Infringement Claim definition

Infringement Claim means a third party claim alleging that the Equipment manufactured by Motorola or the Motorola Software directly infringes a United States patent or copyright.

Infringement Claim has the meaning set forth in Section 8.2(a).

Infringement Claim means a claim by a third-party other than an Affiliate of Customer, made during the Term, that access to the Licensed Materials in accordance with the terms of this Agreement infringes a patent practiced by such party or a copyright held by such party.

Examples of Infringement Claim in a sentence

• Buyer and/or its customer will duly notify Seller of any such Infringement Claim and Seller will, at its own expense, fully defend such Infringement Claim on behalf of the Indemnitees.

• Service Provider shall have no obligations with respect to any infringement claims to the extent that the infringement claim arises or results from: (i) Service Provider’s compliance with the Bank’s specific technical designs or instructions (except where Service Provider knew or should have known that such compliance was likely to result in an Infringement Claim and Service Provider did not inform the Bank of the same); or (ii) any unauthorized modification or alteration of the product by the Bank.

• If an Infringement Claim occurs, the Company shall either: (i) procure for the City the right to continue using the affected product or service; or (ii) repair or replace the infringing product or service so that it becomes non-infringing, provided that the performance of the overall product(s) and service(s) provided to the City shall not be adversely affected by such replacement or modification.

• In addition to Motorola’s obligation to defend, and subject to the same conditions, Motorola will pay all damages finally awarded against Customer by a court of competent jurisdiction for an Infringement Claim or agreed to, in writing, by Motorola in settlement of an Infringement Claim.

• Motorola’s duties to defend and indemnify are conditioned upon: Customer promptly notifying Motorola in writing of the Infringement Claim; Motorola having sole control of the defense of the suit and all negotiations for its settlement or compromise; and Customer providing to Motorola cooperation and, if requested by Motorola, reasonable assistance in the defense of the Infringement Claim.

More Definitions of Infringement Claim

Infringement Claim has the meaning set forth in Section 14.3.1.

Infringement Claim has the meaning set forth in Section 5.6.1.

Infringement Claim has the meaning set forth in Section 7.4 (Claimed Infringement).

Infringement Claim shall have the meaning set forth in Section 13.03(a).

Infringement Claim has the meaning set forth in Section 10.6(a).

Infringement Claim means a third party claim alleging that the Equipment manufactured by IDEMIA or the IDEMIA Software infringes upon the third party’s United States patent or copyright.

Infringement Claim means a claim that Licensed Software infringes another party’s intellectual property rights.