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

• Company shall defend Customer against any third party Infringement Claim.

• Company's obligation to defend, settle, or indemnify Customer are subject to: (i) Customer promptly notifies Company in writing of an Infringement Claim such that Company is not prejudiced by any delay of such notification; (ii) Company has sole control over the defense and any settlement of any Infringement Claim; and (iii) Customer provides reasonable assistance in the defense of same.

• For the purposes of these terms, "Infringement Claim" means any claim, suit or proceeding brought against Customer based on an allegation that the Product(s), excluding any Open Source Software, as delivered by Company, infringes any patent or copyright or violates any trade secret rights of any third party.

• If Customer's use of any of the Products is, or in Company's opinion is likely to be, enjoined as a result of an Infringement Claim, Company shall, at its sole option and expense, either (i) procure for Customer the right to continue to use the Products as contemplated in an Order, or (ii) replace or modify the Services to make their use non-infringing without degradation in performance or a material reduction in functionality.

• In no event will Contractor’s liability resulting from an Infringement Claim extend in any way to any payments due on a royalty basis, other than a reasonable royalty based upon revenue derived by Contractor from State from sales or license of the Infringing Product.

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

Infringement Claim means a Third Party Claim incurred by the Customer or its Affiliated Companies resulting from any claim that the Customer’s use of a Service is infringing upon or misappropriating any copyright, trademark, US or UK patent or similar proprietary right of a third party.

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 shall have the meaning set out in Clause 11.3.1(a),