By Terayon Sample Clauses

By Terayon. Terayon represents, warrants and covenants: ----------- (a) that manufacture, use, sale, offer for sale, import, reproduction, modification or creation of derivative works of the Terayon Technology does not and will not misappropriate, violate or infringe the property rights of any third party in the Terayon Technology (including, without limitation, trade secret rights, copyright rights, patent rights and mask work rights); (b) to comply with good business practices and all applicable laws and regulations and to represent Cisco products and technology in a professional manner in accordance with the highest standards in the computer networking industry, including, without limitation, accurately representing the features and functionality of Cisco products and technology in Terayon's marketing, promotional, distribution and sales activities; and (c) not to initiate any proceeding against Cisco based upon an allegation that Cisco's exercise of its rights or license hereunder infringe Terayon's intellectual property or proprietary rights in the Terayon Technology.
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