A By Advanta Sample Clauses

A By Advanta. Advanta represents, warrants and covenants to Supplier that: a. it shall perform its obligations hereunder in a manner that does not, and shall not, infringe upon or violate, or constitute a misappropriation of, any patent, copyright, trademark, trade secret, license, or other intellectual property rights or other rights of any third party. b. Advanta shall and shall cause the Service Recipients to comply with all third party agreements applicable to the receipt of the Services, including, all of the terms and conditions for use of Supplier-Provided Software and Third Party Software provided by the Supplier. c. Advanta is either the owner of, or expressly authorized to use for purposes of this Agreement, all Advanta-Provided Software and any other software that is provided or used, or shall be provided or used, by Advanta in connection with this Agreement. d. Advanta has or will have obtained all necessary consents from its vendors of Advanta-Provided Third-Party Software, and no proprietary Advanta-Provided Software (i.e., software in which Advanta owns the intellectual property rights) that is provided by or on behalf of Advanta during the Term shall, to Advanta’s actual knowledge, infringe upon or violate, or constitute a misappropriation of, any patent, copyright, trademark, trade secret, license, or other intellectual property rights or other rights of any third party.