Representations and Warranties of Publisher Sample Clauses
Representations and Warranties of Publisher. Publisher represents and warrants that:
(i) There is no threatened or pending action, suit, claim or proceeding alleging that the use by Publisher of all or any part of the Product Software, Product Proposals, Product Information, Printed Materials, Advertising Materials or any underlying work or content embodied therein, or any name, designation or trademark used in conjunction with the Licensed Products infringes or otherwise violates any Intellectual Property Right or other right or interest of any kind whatsoever of any third party, or otherwise contesting any right, title or interest of Publisher in or to the Product Software, Product Proposals, Product Information, Printed Materials, Advertising Materials or any underlying work or content embodied therein, or any name, designation or trademark used in conjunction with the Licensed Products;
(ii) The Product Software, Product Proposals, Product Information, Printed Materials and Advertising Materials and their contemplated use under this Agreement do not and shall not infringe any person's or entity's rights including without limitation, patents, copyrights (including rights in a joint work), trademarks, trade dress, trade secret, rights of publicity, privacy, performance, moral rights, literary rights and any other third party right;
(iii) Publisher has the right, power and authority to enter into this Agreement, to grant SCEA the rights granted hereunder and to fully perform its obligations hereunder;
(iv) The making of this Agreement by Publisher does not violate any separate agreement, rights or obligations existing between Publisher and any other person or entity, and, throughout the term of this Agreement, Publisher shall not make any separate agreement with any person or entity that is inconsistent with any of the provisions of this Agreement;
(v) Publisher has not sold, assigned, leased, licensed or in any other way disposed of or encumbered the rights granted to Publisher hereunder, and Publisher will not sell, assign, lease, license or in any other way dispose of or encumber any of such rights except as expressly permitted hereunder or as consented to by SCEA in writing;
(vi) Publisher has obtained the consent of all holders of intellectual property rights required to be obtained in connection with use of any Product Information by SCEA as licensed hereunder, and Product Information when provided to SCEA in accordance with the terms of this Agreement may be published, marketed, distributed a...
Representations and Warranties of Publisher. Publisher represents and warrants to VCampus as follows.
(i) Publisher has all rights and has obtained all corporate and other approvals, consents, release clearances, licenses and authorizations needed for the execution and performance of this Agreement and the grant of rights and licenses hereunder, and neither the execution nor performance of this Agreement violates or conflicts with any other agreement of Publisher.
(ii) The Marks and the Content do not and will not infringe or otherwise violate any copyright or misappropriate any trade secret or otherwise violate any right of any third party or any laws, rules or regulations.
Representations and Warranties of Publisher. Publisher represents and warrants throughout the Term that:
16.2.1 there is, as of the Effective Date, no threatened or pending action, suit, claim or proceeding that SIE is not aware of that alleges that the use or possession by Publisher, or any of the Publisher Affiliates, of all or any part of the Publisher Property, Product Proposals, Product Information, Printed Materials, Advertising Materials, Packaging not provided by the Designated Manufacturing Facility, or any underlying work or content embodied in any of the foregoing, including any name, designation or trademark used in conjunction with any PlayStation Compatible Product, infringes or violates any Intellectual Property Rights or other right or interest of any kind whatsoever anywhere in the world of any third party, or that contests any right, title or interest of Publisher in or to the Publisher Property, Product Proposals, Product Information, Printed Materials, Advertising Materials, Packaging not provided by the Designated Manufacturing Facility, or any underlying work or content embodied in any of the foregoing, including any name, designation or trademark used in conjunction with any PlayStation Compatible Product;
Representations and Warranties of Publisher. Publisher represents and warrants that:
(i) There is no threatened or pending action, suit, claim or proceeding alleging that the use by Publisher of all or any part of the Product Software, Product Proposals, Product Information, Printed Materials, Advertising Materials or any underlying work or content embodied therein, or any name, designation or trademark used in conjunction with the Licensed PSP Products infringes or otherwise violates any Intellectual Property Right or other right or interest of any kind whatsoever of any third party, or otherwise contesting any right, title or interest of [*] Information has been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended.
Representations and Warranties of Publisher. Publisher represents and warrants that Publisher:
(i) has the right, power and authority to enter into this Rider and to fully perform its obligations hereunder;
(ii) shall process User Data transferred to Publisher pursuant to this Rider at all times in accordance with all relevant laws, regulations and directions of any competent supervisory authority, including without limitation, where Publisher has certified with the US Department of Commerce Safe Harbor framework, the requirements of such framework;
(iii) shall obtain any approval, license or permit required in the performance of its obligations pursuant to this Rider, including the recording of this Rider with any appropriate governmental authorities (if required);
(iv) shall deal promptly and properly with all reasonable inquiries from SCEA, any User or any competent supervisory authority relating to Publisher's processing of User Data;
(v) shall promptly notify SCEA (within five working days) if it receives: (a) a complaint or request relating to SCEA's obligations under applicable laws or regulations; or (b) any other communication relating directly or indirectly to the processing of any User Data in connection with this Rider;
(vi) shall provide SCEA with full co-operation and assistance in relation to any complaint or request made in respect of any User Data; and
(vii) shall permit SCEA or its external advisers (subject to reasonable and appropriate confidentiality undertakings) to inspect and audit Publisher's data processing activities and those of its agents, subsidiaries and sub-contractors and comply with all reasonable requests or directions by SCEA to enable SCEA to verify Publisher's full compliance with its obligations under this Rider.