Infringing Material definition

Infringing Material means material that bears a sign that is identical with or similar to a registered trade mark and either the sign is
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Infringing Material has the meaning given in Section 46.1(g) of the Project Agreement.
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Infringing Material. Any content to which you do not own the copyright or otherwise control the right to distribute. Additionally, content that may violate any other intellectual property rights, such as trademark and/or content that may infringe upon a party's proprietary ri ghts, such as the right of privacy or the right of publicity.
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Examples of Infringing Material in a sentence

  • Continued Use or Replacement of Infringing Material If a claim of infringement of Intellectual Property Rights is made or threatened by a third party, the Customer will allow the Contractor, at the Contractor’s expense, to either: obtain for the Customer the right to continued use of the Product; or replace or modify the Product so that the alleged infringement ceases so long as the Product continues to provide the Customer with equivalent functionality and performance as required in the Specifications.

  • The right of the Administrative Agent to perform any discretionary act enumerated in this Agreement or any Loan Document shall not be construed as a duty.

  • Anyone who believes that material posted on the Site infringes on his or her copyrighted work should refer to the Procedures for Requesting Removal of Infringing Material.

  • When we receive the Counter-Notice, we will send a copy of the Counter-Notice to the party who originally requested the removal of the Allegedly Infringing Material and we will reinstate the Allegedly Infringing Material, unless that party obtains a court order supporting removal of the Allegedly Infringing Material.

  • Where ICHX removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against ICHX under applicable law which you may have in respect of any Infringing Material appearing on the Community Channels prior to such removal by ICHX.

  • Before serving either a Notice of Infringing Material or a Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws.

  • Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws.

  • Copies of Notices of Infringing Material and Counter-Notifications may be sent to one or more third parties who may then make those documents available to the public.

  • In the event that Cologix becomes aware of any content, code, scripts, software, or other data provided or transmitted by Customer or equipment provided or owned by Customer, which is being used in violation of any applicable law or regulation, including but not limited to the CAN-SPAM Act and the DMCA (“Infringing Material”), Cologix reserves the right to remove, destroy, or restrict access to the Infringing Material, solely to comply with applicable law.

  • In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against ICHX in respect of any Infringing Material, unless you have first given ICHX the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter ICHX refuses or fails to remove the Infringing Material within a reasonable time.


More Definitions of Infringing Material

Infringing Material has the meaning set forth in Paragraph 8.3.
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Infringing Material is defined in Section 9.3.
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Infringing Material means any material which infringes copyright within the meaning of the Act and which has been reproduced or communicated by an Authorised User, using University Systems. Where that material is part of a larger work or compilation or other subject matter then only that part which infringes copyright is "Infringing Material" for the purpose of this Paper.
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Infringing Material means any
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Related to Infringing Material

  • Existing Material means Material developed independently of this Agreement that is incorporated in or supplied as part of Reporting Material or Activity Material.

  • Offering Materials means a Fund’s currently effective prospectus and most recently filed registration statement with the SEC relating to shares of the Fund.

  • Manufacturing Materials means parts, tools, dies, jigs, fixtures, plans, drawings, and information produced or acquired, or rights acquired, specifically to fulfill obligations set forth herein.

  • Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Public License.

  • propagating material means plants and parts thereof that are intended for plant cultivation.

  • Marketing Material means (a) customary bank books, information memoranda and other information packages regarding the business, operations, financial condition, projections and prospects of the Companies and their Subsidiaries, including all information relating to the transactions contemplated hereunder and (b) a customary “road show presentation” and a preliminary and final offering memorandum or private placement memorandum that is suitable for use in a customary “high-yield road show”, in each case required in connection with the Financing.

  • Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

  • Biological Material means any material containing genetic information and capable of reproducing itself or being reproduced in a biological system;

  • Marketing Materials means any Issuer Free Writing Prospectus other than any Issuer Free Writing Prospectus specified in Schedule IV hereto, and including but not limited to any electronic roadshow slides and any accompanying audio recording used in connection with the marketing of the Notes. Any reference to any prospectus, the Preliminary Prospectus or the Prospectus shall be deemed to refer to and include any documents incorporated by reference therein pursuant to Form F-3 under the Securities Act as of the date of such prospectus, Preliminary Prospectus or the Prospectus, as the case may be. Any reference to the “most recent Preliminary Prospectus” shall be deemed to refer to the latest Preliminary Prospectus included in the Registration Statement or filed pursuant to Rule 424(b) under the Securities Act prior to or on the date hereof. Any reference to any amendment or supplement to any prospectus, the Preliminary Prospectus or the Prospectus shall be deemed to refer to and include any document filed under the Securities Exchange Act of 1934, as amended (the “Exchange Act”), after the date of such prospectus, Preliminary Prospectus or the Prospectus, as the case may be, and incorporated by reference in such prospectus, Preliminary Prospectus or the Prospectus, as the case may be; and any reference to any amendment to the Registration Statement shall be deemed to include any document filed with the Commission pursuant to Section 13(a), 14 or 15(d) of the Exchange Act after the applicable Effective Date that is incorporated by reference in the Registration Statement. The Commission has not issued any order preventing or suspending the use of the Preliminary Prospectus or the Prospectus or suspending the effectiveness of the Registration Statement, and, to the Company’s knowledge, no proceeding or examination for such purpose or pursuant to Section 8A of the Securities Act against the Company or related to the offering of the Notes has been instituted or threatened by the Commission. The Commission has not notified the Parent or the Company of any objection to the use of the form of the Registration Statement or any post-effective amendment thereto.

  • Product Information has the meaning set forth in Section 9.1.

  • Preexisting Materials means any Intellectual Property Rights or tangible personal property of Supplier or Cisco created before the date of this Purchase Order or outside the scope of this Purchase Order.

  • Training Materials means any and all materials, documentation, notebooks, forms, diagrams, manuals and other written materials and tangible objects, describing how to maintain the Facilities, including any corrections, improvements and enhancements thereto to the Bloom Systems which are delivered by Operator to Owner, but excluding any data and reports delivered to Owner.

  • The Material/ Product means all the materials along with the accessories which the contractor is required to supply to the Bank under the Contract.

  • Licensed Know-How means all Know-How that (a) is Controlled by Pfizer or any of its Affiliates as of the effective date of the Pfizer-MPP Agreement, (b) directly relates to the use of the Compound, Product or Licensed Product in the Field, and (c) is not in the public domain or otherwise generally known. For the avoidance of doubt, (i) Licensed Know-How shall not include any Know-How to the extent solely and directly related to any other Pfizer compound or to the extent related to the use of the Compound, Product or Licensed Product outside the Field and (ii) Licensed Know-How includes only that Know-How, designated by Pfizer in its sole discretion, necessary for the manufacture, registration and commercialization of the Compound and/or Licensed Product for use in the Field. For the avoidance of doubt, Licensed Know-How excludes any Know-How related to ritonavir that has been (either as of the Effective Date or at any time during the term of this Agreement) in-licensed by Pfizer from any Third Party.

  • Background Material means any pre-existing works in which the Intellectual Property Rights are owned by either Party, which have been prepared by that Party outside the scope of this Agreement or which were licensed from a third party by that Party.”

  • Licensor Know-How means all Information that (a) is necessary or useful for the Development, manufacture or Commercialization of a Product in the Field and (b) (i) is Controlled by Licensor or its Affiliates as of the Effective Date or (ii) is Controlled by Licensor or its Affiliates during the Term; provided, the use of “Affiliate” in this definition excludes any Third Party that becomes an Affiliate of Licensor after the Effective Date due to a Change of Control of Licensor, except to the extent such Third Party’s Information is Controlled by Licensor (or its Acquiror) or any of its other Affiliates and is necessary for the Development, manufacture or Commercialization of CX-01 or any Product and is used in respect of a Product in the Territory.

  • Reporting Material means all Material which the Grantee is required to provide to the Commonwealth for reporting purposes as specified in the Grant Details and includes any Existing Material that is incorporated in or supplied with the Reporting Material.

  • Advertising Materials means any advertising, marketing, merchandising, promotional, public relations (including press releases) and display materials relating to or concerning Licensed Products or proposed Licensed Products, or any other advertising, merchandising, promotional, public relations (including press releases) and display materials depicting any of the Licensed Trademarks. For purposes of this Agreement, Advertising Materials include any advertisements in which the System is referred to or used in any way, including but not limited to giving the System away as prizes in contests or sweepstakes and the public display of the System in product placement opportunities.

  • Promotional Material means any communication that relates to the Company or its services made to or directed at, or that relates in any way to the solicitation of a Prospective Customer or a transaction in an Existing Customer’s trading account. Promotional Material includes, but is not limited to, published written texts, training materials, advertisements, market analysis, research reports, correspondence to Existing Customers or Prospective Customers, newsletters and generally anything written that assists in the solicitation process.

  • Technical Information means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data-Non Commercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

  • Licensed IP means the Licensed Patents and the Licensed Know-How.