PATENT, COPYRIGHT AND TRADE SECRET PROTECTION a. Contractor will indemnify, defend, and hold harmless the State, its officers, agents and employees, from any and all third party claims, losses, damages, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and costs), and losses for infringement or violation of any Intellectual Property Right by any product, Deliverable or Service provided hereunder. With respect to claims arising from computer Hardware or Software manufactured by a third party and sold by Contractor as a reseller, Contractor will pass through to the State such indemnity rights as it receives from third party (“Third Party Obligation”) and will cooperate in enforcing them; provided that if the third party manufacturer fails to honor the Third Party Obligation, Contractor will provide the State with indemnity protection equal to that called for by the Third Party Obligation, but in no event greater than that called for in the first sentence of this Section 32a. The provisions of the preceding sentence apply only to third party Hardware or Software sold as a distinct unit and accepted by the State. The following shall apply with respect to such claims:
PATENT, COPYRIGHT AND TRADE SECRET PROTECTION a) To the extent that any Vendor Technology is contained in any of the Deliverables including any derivative works, the Vendor hereby grants the State a royalty-free, fully paid, worldwide, perpetual, non-exclusive license to use such Vendor Technology in connection with the Deliverables for the State’s purposes.
PATENT, COPYRIGHT AND TRADE SECRET PROTECTION a. Contractor will indemnify, defend, and hold harmless SCS, its officers, agents and employees, from any and all third party claims, losses, damages, liabilities, costs and expenses (including without limitation reasonable attorneys' fees and costs), and losses for infringement or violation of any Intellectual Property Right by any Deliverables or Services provided hereunder. With respect to claims arising from Hardware or Software manufactured or produced by a third party and sold or licensed by Contractor as a reseller, Contractor will pass through to SCS such indemnity rights as it receives from such third party ("Third Party Obligation") and will cooperate in enforcing them; provided that if the third party manufacturer or producer fails to honor the Third Party Obligation, Contractor will provide SCS with indemnity protection equal to that called for by the Third Party Obligation. The provisions of the preceding sentence apply only to third party Hardware or Software sold as a distinct unit and accepted by SCS. The following shall apply with respect to such claims:
PATENT, COPYRIGHT AND TRADE SECRET PROTECTION. 1. The Contractor will indemnify, defend and save harmless the State of California, all state and local government governmental entities, the AOC and their respective officers, agents and employees from any and all liability of any nature or kind, including losses, costs, liabilities, damages or deficiencies, including interest penalties and attorneys’ fees, which arise out of any claim of infringement or misappropriation of patent, trade secret, copyright or other proprietary rights, alleged to have occurred because of software, systems or other resources provided by the Contractor or its subcontractors to the AOC.
PATENT, COPYRIGHT AND TRADE SECRET PROTECTION a) Vendor has created, acquired or otherwise has rights in, and may, in connection with the performance of services for the State, employ, provide, create, acquire or otherwise obtain rights in various concepts, ideas, methods, methodologies, procedures, processes, know-how, techniques, models, templates and general purpose consulting and software tools, utilities and routines (collectively, the “Vendor Technology”). To the extent that any Vendor Technology is contained in any of the Deliverables including any derivative works, the Vendor hereby grants the State a royalty-free, fully paid, worldwide, perpetual, non-exclusive license to use such Vendor Technology in connection with the Deliverables for the State’s purposes.
