Common use of Ownership and Non-infringement Clause in Contracts

Ownership and Non-infringement. Each of Publisher and Developer represents and warrants that it has obtained all rights, licenses and authorizations necessary to enter into this Agreement and grant the rights, licenses and authorizations granted herein. Each of Publisher and Developer represents and warrants that the execution and performance of this Agreement does not and will not violate or interfere with any other agreement to which it is a party. Developer represents and warrants that the software engine, technology, source code and related development tools for the Product is or will be original to Developer and/or exclusively owned by Developer and that the software engine, technology, source code and related development tools are not, nor will they be, in violation of the rights of any other person or entity. Developer represents and warrants that no part of the Product or the exercise of the rights granted hereunder, violates or infringes upon any rights of any person or entity, including, but not limited to, copyrights, trademark rights, patent rights, trade secrets rights, or contractual, common law or statutory rights.