Against Infringement Sample Clauses

Against Infringement. You represent and warrant to us that you hold the necessary rights to use, or permit to use, any item used through our Services, and that such use will not in any way: (i) violate or potentially violate any right of any third party, including, without limitation, infringement or misappropriation of any copyright, patent, trademark, trade secret, or other proprietary right; (ii) constitute or potentially constitute violations, such as, without limitation, false advertisement, unfair competition, defamation, invasion of privacy, invasion of rights, and discrimination; (iii) cause or potentially cause a business dispute, personal dispute, or any other dispute; (iv) be or potentially be unlawful, harmful, fraudulent, libelous, slanderous, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or otherwise offensive; (v) be or potentially be racially, ethnically, disputatiously, argumentatively, or ethically objectionable; or (vi) encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law, including, without limitation, local, provincial, state, national, international, or other laws.
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Against Infringement. In the event a claim is brought by a third party alleging that the Products infringe any patent, copyright or any other intellectual property right of that third party, the Party having supplied the infringing module shall defend and settle the claim and indemnify and hold the other Party harmless from any fees, expenses or damages that may be incurred or awarded as consequence of such claim.
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Against Infringement. Itamar hereby warrants to you that to its knowledge the Licensed Software does not infringe any third party owned patent registered in the UK. As to Licensed Software. Itamar warrants that for a period of ninety (90) days from the date of delivery of the Licensed Software to you, the Licensed Software will, under normal use, will perform substantially in accordance with its technical specifications. If during such ninety (90) day period, the Licensed Software does not perform substantially in accordance with its technical specifications, Itamar shall as sole and exclusive remedy (a) attempt to correct or assist you around errors with efforts which Itamar believes suitable to the problem, (b) replace the Licensed Software with a functionally equivalent software, or (c) issue a credit for the purchase price of the Licensed Software, with the choice to correct or assist, replace or credit being within the sole discretion of Itamar. The foregoing correct or assist, replacement or credit remedy will be your sole remedy for breach of the warranty set forth in this Section 4. Limitation of Warranties. The warranty contained in Section 4.2 above does not cover damage to the Licensed Software caused by accident, misuse, abuse, negligence, failure to install in accordance with this License Agreement or Itamar’s installation instructions, failure to operate under conditions of normal use and in accordance with the terms of the documentation accompanying the Licensed Software, defects discovered in any component of the Licensed Software that has been modified, altered, or enhanced other than by Itamar, failure to maintain in accordance with applicable documentation accompanying the Licensed Software, alteration or any defects not related to materials or workmanship. While every reasonable effort has been made to ensure that you will receive Licensed Software that you can use, Itamar does not warrant that the functions of the Licensed Software will meet your requirements or that the operation of the Licensed Software will be uninterrupted or error free. Itamar is not responsible for problems caused by changes in the operating characteristics of the hardware or operating system software you are using, nor for any problems in the interaction of the Licensed Software with non-Itamar software. ITAMAR HEREBY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITH RESPECT TO THE LICENSED SOFTWARE, ALL OTHER WARRANTIES, TERMS, CONDITIONS AND UNDERTAKINGS, WHETHER EX...
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Against Infringement. Itamar hereby warrants to you that to its knowledge the Licensed Software does not infringe any third party owned patent registered in the US.
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Related to Against Infringement

  • No Infringement To the best of the Company's knowledge, the Company has not violated or infringed and is not currently violating or infringing, and the Company has not received any communications alleging that the Company (or any of its employees or consultants) has violated or infringed, any Intellectual Property of any other person or entity, to the extent that any such violation or infringement, either individually or together with all other such violations and infringements, would have a Material Adverse Effect.

  • Infringement If during the term of this Agreement, either party becomes aware of a third party infringement or threatened infringement of any Licensed Patents, the following provisions shall apply: (a) Introgen shall have the right, but not the obligation, to bring suit (itself or through a designee) to enforce the Licensed Patents, and/or to defend any declaratory judgment action with respect thereto, in each case with respect to the manufacture, sale or use of a product within the Field; provided, however, that Introgen shall keep Corixa reasonably informed as to the defense and/or settlement of such action. Corixa shall have the right to participate in any such action with counsel of its own choice at its own expense. Without limiting the provisions of Section 7.3 below, Corixa agrees to cooperate with Introgen with respect to actions brought by Introgen under this Section 7.2(a) at Introgen’s request and expense. If Introgen decides to undertake such suit, then any amounts received by Introgen in such Action with respect to infringement that occurred prior to the judgment awarding such amounts shall be included, after deducting the costs incurred by Introgen in connection with such Action, in Annual Net Sales hereunder. (b) If Introgen elects not to so initiate an action to enforce the Licensed Patents against a commercially significant infringement by a Third Party within the Field, within one hundred eighty (180) days of a request by Corixa to do so, Corixa may initiate such action at its expense; provided, however, that Corixa shall keep Introgen reasonably informed as to the defense and/or settlement of such action, as requested from time to time by Introgen, and provided that there is not then ongoing a litigation in any country with respect to the Licensed Technology. Introgen shall have the right to participate in any such action with counsel of its own choice at its own expense. Introgen agrees to cooperate with Corixa with respect to actions brought by Corixa under this Section 7.2(b) at Corixa’s request and expense. If Corixa undertakes such suit, then, after deducting the costs incurred by Corixa in connection with such Action, Introgen shall be entitled to receive [***] ([***]%) of any amounts received by Corixa in such action. (c) Upon Introgen’s reasonable request, Corixa agrees to use reasonable efforts, including, but not limited to, with respect to the exercise of rights under the Columbia Agreement (as defined in Section 10.1) to cause Columbia (as defined in Section 10.1) to cooperate in any suit, action or other proceeding under this Section 7.2, at Introgen’s expense. *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions

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