IP Claim definition

IP Claim means a Claim made against you by a third party alleging that the Stripe Technology, Services or a Stripe Mark provided to and used by you in accordance with this Agreement infringes or misappropriates the IP Rights of the third party making the Claim, excluding Claims made by Connected Accounts.

IP Claim means any suit, cause of action, or other legal proceeding filed/brought against Company by a third party in the courts of law, equity, or otherwise ONLY in the Territory, that asserts that Software licensed hereunder directly infringes any patent, copyright, and/or trademark of such third party.

IP Claim means any claim, demand, dispute, lawsuit, arbitration, opposition, interference, cancellation or other adversarial proceeding concerning alleged Infringement respecting the validity, registrability, enforceability, ownership or Use of Intellectual Property.

Examples of IP Claim in a sentence

• If there is a Third-Party IP Claim or if IFS in IFS’ reasonable opinion such claim is likely to be made, IFS may, at its option and expense, elect to (i) procure for Customer the right to continue using the relevant portion of the Application Software or (ii) replace or modify such portion so that it no longer infringes, but without prejudicing its functionality.

• Xxxxxx will defend you against any IP Claim and indemnify you against all IP Claim Losses.

• You must promptly notify Stripe of the IP Claim for which you seek indemnification; however, any delay or failure to notify will not relieve Stripe of its obligations under this Section 11, except to the extent Stripe has been prejudiced by the delay or failure.

• This Section 11.1 states Stripe’s sole liability, and your sole and exclusive right and remedy, for infringement by the Stripe Technology, Services, or Marks of Stripe or its Affiliate, including any IP Claim.

• You must give Stripe sole control and authority to defend and settle the IP Claim, but (i) you may participate in the defence and settlement of the IP Claim with counsel of your own choosing at your own expense; and (ii) Stripe will not enter into any settlement that imposes any obligation on you (other than payment of money, which Stripe will pay) without your consent.

More Definitions of IP Claim

IP Claim shall have the meaning set forth in Section 11.

IP Claim means a claim brought by a third party alleging that the Qlik Products, as delivered by Qlik and used as authorized under this Agreement, infringes upon any third- party copyright, trademark or a patent.

IP Claim means a lawsuit filed against you by a third party that is not a patent assertion entity or non-practicing entity.

IP Claim has the meaning set forth in Section 15. 1.

IP Claim shall have the meaning set forth in Section 4.2(a).

IP Claim means any suit, cause of action, or other legal proceeding filed/brought against Company by a third party in the courts of law, equity, or otherwise ONLY in the Territory, that asserts that Company’s use of a Cloud Service (or component parts thereof, but not Open Source Software) provided hereunder directly infringes any patent, copyright, or trademark of such third party, or makes unlawful use of a trade secret of such third party; provided, however, the term IP Claim will not include and Trend Micro will have no obligation hereunder unless each and every third party allegation or assertion is specifically made against such Cloud Service alone. In addition, the term IP Claim will not include, and Trend Micro will have no obligation under Section 10 or otherwise with respect to, any suit, claim, cause of action, or other legal proceeding arising out of, based on, or related to the following: (a) any use of Cloud Service by Company that is NOT in accordance with these Terms of Service, its Service Description, or Applicable Laws; (b) Company Data and/or other materials that Company provides or makes available in connection with its use of Cloud Service; (c) any redistribution of Cloud Service, or use of Cloud Service for the benefit of any third party not specifically permitted herein; (d) any use of a version of any Enabling Software that has been superseded and made available to Company, if the IP Claim would have been avoided by using an unaltered current version of such Enabling Software; (e) any Open Source Software; or (f) any third party allegation or assertion made against a Cloud Service (or any output thereof) that involves use of such Cloud Service by Company in combination with any other software, service, business process, or technology not provided by Trend Micro or not specified as being required by the applicable Service Description where the IP Claim would not have arisen or would have been avoided but for such combination.

IP Claim is defined in clause 9.4. “Licence” is defined in clause 4.1.