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.

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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

• As used in this Agreement “Claim” means any IP Claim or Other Claim.

• Customer will promptly notify Company of any IP Claim and cooperate with Company in defending the IP Claim.

• If an IP Claim is commenced against Licensee or is in the judgment of AgileCraft likely or Licensee’s use of the Software is enjoined, AgileCraft may, at AgileCraft's option, (a) modify or replace the Software so that it performs comparable functions without infringement; or (b) obtain a royalty-free license for Licensee to use the Software.

• Company will defend Customer against any third-party claim alleging that any of the Services infringe upon any patent or copyright, or violates a trade secret of any such third-party (“IP Claim”), and will indemnify Customer againt any Company reasonable attorney’s fees, court costs, and damages finally awarded, or agreed to by Company in settlement with respect to any IP Claim.

• Company will have full control and authority over the defense and settlement of any IP Claim, except that any settlement requiring Customer to admit liability requires prior written consent, not to be unreasonably withheld or delayed.

More Definitions of IP Claim

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 third party claim or allegation that Our receipt or use of any of the Deliverables or Services infringes the Intellectual Property Rights, Moral Rights or other proprietary right of any third party; "Laws" includes statutory laws, ordinances, regulations, by laws and lawful requirements or directions made under or arising from or through those items, and any conditions of a licence, permit or the like issued under a statute or other law;

IP Claim as defined in clause 13.1.1

IP Claim shall have the meaning set forth in Section 8.2.

IP Claim means a Claim involving or relating to a breach of any IP Warranty or under the IP Indemnity;

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