Common use of Intellectual Property Rights Infringement Clause in Contracts

Intellectual Property Rights Infringement. Entco will defend and/or settle any claims against Customer that allege that an Entco-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Entco will rely on Customer’s prompt notification of the claim and cooperation with our defense. Entco may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre- paid amount or, for professional services, the amount paid. Entco is not responsible for claims resulting from any unauthorized use of the products or services. This section shall also apply to deliverables identified as such in the relevant Support Material except that Entco is not responsible for claims resulting from deliverables content or design provided by Customer.

Appears in 5 contracts

Samples: Entco Customer Terms, Entco Customer Terms, Entco Customer Terms

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Intellectual Property Rights Infringement. Entco Entcorp will defend and/or settle any claims against Customer that allege that an EntcoEntcorp-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Entco Entcorp will rely on Customer’s prompt notification of the claim and cooperation with our defense. Entco Entcorp may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre- pre-paid amount or, for professional services, the amount paid. Entco Entcorp is not responsible for claims resulting from any unauthorized use of the products or services. This section shall also apply to deliverables identified as such in the relevant Support Material except that Entco Entcorp is not responsible for claims resulting from deliverables content or design provided by Customer.

Appears in 5 contracts

Samples: Entcorp Customer Terms, Entcorp Customer Terms, Entcorp Customer Terms

Intellectual Property Rights Infringement. Entco will defend and/or settle any claims against Customer that allege that an Entco-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Entco will rely on Customer’s prompt notification of the claim and cooperation with our defense. Entco may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre- pre-paid amount or, for professional services, the amount paid. Entco is not responsible for claims resulting from any unauthorized use of the products or services. This section shall also apply to deliverables identified as such in the relevant Support Material for except that Entco is not responsible for claims resulting from deliverables content or design provided by Customer.

Appears in 3 contracts

Samples: Entco Customer Terms, Entco Customer Terms, www.microfocus.com

Intellectual Property Rights Infringement. Entco will defend and/or settle any claims against Customer that allege that an Entco-branded software product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Entco will rely on Customer’s prompt notification of the claim and cooperation with our defense. Entco may modify the software product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected software product in the first year or the depreciated value thereafter or, for support services, the balance of any pre- pre-paid amount or, for professional services, the amount paid. Entco is not responsible for claims resulting from any unauthorized use of the software products or services. This section shall also apply to deliverables identified as such in the relevant Support Material except that Entco is not responsible for claims resulting from deliverables content or design provided by Customer.

Appears in 3 contracts

Samples: Entco Customer Terms Software, Entco Customer Terms Software, Entco Customer Terms Software

Intellectual Property Rights Infringement. Entco EntIT will defend and/or settle any claims against Customer that allege that an EntcoEntIT-branded software product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Entco EntIT will rely on Customer’s prompt notification of the claim and cooperation with our defense. Entco EntIT may modify the software product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected software product in the first year or the depreciated value thereafter or, for support services, the balance of any pre- pre-paid amount or, for professional services, the amount paid. Entco EntIT is not responsible for claims resulting from any unauthorized use of the software products or services. This section shall also apply to deliverables identified as such in the relevant Support Material except that Entco EntIT is not responsible for claims resulting from deliverables content or design provided by Customer.

Appears in 2 contracts

Samples: Entit Customer Terms Software, Entit Customer Terms Software

Intellectual Property Rights Infringement. Entco Entcorp will defend and/or settle any claims against Customer that allege that an EntcoEntcorp-branded software product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Entco Entcorp will rely on Customer’s prompt notification of the claim and cooperation with our defense. Entco Entcorp may modify the software product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected software product in the first year or the depreciated value thereafter or, for support services, the balance of any pre- pre-paid amount or, for professional services, the amount paid. Entco Entcorp is not responsible for claims resulting from any unauthorized use of the software products or services. This section shall also apply to deliverables identified as such in the relevant Support Material except that Entco Entcorp is not responsible for claims resulting from deliverables content or design provided by Customer.

Appears in 2 contracts

Samples: Entcorp Customer Terms Software, www.microfocus.com

Intellectual Property Rights Infringement. Entco will defend and/or settle any claims against Customer that allege that an Entco-branded software product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Entco will rely on Customer’s prompt notification of the claim and cooperation with our the defense. Entco may modify the software product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected software product in the first year or the depreciated value thereafter or, for support services, the balance of any pre- pre-paid amount or, for professional services, the amount paid. Entco is not responsible for claims resulting from any unauthorized use of the software products or services. This section shall also apply to deliverables identified as such in the relevant Support Material except that Entco is not responsible for claims resulting from deliverables content or design provided by Customer.

Appears in 1 contract

Samples: Entco Customer Terms Software

Intellectual Property Rights Infringement. Entco will defend and/or settle any claims against Customer that allege that an Entco-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Entco will rely on Customer’s prompt notification of the claim and cooperation with our defense. Entco may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre- paid amount or, for professional services, the amount paid. Entco is not responsible for claims resulting from any unauthorized use of the products or services. This section shall also apply to deliverables identified as such in the relevant Support Material for except that Entco is not responsible for claims resulting from deliverables content or design provided by Customer.

Appears in 1 contract

Samples: Entco Customer Terms

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Intellectual Property Rights Infringement. Entco EntIT will defend and/or settle any claims against Customer that allege that an EntcoEntIT-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Entco EntIT will rely on Customer’s prompt notification of the claim and cooperation with our defense. Entco EntIT may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre- paid amount or, for professional services, the amount paid. Entco EntIT is not responsible for claims resulting from any unauthorized use of the products or services. This section shall also apply to deliverables identified as such in the relevant Support Material except that Entco EntIT is not responsible for claims resulting from deliverables content or design provided by Customer.

Appears in 1 contract

Samples: Entit Customer Terms

Intellectual Property Rights Infringement. Entco EntIT will defend and/or settle any claims against Customer that allege that an EntcoEntIT-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Entco EntIT will rely on Customer’s prompt notification of the claim and cooperation with our defense. Entco EntIT may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre- pre-paid amount or, for professional services, the amount paid. Entco EntIT is not responsible for claims resulting from any unauthorized use of the products or services. This section shall also apply to deliverables identified as such in the relevant Support Material except that Entco EntIT is not responsible for claims resulting from deliverables content or design provided by Customer.

Appears in 1 contract

Samples: Entit Customer Terms

Intellectual Property Rights Infringement. Entco will defend and/or settle any claims against Customer that allege that an Entco-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Entco will rely on Customer’s prompt notification of the claim and cooperation with our the defense. Entco may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre- paid amount or, for professional services, the amount paid. Entco is not responsible for claims resulting from any unauthorized use of the products or services. This section shall also apply to deliverables identified as such in the relevant Support Material except that Entco is not responsible for claims resulting from deliverables content or design provided by Customer.

Appears in 1 contract

Samples: Entco Customer Terms

Intellectual Property Rights Infringement. Entco will defend and/or settle any claims against Customer that allege that an Entco-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Entco will rely on Customer’s prompt notification of the claim and cooperation with our defense. Entco may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre- pre-paid amount or, for professional services, the amount paid. Entco is not responsible for claims resulting from any unauthorized use of the products or services. This section shall also apply to deliverables identified as such in the relevant Support Supporting Material except that Entco is not responsible for claims resulting from deliverables content or design provided by Customer.

Appears in 1 contract

Samples: Entco Customer Terms

Intellectual Property Rights Infringement. Entco will defend and/or settle any claims against Customer that allege that an Entco-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Entco will rely on Customer’s prompt notification of the claim and cooperation with our the defense. Entco may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre- pre-paid amount or, for professional services, the amount paid. Entco is not responsible for claims resulting from any unauthorized use of the products or services. This section shall also apply to deliverables identified as such in the relevant Support Material except that Entco is not responsible for claims resulting from deliverables content or design provided by Customer.

Appears in 1 contract

Samples: Entco Customer Terms

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