Software and Intellectual Property. (i) Each of the parties hereto represents and warrants to the other that, with respect to all software and other intellectual property in connection with the Services or otherwise required to be furnished pursuant to this Agreement (collectively, the "Intellectual Property"), each either owns the Intellectual Property furnished by it or is fully authorized to deliver the Intellectual Property and to allow the Intellectual Property to be used in connection with the Interface, as contemplated by this Agreement. Should any claim be raised by any third party that the use of any of the Intellectual Property or the delivery of any of the Intellectual Property in connection with this agreement constitutes infringement of any patent, copyright, license or other property right (a "Claim"), the party furnishing such Intellectual Property shall, at its expense, defend any such Claim in accordance with the provisions of Section 23 of this Agreement. Should either party be temporarily or permanently enjoined from using any of the Intellectual Property as a result of any Claim, the other party, at its option and own expense, shall either procure the right to continue to use the Intellectual Property free from any Claim or replace or modify the offending Intellectual Property so that its use becomes non-infringing, within fifteen (15) days of the date on which it receives notice of the claim (either such corrective action being referred to herein as a "Correction"). If a Correction is not accomplished, the party who furnished the Intellectual Property resulting in the Claim shall be deemed to be in default of this Agreement, and in such event, Sections 25, 27 and 28 of this Agreement shall control; provided, however, that the fifteen (15) day period specified above shall be deemed to be the applicable cure period under Section 25, and once that fifteen (15) day period has expired without a Correction having occurred, the applicable cure period under Section 25 shall be deemed to have expired. Without limiting Article 23 of this Agreement, the party who furnished the Intellectual Property resulting in the Claim shall also be obligated to indemnify the other party for any of its losses (such losses being Pegasus' Losses or HHC's Losses, as the case may be, as defined in Section 23 hereof) in connection with any Claim for which a Correction is not made within such fifteen (15) day period, in accordance with this Article 22(i).
Software and Intellectual Property. Masergy may make certain software available to Customer in connection with its Services (“the Software”). Customer’s use of this Software is subject to any software license terms that Customer may be required to consent to as a condition to using the Software. CUSTOMER ACKNOWLEDGES THAT MASERGY AND MASERGY’S THIRD-PARTY SOFTWARE SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THOSE ARISING FROM COURSE OF DEALING AND USAGE OF TRADE WITH RESPECT TO ANY SOFTWARE.
Software and Intellectual Property. Masergy may make certain software available to Customer in connection with its Services (“the Software”). Customer’s use of this Software is subject to any software license terms that Customer may be required to consent to as a condition to using the Software.
Software and Intellectual Property. Each of the parties hereto represents and warrants to the other that, with respect to all software and other intellectual property in connection with the operation of the Interface furnished or required to be furnished pursuant to this Agreement (collectively, the "Intellectual Property"), each either owns the Intellectual Property furnished by it or is fully authorized to deliver the Intellectual Property and to allow the Intellectual Property to be used in connection with the Interface, as con templated by this Agreement. Should any claim be raised by any third party that the use of any of the Intellectual Property or the delivery of any of the Intellectual Property in connection with this agreement constitutes infringement of any patent, AGREED to this 16th day of August, 1995. THE HOTEL INDUSTRY SWITCH CHOICE HOTELS INTERNATIONAL, INC. COMPANY By: /s/ JOHN X. XXXXX, XXI By: /s/ JAMEX X. XXXXXX ------------------------------ ----------------------------------- John X. Xxxxx, XXI (name) Jamex X. Xxxxxx President -------------------------------- (title) Senior Vice President, Reservations and Information Systems -------------------------------
Software and Intellectual Property. Masergy may make certain Software available to Customer in connection with its CC Service. Customer’s use of this Software is subject to any software license terms that Customer may be required to consent to as a condition to using the Software. CUSTOMER ACKNOWLEDGES THAT MASERGY AND MASERGY’S THIRD- PARTY SOFTWARE SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THOSE ARISING FROM COURSE OF DEALING AND USAGE OF TRADE WITH RESPECT TO ANY SOFTWARE.
Software and Intellectual Property. 11.1 Where Software is installed on the Equipment, you agree that you have no ownership of this Software and all intellectual property rights in such Software remain with us at all times. You simply have a non-exclusive, non-transferrable licence to use the Software solely in connection with the Equipment for the Term, subject to you complying with your obligations under this Agreement.
Software and Intellectual Property. Each of the parties hereto represents and warrants to the other that, with respect to all software and other intellectual property in connection with the operation of the Interface furnished or required to be furnished pursuant to this Agreement (collectively, the "Intellectual Property"), each either owns the Intellectual Property furnished by it or is fully authorized to deliver the Intellectual Property and to allow the Intellectual Property to be used in connection with the Interface, as con templated by this Agreement. Should any claim be raised by any third party that the use of any of the Intellectual Property or the delivery of any of the Intellectual Property in connection with this agreement constitutes infringement of any patent, copyright, license or other property right (a "Claim"), the party furnishing such Intellectual Property shall, at its expense, defend any such Claim in accordance with the provisions of Section 8.1 of this Agreement. Should either party be temporarily or permanently enjoined from using any of the Intellectual Property as a result of any Claim, the other party, at its option and own expense, shall either procure the right to continue to use the Intellectual Property free from any Claim or replace or modify the offending Intellectual Property so that its use becomes AGREED to this 4th day of January, 1996. THE HOTEL INDUSTRY SWITCH HFS INCORPORATED COMPANY By: /s/ JOHN X. XXXXX, XXI By: /s/ MICHXXX X. XXXXXXX ------------------------------ ---------------------------------- John X. Xxxxx, XXI (name) Michxxx X. Xxxxxxx President ------------------------------- (title) Vice President MIS -------------------------------
Software and Intellectual Property and organization” copyright suits. Moreover, market changes, like the almost-hundredfold increase in PC use since CONTU, make the financial stakes much higher.
Software and Intellectual Property. NLAD warrants that (i) the Products will not incorporate any misappropriated trade secret; (ii) NLAD has the authority to grant the licenses as provided herein; and (iii) the Software will operate substantially in accordance with the Requirements Specifications and User Manuals provided by NLAD to Purchaser, although no warranty is made that the Software (and therefore the Products) will operate uninterrupted or error- free.
Software and Intellectual Property. Broadcore may make certain software available to Customer in connection with its services (the “Software”). Customer’s use of this Software is subject to any software license terms that Customer is required to consent to as a condition to using the Software. CUSTOMER ACKNOWLEDGES THAT BROADCORE AND BROADCORE’S THIRD-PARTY SOFTWARE SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THOSE ARISING FROM COURSE OF DEALING AND USAGE OF TRADE WITH RESPECT TO ANY SOFTWARE.
