Seller Technology definition
Examples of Seller Technology in a sentence
Any rights to or under Seller's Intellectual Property Rights, Seller Technology or Seller Software not expressly granted in this Agreement are expressly reserved.
In addition, 3Com will comply with Seller's reasonable instructions regarding the marking of the Device and accompanying packaging and documentation with a notice reflecting Seller's ownership of the Seller Technology.
Seller will have no liability or obligation to indemnify for any claim arising from (i) the combination of the Product with Buyer or third Party materials or intellectual property, unless, and only to the extent that, it is determined by a court of competent jurisdiction that the Product is the infringing element of such Claim; (ii) the modification or translation of the Product or any portion of the Seller Technology; or (iii) any Improvements created by a Party other than Seller.
If a final injunction is obtained against an IP Indemnitee for sale or use of the Product, or if Seller reasonably believes that such injunction is likely, Seller will, at its option and its expense, either (i) procure for IP Indemnitee the right to continue selling and/or using such Product as is applicable, or the infringing portions of the Seller Technology, or (ii) modify the Product so that it becomes non-infringing.
Schedule 5.15(e) also sets forth any other rights in or to any copyrights (registered or unregistered), rights in any other marks (registered or unregistered), other trade secret rights, and other intellectual property rights (including, without limitation, rights of enforcement), contained or embodied in Seller Technology and the Marks (collectively, the “IP Rights”) known to be owned by Seller.