Third Party Intellectual Property Infringement. Verizon respects the intellectual property rights of third parties. Accordingly, you may not store any material or use Verizon's systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including, for example, under copyright law. Pursuant to Section 512 of the Digital Millennium Copyright Act, it is Verizon’s policy to terminate the account of repeat copyright infringers in appropriate circumstances. In addition, Verizon expressly reserves the right to suspend, terminate or take other interim action regarding the Service of any Subscriber or account holder if Verizon, in its sole judgment, believes that circumstances relating to an infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights Verizon may have under law or contract.
Third Party Intellectual Property Infringement. Indemnification in Germany or Austria. Section 4 is supplemented by the following additional sentence: CUSTOMER’S STATUTORY CLAIMS FOR DAMAGES SHALL REMAIN UNAFFECTED, PROVIDED, HOWEVER; THAT ANY SUCH CLAIMS SHALL BE LIMITED BY THE LIMITATION OF LIABILITY AS SET FORTH HEREUNDER. SECTION 1 OF THIS ADDENDUM AND SECTION 5 OF THE AGREEMENT STATE QLIK’S SOLE AND ENTIRE OBLIGATION AND LIABILITY, AND CUSTOMER’S SOLE AND EXCLUSIVE RIGHT AND REMEDY, FOR INFRINGEMENT OR VIOLATION OF INTELLECTUAL PROPERTY RIGHTS.
Third Party Intellectual Property Infringement. 7.1 Company agrees to defend, at its expense, any suit against Customer based upon a claim that any Software licensed to Customer under this Agreement infringes any intellectual property right including patent or copyright, and to pay any settlement, or any damages finally awarded in any such suit.
Third Party Intellectual Property Infringement. IN THE EVENT THAT THE PRODUCTS INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, NOVAVAX’S SOLE OBLIGATION AND LIABILITY AND BUYER’S SOLE REMEDY IS EXPRESSLY LIMITED TO NOVAVAX REFUNDING TO CUSTOMER ANY AMOUNTS PAID FOR THE INFRINGING PRODUCT. IN THE EVENT OF SUCH INFRINGEMENT, CUSTOMER WILL, AT NOVAVAX’S REQUEST, RETURN THE INFRINGING PRODUCT TO NOVAVAX, AT NOVAVAX’S COST. 11.
Third Party Intellectual Property Infringement. Company agrees to defend, at its expense, any suit against Customer based upon a claim that any Subscription Services or Software provided to Customer under this Agreement infringes any patent or copyright recognised by one of the signatories to the Berne Convention, and to pay any settlement, or any damages finally awarded in any such suit. Company’s obligations under this Section shall not be effective unless Customer notifies Company in writing of any claim or threatened or actual suit within ten (10) days of knowledge thereof and Customer gives full control of the defence and settlement, along with Customer’s full co-operation, to Company. Company may, at its own expense and sole discretion: (i) procure for Customer the right to continue to use the licensed Subscription Services and/or Software; (ii) make the licensed Subscription Services and/or Software non-infringing; or (iii) terminate the Subscription Services and/or Software and refund any Subscription Service fees received from Customer for any un-used period pro-rata from the date termination is effective from the date of the alleged infringement and subject to three-year straight line depreciation. Company shall have no liability for any claim based on: (i) Customer's use of the licensed Software and/or Subscription Services other than in accordance with the rights granted under this Agreement; (ii) Customer's combination of the licensed Software or Subscription Services with any other equipment or software not provided by Company, where such infringement would not have occurred but for such combination; or (iii) intellectual property rights owned by Customer or any of its affiliates. This Section states Customer's sole remedy and Company’s exclusive liability in the event that Customer's use of any Subscription Services provided under this Agreement infringes on the intellectual property rights of any third party.
Third Party Intellectual Property Infringement. KBS respects the intellectual property rights of others, and we ask you to do the same. KBS may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide KBS’s designated agent the following information: • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted and/or trademarked work claimed to have been infringed or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site. • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at this Site, and information reasonably sufficient to permit KBS to locate the material. • Information reasonably sufficient to permit KBS to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. KBS’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows: KBS 000 Xxxxxxx Xxxxxx Xxxxx Xxxxx 000 Newport Beach, CA 92660 xx@xxxxxxxxx.xxx or (855) 434-4527Please also note that for copyright infringements under Section 512(f) of the Copyright Act of 1976, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Submitting a Digital Millennium Copyright Act (“DMCA”) Counter-Notification We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to KBS’s designated agent that includes ...
Third Party Intellectual Property Infringement. Indemnification for Authorized Users in Germany or Austria. If Authorized User usually resides in Germany or Austria then Section 5.2 is supplemented by the following additional sentence: CUSTOMER’S STATUTORY CLAIMS FOR DAMAGES SHALL REMAIN UNAFFECTED, PROVIDED, HOWEVER; THAT ANY SUCH CLAIMS SHALL BE LIMITED BY THE LIMITATION OF LIABILITY AS SET FORTH HEREUNDER. Table 1 Governing Law and Venue If the Customer’s location is not specified below, then the contracting entity shall be QlikTech International Markets AB, with the applicable Governing Law and Arbitration as stated below. Customer Location Qlik Contracting Entity Governing Law Any countries not specifically identified in this Table 1 QlikTech International Markets AB (i) the Governing Law shall be the laws of Sweden; and (ii) any suit, action or proceeding arising out of or relating to this Agreement (including any non-contractual dispute or claim) will be settled by arbitration at the Arbitration Institute of the Stockholm Chamber of Commerce† in Stockholm.
Third Party Intellectual Property Infringement. In the event that Product is found to infringe any third party Intellectual Property Rights, the Parties will discuss in good faith potential solutions to permit the ongoing supply of Product by Novavax and use by Customer. 10.
Third Party Intellectual Property Infringement. 18.1 If the Services or any component thereof becomes, or in XY Locate reasonable opinion is likely to become, the subject of an Intellectual Property infringement claim or proceeding, XY Locate shall use reasonable efforts to secure the right to continue providing the Services and/or for “The End User” to continue using the Services. In the event that despite reasonable efforts, this cannot be accomplished by XY Locate, XY Locate shall discontinue the affected part of the Services and XY Locate charges shall be equitably reduced to reflect the reduction in the value of the Services to “The End User” provided that the aforementioned remedies shall be “The End User” sole remedies in respect of any such Intellectual Property infringement claim.
