Common use of Intellectual Property Rights Infringement Clause in Contracts

Intellectual Property Rights Infringement. Micro Focus will defend and/or settle any claims against Customer that allege that an Micro Focus-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Micro Focus will rely on Customer’s prompt notification of the claim and cooperation with our defense. Micro Focus may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-paid amount or, for professional services, the amount paid. Micro Focus is not responsible for claims resulting from any unauthorized use of the products or services. This section shall also apply to deliverables identified as such in the relevant Support Material except that Micro Focus is not responsible for claims resulting from deliverables content or design provided by Customer.

Appears in 11 contracts

Samples: Focus Customer Terms, Focus Customer Terms, Focus Customer Terms

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Intellectual Property Rights Infringement. Micro Focus will defend and/or settle any claims against Customer that allege that an Micro Focus-branded software product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Micro Focus will rely on Customer’s prompt notification of the claim and cooperation with our defense. Micro Focus may modify the software product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected software product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-paid amount or, for professional services, the amount paid. Micro Focus is not responsible for claims resulting from any unauthorized use of the software products or services. This section shall also apply to deliverables identified as such in the relevant Support Material except that Micro Focus is not responsible for claims resulting from deliverables content or design provided by Customer.

Appears in 5 contracts

Samples: Micro Focus Customer Terms Software, Micro Focus Customer Terms Software, Terms Software

Intellectual Property Rights Infringement. Micro Focus will defend and/or settle any claims against Customer that allege that an Micro Focus-branded software product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Micro Focus will rely on Customer’s prompt notification of the claim and cooperation with our defense. Micro Focus may modify the software product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected software product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-paid amount or, for professional servicesprofessional, the amount paid. Micro Focus is not responsible for claims resulting from any unauthorized use of the software products or services. This section shall also apply to deliverables identified as such in the relevant Support Material except that Micro Focus is not responsible for claims resulting from deliverables content or design provided by Customer.

Appears in 2 contracts

Samples: Micro Focus Customer Terms Software, Micro Focus Customer Terms Software

Intellectual Property Rights Infringement. Micro Focus will defend and/or settle any claims against Customer that allege that an Micro Focus-branded product or service as supplied under this Agreement these Terms infringes the intellectual property rights of a third party. Micro Focus will rely on Customer’s prompt notification of the claim and cooperation with our defense. Micro Focus may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-paid amount or, for professional services, the amount paid. Micro Focus is not responsible for claims resulting from any unauthorized use of the products or services. This section shall also apply to deliverables identified as such in the relevant Support Supporting Material except that Micro Focus is not responsible for claims resulting from deliverables content or design provided by Customer.

Appears in 1 contract

Samples: Enterprise Software Initiative License Agreement

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Intellectual Property Rights Infringement. Micro Focus will defend and/or settle any claims against Customer that allege that an Micro Focus-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Micro Focus will rely on Customer’s prompt notification of the claim and cooperation with our defense. Micro Focus may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-paid amount or, for professional services, the amount paid. Micro Focus is not responsible for claims resulting from any unauthorized use of the products or services. This section shall also apply to deliverables identified as such in the relevant Support Material for except that Micro Focus is not responsible for claims resulting from deliverables content or design provided by Customer.

Appears in 1 contract

Samples: Focus Customer Terms

Intellectual Property Rights Infringement. Micro Focus will defend and/or settle any claims against Customer that allege that an Micro Focus-branded product or service as supplied under this Agreement these Terms infringes the intellectual property rights of a third party. Micro Focus will rely on Customer’s prompt notification of the claim and cooperation with our defense. Micro Focus may modify the product or service so as to be non-non- infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-paid amount or, for professional services, the amount paid. Micro Focus is not responsible for claims resulting from any unauthorized use of the products or services. This section shall also apply to deliverables identified as such in the relevant Support Supporting Material except that Micro Focus is not responsible for claims resulting from deliverables content or design provided by Customer.

Appears in 1 contract

Samples: Enterprise Software Initiative License Agreement

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