for a credit equal to the purchase price paid by Customer to IBM for the Product. If such a claim is made or appears likely to be made [***] Customer agrees that IBM may, in IBM’s sole discretion: [***] (2) modify the Product; (3) replace the Product; or (4) require return of the Product for a credit equal to the purchase price paid by Customer to IBM for the Product. IBM has no obligation regarding any claim of infringement to the extent such claim is based on any of the following: (1) Items; (2) Customer’s modification of a Product or Service; (3) the combination, operation, or use of a Product with any product, data, or apparatus; (4) anything Customer provides which is incorporated into a Product; (5) IBM’s manufacture or modification of a Product in compliance with Customer’s written requirements; (6) the use of a Product in other than its specified operating environment; (7) the use or distribution of a Product by Customer in a country in violation of U.S. export laws; or (8) infringement by a non-IBM product alone, as opposed to its combination with Products IBM provides to Customer as a system. For such claims for which IBM has no obligation to indemnify Customer hereunder, Customer agrees to indemnify, defend, and hold harmless IBM against all money damages and costs resulting from any claim that any Product or Service infringes a patent or copyright of a third party provided that IBM (1) promptly notifies Customer, in writing, of the charge of infringement and (2) allows Customer to control and reasonably cooperates with Customer, at Customer’s expense, in the defense and any related settlement activities The foregoing states the entire obligation and exclusive remedy of IBM and Customer regarding any claim of patent or copyright infringement relating to any Product sold or Service provided.
INTELLECTUAL PROPERTY AND INDEMNIFICATION. 14.11 To the extent that costs are related to the establishment of an intellectual and/or industrial property right the said costs shall be at the expense of RWE. The Other Party hereby irrevocably authorises
INTELLECTUAL PROPERTY AND INDEMNIFICATION. 16.1 All intellectual property rights relating to Standard Software, Bespoke Software and Fellowmind’s Services, equipment, training materials, or other materials (such as analyses, designs, documentation, reports, proposals, as well as preparatory materials thereof) and websites (including its/their content) are vested exclusively in Fellowmind and/or the Third Parties.
INTELLECTUAL PROPERTY AND INDEMNIFICATION. 10.1 IBM agrees to indemnify Customer against damages assessed against Customer as a result of a final judgment of a court of competent jurisdiction holding that any Product sold or Service provided by IBM to Customer hereunder infringes a patent or copyright of a third party in any country in which IBM sells or provides similar products or services, up to the amount paid by Customer for Products or Services provided hereunder; PROVIDED THAT Customer (1) promptly notifies IBM, in writing, of the charge of infringement; or (2) allows IBM to control and cooperates with IBM in the defense and any related settlement action; and (3) upon the written request of IBM (a) allows IBM to modify or replace the Product, or (b) returns the Product to IBM for a credit equal to Customer's purchase price for the Product, provided Customer has followed generally accepted accounting principles. Such indemnification does not apply to a claim of infringement involving any Product sold or Service provided by IBM to Customer which has been modified by Customer, used in combination with any product not sold by IBM to Customer, or made, modified or provided by IBM in compliance with Customer's specification(s). Customer agrees to indemnify IBM against all damages and costs resulting from such a claim of infringement. The foregoing states the entire obligation and exclusive remedy of IBM and Customer regarding any claim of patent or copyright infringement relating to any Product sold or Service provided hereunder.
INTELLECTUAL PROPERTY AND INDEMNIFICATION. 17.1 Each of the Parties retain all right, title and interest in and to their respective trade secrets, inventions, copyrights, and other Intellectual Property. Any Intellectual Property developed by the Supplier during the performance of the Managed Services shall belong to the Supplier unless the Supplier has agreed with the Customer in advance and in writing that the Customer shall have an interest in the Intellectual Property.
INTELLECTUAL PROPERTY AND INDEMNIFICATION. Section 4.01 - Proprietary Restriction Section 4.02 - Derivative Works Section 4.03 - Force Majeure Section 4.04 - Indemnification
INTELLECTUAL PROPERTY AND INDEMNIFICATION. 8.6.1 All intellectual property rights in the LGK are and shall remain the exclusive property of Elekta or its Affiliates.
