CLAIMS OF INFRINGEMENT. 11.1. If a third party asserts a claim against Licensee or its Related Parties alleging that their possession or use of the Licensed Materials in compliance with the Agreement infringes an intellectual property right of a third party that arises or is enforceable under the laws of the United States or, if in Xxxxxx Mae's opinion such a claim is likely to be made, Xxxxxx Mae may at its option and expense, (a) procure for Licensee the right to continue to access and use the Licensed Materials, (b) replace the Licensed Materials to avoid infringement, (c) modify the Licensed Materials to avoid infringement, or (d) terminate the relevant license(s) and Schedule(s) without Xxxxxx Xxx having any liability to Licensee relating to such termination. THE PROVISIONS IN THIS SECTION 11 ARE LICENSEE'S SOLE AND EXCLUSIVE REMEDIES AND XXXXXX MAE'S SOLE LIABILITIES AND OBLIGATIONS FOR ANY CLAIMS BROUGHT AGAINST LICENSEE OR ITS RELATED PARTIES ALLEGING INTELLECTUAL PROPERTY INFRINGEMENT.
CLAIMS OF INFRINGEMENT. If you believe that any content appearing in this Game infringes your copyright rights, we at WB Games want to hear from you. Please forward the following information in writing to the Copyright Agent at xxxxx@xx.xxx:
1. your name, address, telephone number, and e-mail address;
2. a description of the copyrighted work that you claim has been infringed;
3. the exact URL or a description of each place where alleged infringing material is located;
4. a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
5. your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
6. a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.
CLAIMS OF INFRINGEMENT. If you believe that any content appearing on this Site infringes your copyright rights, please forward the following information in writing to the address listed below:
a) Your name, address, telephone number, and e-mail address;
b) A description of the copyrighted work that you claim has been infringed;
c) The exact URL or a description of each place where alleged infringing material is located;
d) A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
e) Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
f) A statement by you made under penalty of xxxxxxx, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf. JobsOhio 00 X. Xxxx Xxxxxx, Xxxxx 0000 Columbus, OH 43215 JobsOhio seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.
CLAIMS OF INFRINGEMENT. Each Party will defend, at its expense, any action (or portion thereof) brought against the other Party based solely on a claim that the First Party's Components infringe upon a United States copyright or violate the trade secret rights of any third party. Each Party will indemnify and hold harmless the other Party against damages and costs including reasonable attorneys' fees, penalties and interest finally awarded against such Party in such actions directly attributable to such claims. Neither Party shall be obligated to indemnify any claim of infringement if such infringement arises out of the use or combination of the First Party's Components with the other Party's Software.
CLAIMS OF INFRINGEMENT. Licensee will give IFMA written notice of any claim brought against Licensee for patent, trademark or copyright infringement or misappropriation of trade secrets or related claims by reason of Licensee's license from IFMA or Licensee's use of the IFMA Proprietary Information and/or IFMA Intellectual Property hereunder, within ten (10) days from the date it first learns of such claim by lawsuit or otherwise.
a. IFMA shall indemnify, defend and hold harmless from claims made against Licensee of infringement, misappropriation or related claims, provided that Licensee has given IFMA the notice required herein, that is in full compliance with this Agreement, and further provided that cooperates fully with IFMA in the defense of the claims by providing evidence, witnesses and other assistance reasonably requested by IFMA. In the event that Licensee invokes such indemnity, it shall be bound by IFMA's decisions with respect to the defense, trial and/or settlement of the action. If judgment or settlement made by IFMA so provides, Licensee agrees to permit IFMA in IFMA's sole discretion, and as Licensee's exclusive recourse, to replace the infringing material with non-infringing material serving the same purposes, to modify the infringing material so that it is not infringing, or to remove the infringing material. Licensee's remedies against IFMA for patent, trademark or copyright infringement claims hereunder shall be limited exclusively to the provisions of this Paragraph.
b. Licensee shall indemnify, defend and hold harmless IFMA from all costs and damages of any kind for claims of infringement and/or misappropriation of trade secrets, of whatever kind, arising out of designs, drawings, specifications, translated material, and/or data supplied by or on behalf of; and/or for claims arising out of modifications to the IFMA Proprietary Information and/or IFMA Intellectual Property made by Licensee or third parties following delivery of same by IFMA; and or for claims arising out of 's and/or a third party's use or application of the IFMA Proprietary Information and/or IFMA Intellectual Property in a manner that does not strictly comply with this Agreement.
c. Licensee shall give IFMA prompt written notice of any claim which IFMA may have against third parties for patent, trademark or copyright infringement or misappropriation of trade secrets. Licensee shall cooperate fully with IFMA in the prosecution of claims against third parties for patent, trademark or copyrig...
CLAIMS OF INFRINGEMENT. CaringCent respects Your copyrights and other intellectual property rights and those of other third parties. If You believe in good faith that Your copyrighted work has been reproduced on the Platform without Your authorization in a way that constitutes copyright infringement, You may notify our designated copyright agent by mail to:
CLAIMS OF INFRINGEMENT. Clipper Controls shall have no duty to defend, indemnify, or hold harmless Buyer from and against any or all damages and cost incurred by Buyer arising from the infringement of patents or trademarks or the violation of copyrights by Products.
CLAIMS OF INFRINGEMENT. If any product or service becomes, or in the Vendor’s opinion is likely to become, the subject of a claim of infringement, the Vendor shall, at its sole expense: (i) provide the Host Agency and Participating Jurisdictions the right to continue using the product or service; or (ii) replace or modify the product or service so that it becomes non-infringing; or (iii) if none of the foregoing alternatives are possible even after Vendor’s commercially reasonable efforts, in addition to other available legal remedies, the Host Agency and Participating Jurisdictions will have the right to return the product or service and receive a full or partial refund of an amount equal to the value of the returned product or service, less the unpaid portion of the purchase price and any other amounts, which may be due to the Vendor. Vendor will return to Host Agency and each of the other Participating Jurisdictions their respective data and proprietary information at no charge prior to any return of the product or termination of service.
CLAIMS OF INFRINGEMENT. If the practice by GenVec of the license granted herein results in any claim of infringement of an intellectual property right of third party against GenVec, GenVec shall have the exclusive right to defend any such claim, suit or proceeding, at its own expense, by counsel of its own choice and shall have the sole right and authority to settle any such suit; provided, however, Pitt shall cooperate with GenVec, at GenVec's reasonable request, in connection with the defense of such claim. GenVec shall be entitled to offset any costs and expenses (including attorneys and professional fees) incurred in connection with any such proceeding against any amounts it would otherwise owe Pitt under Article 4, up to a maximum of * of such amounts.
CLAIMS OF INFRINGEMENT. Maritz respects your copyrights and other intellectual property rights and those of other third parties. If you believe in good faith that your copyrighted work has been reproduced on the Platform without your authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent by mail to:
