Infringing item definition

Infringing item means the item that violates the copyright or trademark laws.
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Infringing item has the meaning given in Clause 37.7;
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Infringing item any item of the Hitachi Supplies that is, or that Hitachi considers is likely, in its sole determination to be, in whole or in part, the subject of an IP Claim.
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Examples of Infringing item in a sentence

  • If the Point Service, or a component thereof, becomes, or in Verifone’s opinion is likely to become, the subject of a claim of infringement (the “Infringing Item”), then Merchant shall permit Verifone, at its option and expense, either to (i) procure the right to continue using the Infringing Item, or (ii) replace or modify the Infringing Item so that they become non-infringing.

  • If Subscriber is unable to use the Services or a portion thereof (“Infringing Item”) because a court of competent jurisdiction issues a judgement from which no appeal is taken that, by providing the Software Services, Market Logics has infringed IP Rights of a third party, Market Logic may promptly, at its expense a) procure for Subscriber the right to continue using such Infringing Item; or b) replace or modify the Infringing Item so that it becomes non-infringing.

  • The Indemnifying Party will pay all damages finally awarded and settlement amounts entered into to the extent based upon an Infringing Item.

  • In the event of a claim of infringement, NextRequest shall, at its sole option and expense (a) procure for Customer the right to continue using the Infringing Item, (b) replace or modify the Infringing Item so that it is no longer infringing but continues to provide comparable functionality, or (c) terminate this Agreement and Customer’s access to the Service, in which case NextRequest shall refund a prorated amount of any amounts paid for which Service have not yet been received.

  • Prohibited Items Policy: We may change the Prohibited, Questionable & Infringing Item Policy from time to time.

  • In the event it is not commercially practicable for IronNet to achieve any of the foregoing alternatives, then IronNet may remove the Infringing Item and refund the cost or fee applicable thereto, and CUSTOMER may immediately terminate this Agreement or the relevant SOW without any further penalty or liability to IronNet.


More Definitions of Infringing item

Infringing item means the item that violates the copyright or trademark laws. "Uploading" means making an infringing item available on the Internet or a similar electronic
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Related to Infringing item

  • Infringement Claim means a third party claim alleging that the Equipment manufactured by Motorola or the Motorola Software directly infringes a United States patent or copyright.

  • Product Infringement has the meaning set forth in Section 9.4(a).

  • Infringement has the meaning set forth in Section 6.3(a).

  • Infringement Action has the meaning set forth in Section 9.6(b).

  • Competitive Infringement has the meaning set forth in Section 7.5.1.

  • Unlicensed person means any person who is not a licensed dealer under this chapter.

  • infringement notice has the meaning set forth in Section 7.4.1;

  • Valid Patent Claim means a claim of an issued and unexpired Patent which has not been disclaimed, revoked, held unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, and which has not been admitted to be invalid or unenforceable through reissue or disclaimer or otherwise.

  • Edible cannabis product means cannabis product that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. An edible cannabis product is not considered food, as defined by Section 109935 of the Health and Safety Code, or a drug, as defined by Section 109925 of the Health and Safety Code.

  • Defective Product has the meaning set forth in Section 5.2.

  • Third Party Infringement Claim has the meaning set forth in Section 6.4.

  • Licensed IP means the Intellectual Property owned by any person other than the Corporation and to which the Corporation has a license which has not expired or been terminated;

  • Licensed Patent means Stanford's rights in U.S. Patent Application, Serial Number , filed , any foreign patent application corresponding thereto, and any divisional, continuation, or reexamination application, extension, and each patent that issues or reissues from any of these patent applications. Any claim of an unexpired Licensed Patent is presumed to be valid unless it has been held to be invalid by a final judgment of a court of competent jurisdiction from which no appeal can be or is taken. “Licensed Patent” excludes any continuation-in-part (CIP) patent application or patent.

  • Product Patents means any Patent Controlled or owned by Quoin in the Territory that, absent the license in Section 2.1, would be infringed by the importation, sale, or use of the Product in the Territory by a third party.

  • Licensor Technology means the Licensor Patents, the Licensor Know-How, Licensor Materials, Product IP, and Licensor’s rights in the Program IP and Joint Patents.

  • third party proceeding means any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative, or investigative, other than an action by or in the right of the corporation.

  • Collaboration Patent Rights means Patent Rights claiming Collaboration Know-How.

  • Joint Patent means a Patent that claims a Joint Invention.

  • Third Party Infringement has the meaning set forth in Section 5.1.

  • Assigned Patent Rights means all of the following, whether now owned or hereafter acquired or arising:

  • Licensed person means an individual who is licensed or otherwise legally authorized to practice a professional service by a court, department, board, commission, or an agency of this state or another jurisdiction, any corporation or professional services corporation all of whose shareholders are licensed persons, any partnership all of whose partners are licensed persons, or any limited liability company all of whose members and managers are licensed persons.

  • Joint Patent Rights means all Patent Rights claiming a Joint Invention.

  • Licensed Patent Rights means:

  • Patent Right means: (a) an issued or granted patent, including any extension, supplemental protection certificate, registration, confirmation, reissue, reexamination, extension or renewal thereof; (b) a pending patent application, including any continuation, divisional, continuation-in-part, substitute or provisional application thereof; and (c) all counterparts or foreign equivalents of any of the foregoing issued by or filed in any country or other jurisdiction.

  • Patent Rights means the rights and interests in and to issued patents and pending patent applications (which, for purposes of this Agreement, include certificates of invention, applications for certificates of invention and priority rights) in any country or region, including all provisional applications, substitutions, continuations, continuations-in-part, divisions, renewals, all letters patent granted thereon, and all reissues, re-examinations and extensions thereof, and all foreign counterparts of any of the foregoing.

  • Developed IP means any Intellectual Property Rights that are conceived or reduced to practice, or otherwise created or developed, by or on behalf of a Party, its Affiliates or sublicensees, alone or together with one or more Third Parties, during the Term in connection with the Development, Manufacture, or use of the Compound or any Product.