CONFIDENTIAL INFORMATION AND INTELLECTUAL PROPERTY RIGHTS. 4.1 In connection with the supply of FUJIFILM Products and related activities contemplated hereunder including, but not limited to, the testing of Inks, and/or the integration of FUJIFILM Products into Customer products, the Parties may share their respective Confidential Information on a voluntary basis. In order to xxxxxx a constructive and solution-oriented environment, the Parties agree to define and handle Confidential Information disclosures and Intellectual Property Rights from and after the Effective Date in accordance with Schedule 3.
4.2 The Parties agree that any agreement between them in effect as of the Effective Date covering Confidential Information will remain in full force and effect, but shall only cover disclosures made prior to the Effective Date.
4.3 Customer will not use FUIFILM’s name, trademarks, logos or service marks or refer to FUIFILM or any of its affiliates directly or indirectly in any customer list, advertising, sales presentation, news release, release to any professional or trade publication or for any other purposes without FUIFILM’s prior written approval of such use and of the form and substance of the reference.
CONFIDENTIAL INFORMATION AND INTELLECTUAL PROPERTY RIGHTS. 3.1 The HT Prostate Parties hereby acknowledge and agree that all rights of the HT Prostate Parties in the Intellectual Property Rights created by any party to this Agreement in connection with the Study, or contributed by any party to this Agreement exclusively in connection with the Study, during the term of the Distribution Agreement shall vest exclusively in the EDAP Parties. In this Agreement, “Intellectual Property Rights” means all intellectual property rights at any time protected by statute or common law, in any jurisdiction, including but not limited to: inventions (whether or not patentable), patents, copyright, design rights, trademarks, rights in databases, rights in know-how, and other confidential information and trade secrets; and any application or right to apply for any of the foregoing.
CONFIDENTIAL INFORMATION AND INTELLECTUAL PROPERTY RIGHTS. 11.1 You agree to keep safe the Confidential Information and not to disclose or make available for disclosure to any person, any part of it.
11.2 We will defend the intellectual property rights in connection with our Product and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
11.3 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
11.4 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
11.5 You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.
11.6 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
CONFIDENTIAL INFORMATION AND INTELLECTUAL PROPERTY RIGHTS. (a) For the purposes of this Section 13, “Intellectual Property Rights” shall mean all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights (now existing or hereafter created), in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;
(b) The respective proprietary knowledge of Buyer and Seller, as well as all other confidential commercial and operational information of Buyer and Seller, including the contents of contracts, (hereinafter called “Information”), which are conspicuously marked or identified in writing as confidential or proprietary information, shall be treated as confidential information by both Parties. Both Parties shall take all necessary measures to protect the Information from unauthorized access, unauthorized release, copying, transmission or unauthorized use of the Information of the other Party using the same care as they would for their own confidential information, but not less than a reasonable degree of care. Information that is already publicly available prior to or following its transmission to either Party shall not be subject to these provisions.
(c) Both Parties shall use reasonable care to ensure that employees and third parties receiving access to the Information are subject to the same requirements of confidentiality as identified above
(d) The Parties shall immediately notify each other in the event that either Party receives any court, government or other official and binding demand for the release of Information, where such notice is not prohibited by the court or the government agency.
(e) Xxxxx indemnifies Seller against any liability caused by Xxxxx’s infringement of any letters patent, trade secrets, copyrights, confidential information or proprietary information in the specifications, information or goods provided by Buyer to Seller. Seller indemnifies Buyer against any liability caused by Xxxxxx’s infringement of any letters patent, trade secrets, copyrights, confi...
CONFIDENTIAL INFORMATION AND INTELLECTUAL PROPERTY RIGHTS. 13.1 Each party acknowledges that the Confidential Information may be disclosed to it by the other party (or its Affiliates) in connection with the Products, this Agreement and potentially in connection with other possible contract manufacturing. The recipient party shall keep such information strictly confidential (both during the subsistence and after the termination or expiry of this Agreement), shall not disclose it to any third party (including an Affiliate) and shall only disclose it to those of its employees who need to know it for the purposes of this Agreement and who have agreed to be bound by similar duties of confidentiality as the recipient party. In particular, and without limiting the foregoing, the Supplier shall not disclose to any third party (including an Affiliate) or use for any other purpose any information contained in the Specifications or the Technical Manual.
13.2 The Supplier agrees to use the Confidential Information of the Buyer or its Affiliates only for the purpose of manufacturing and supplying the Products for the Buyer or its Affiliates on the terms of this Agreement and for no other purpose or for its or any third party's benefit.
13.3 The restrictions in clauses 13.1 and 13.2 shall not apply to any Confidential Information to the extent that such Confidential Information:
13.3.1 is or becomes public knowledge through no fault of the receiving party,
13.3.2 is required to be disclosed by applicable laws or order of the court or other competent authority, or
13.3.3 is disclosed in confidence to professional advisers, auditors, insurers and bankers.
13.4 The Buyer or as the case may be any Affiliate of the Buyer retains the ownership of all rights (including without limitation Intellectual Property Rights) in the Product formulation for the duration of and at any time after the termination of this Agreement. For the avoidance of doubt, this information constitutes Confidential Information of the Buyer.
13.5 All copyright and other Intellectual Property Rights in any artwork and origination work supplied by the Buyer or its nominee for the labelling, packaging and, where applicable, package inserts for the Products is and shall remain the property of the Buyer or its nominee absolutely. The Supplier shall not supply or manufacture any such packaging or other components or finished Products or confusingly similar packaging or products other than to the Buyer or as it may direct.
13.6 If during the term of this Agreement the S...
CONFIDENTIAL INFORMATION AND INTELLECTUAL PROPERTY RIGHTS. 13.1 All drawings, documents, confidential records, computer software and other information supplied by the Seller (the "Works"), whether produced by itself or a third party, are supplied on the express understanding that ownership of the copyright in and to such Works remains with the Seller (or the relevant third party) and that the Buyer will not, without the written consent of the Seller, disclose, give away, loan, exhibit or sell any Works or other information or extracts from them or copies of them or use them in any way except in connection with the Goods in respect of which they are issued.
13.2 All claims for alleged infringement of patents, trade marks, registered designs, design rights, copyright or other intellectual property rights (whether registered or unregistered) received by the Buyer relating to the Goods must be notified immediately to the Seller. If requested by the Seller, the Seller shall be entitled to have conduct of any proceedings relating to any such claim in such manner as the Seller sees fit and the Buyer shall provide to the Seller such reasonable assistance as the Seller may request. The cost of any such proceedings will be borne by the Seller.
13.3 If any allegation is made against the Buyer to the effect that the supply of such of the Goods as are manufactured by the Seller infringes the intellectual property rights of any third party or the Seller has reason to believe that any such allegation is likely to be made, the Seller may at its option and expense and as the Buyer’s sole remedy from the Seller in respect of such allegation, modify or replace the Goods so as to avoid the infringement (but without adversely affecting the overall performance of the Goods), or obtain for the benefit of the Buyer the right to continue to use the Goods, or repurchase the Goods at the Contract Price as reduced by a reasonable provision for depreciation.
13.4 To the extent that the Goods are to be manufactured in accordance with a specification supplied by the Buyer, the Buyer shall indemnify the Seller against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by the Seller in connection with any claim made against the Seller for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with t...
CONFIDENTIAL INFORMATION AND INTELLECTUAL PROPERTY RIGHTS. 4.1 In connection with the supply of Spectra Products, [***] and other activities that may be contemplated hereunder, the Parties may share their respective Confidential Information on a voluntary basis to facilitate the success and rapid time to market of Kornit Products. In order to fxxxxx a constructive and solution-oriented environment, the Parties agree to define and handle Confidential Information disclosures from and after the Effective Date and intellectual property rights in accordance with Schedule 4.
4.2 The Parties agree that any agreement between them in effect as of the Effective Date covering Confidential Information will remain in full force and effect, but shall only cover disclosures made prior to the Effective Date.
CONFIDENTIAL INFORMATION AND INTELLECTUAL PROPERTY RIGHTS. 10.1 Definition of the “Disclosing Party” and “Receiving Party.” When either party discloses Confidential Information (as described in Paragraph 10.2, below) to the other, the Party disclosing the Confidential Information shall be the “Disclosing Party” with respect to that Confidential Information and the other party shall be “Receiving Party” with respect to that Confidential Information.
CONFIDENTIAL INFORMATION AND INTELLECTUAL PROPERTY RIGHTS. 7.1. Seller agrees that any data, design, specification it obtains from 3M which also included, without limitation, technical, trade secret, commercial or financial information about the research or development, machinery, manufacturing processes, designs, engineering ,marketing plans customer contacts, organization, or operations of 3M Company, its subsidiaries or affiliates (collectively referred to as "Confidential Information") as confidential. Except as required to perform its obligations under the PO and expressly permitted herein, Seller shall hold in confidence and not use or disclose any Confidential Information without 3M's prior written consent and shall similarly bind its employees, consultants, and subcontractors in writing. Seller shall not disclose any Confidential Information to any person other than those employees, consultants or subcontractors of Seller who have a legitimate need to know to perform the obligations under this PO perform the obligations under this PO. Seller's nondisclosure obligation here under shall not apply to information which it can document, is generally available to the public or was rightfully disclosed to Seller by a third party without restriction. Upon 3M's request, or on completion of its obligations under this PO or earlier cancellation of this Purchase Order, Seller shall promptly return all Confidential Information and an y copies thereof to 3M.
7.2. Nothing in this PO or any exhibit forming part of this PO shall be construed as granting any license under any intellectual property rights except as separately agreed in writing.
CONFIDENTIAL INFORMATION AND INTELLECTUAL PROPERTY RIGHTS. 14.1. All drawings, documents, confidential records, computer software and other information supplied by the Company, whether produced by itself or a third party, are supplied on the express understanding that copyright is reserved to the Company (or the third party) and that the Buyer will not, without the written consent of the Company, give away, loan, exhibit or sell any drawings, documents, records, software or other information or extracts from them or copies of them or use them in any way except in connection with the goods in respect of which they are issued. In addition, any design right or copyright created in relation to the goods will vest in the Company where the goods are commissioned by the Buyer, whether or not for a separate fee.
14.2. All claims for alleged infringement of patents, trade marks, registered designs, design right or copyright received by the Buyer relating to the goods must be notified immediately to the Company. If requested by the Company, the Company shall be entitled to have conduct of any proceedings relating to any such claim in such manner as the Company thinks fit and the Buyer will provide to the Company such reasonable assistance as the Company may request. The cost of any such proceedings will be borne by the Company.
