Content and Materials Sample Clauses

Content and Materials. Any master recordings and musical compositions embodied in Your Application must be wholly-owned by You or licensed to You on a fully paid-up basis and in a manner that will not require the payment of any fees, royalties and/or sums by Apple to You or any third party. In addition, if Your Application will be distributed outside of the United States, any master recordings and musical compositions embodied in Your Application (a) must not fall within the repertoire of any mechanical or performing/communication rights collecting or licensing organization now or in the future and (b) if licensed, must be exclusively licensed to You for Your Application by each applicable copyright owner.
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Content and Materials. (a) You must, at all times, comply with the requirements contained in the AT&T Development Tool Set. (b) Any master recordings and musical compositions embodied in Your Application must be wholly-owned by You or licensed to You on a fully paid-up basis and in a manner that will not require the payment of any fees, royalties and/or sums by AT&T to You or any third party. As between You and AT&T, You are solely responsible, on a through to the end user basis, for (i) all fees, royalties and other amounts of any kind or nature payable to record companies, artists and all other royalty participants resulting from sales and other permitted exploitation of the Applications in accordance with this Agreement, (ii) all mechanical royalties, public performance royalties and all other amounts of any kind or nature payable to publishers or other owners of copyrighted musical compositions, spoken word any other materials embodied in the Applications, (iii) all fees, royalties and other amounts of any kind or nature payable to artists, celebrities and other third parties in connection with the use of their names, images, voices, and likenesses as part of the Application, (iv) all payments that may be required under union or guild connective bargaining agreements with respect to the Applications and the use thereof in accordance with this Agreement, and (v) any and all other royalties, fees or other amounts required to be paid to any and all third parties with respect to the use and exploitation of the Applications in accordance with this Agreement. (c) If Your Application includes or will include any content other than the content described in Section 3.2.2(b), above, You must either own all such content or have permission from the content owner to use it in Your Application. (d) Applications may not contain Unsuitable Content. (e) Applications may not contain any malware, malicious or harmful code, program, or other internal component (e.g. computer viruses, trojan horses, “backdoors”) which could damage, destroy, or adversely affect any part of the AT&T Service or other software, firmware, hardware, data, systems, or services. (f) If Your Application includes any XXXX, You must comply with all applicable XXXX licensing terms. You also agree not to use any XXXX in the development of Your Application in such a way that would cause the non-XXXX portions of the AT&T Development Tool Set to be subject to any XXXX licensing terms or obligations.
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Content and Materials. (a) With respect to the White Label Application only, Section 3.2.2(b) of the Agreement is deleted and replaced with the following: (b) With respect to MobiTV Acquired Content, You will be solely responsible for acquiring all rights for content to be made available through, via, or in connection with, the White Label Application. AT&T may, in its sole discretion, acquire and/or license or create content (including, to the extent applicable, AT&T advertising materials) for distribution through the White Label Application (“AT&T Acquired Content”). In such case, the Parties will execute one (1) or more separate amendments to this Agreement (each, an “AT&T Content Amendment”) to address, among other things, (i) adjustments to revenue share to reflect any reductions in cost to You, taking into account MobiTV’s contractual requirements related to any such change in the content to be distributed through the White Label Application; (ii) any specific requirements from the provider of the AT&T Acquired Content (“AT&T Providers”) with respect to which You must comply, and (iii) reporting and payment to the AT&T Providers. Any master recordings and musical compositions embodied in the MobiTV Acquired Content must be wholly-owned by You or licensed to You in a manner that will not require the payment of any fees, royalties and/or sums by AT&T to You or any third party. As between You and AT&T, You are solely responsible, AT&T CONFIDENTIAL& PROPRIETARY 2 on a through-to-the-end-user basis, in connection with the MobiTV Acquired Content for (collectively, “Third-Party Royalties”): (v) all fees, royalties and other amounts of any kind or nature payable to record companies, artists and all other royalty participants; (w) all mechanical royalties, public performance royalties and all other amounts of any kind or nature payable to publishers or other owners, administrators or representatives of copyrighted musical compositions, spoken word or any other materials embodied in the MobiTV Acquired Content; (x) all fees, royalties and other amounts of any kind or nature payable to artists, celebrities and other third parties in connection with the use of their names, images, voices and likenesses as embodied in the MobiTV Acquired Content ; (y) all payments that may be required under union or guild collective bargaining agreements and the use thereof in accordance with this Agreement; and (z) any and all other royalties, fees or other amounts required to be paid to any and all ...
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Content and Materials the Contractor's intellectual property in the form of texts, images, drawings, photographs, graphics, videos, programs, sounds, user interfaces, logos, trademarks, computer codes that are the contents of the Site, as well as a set of information materials sent To customers by e-mail.
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Content and Materials. Client shall provide all Client Materials specified in the applicable Statement of Work or as otherwise required by Contractor in order to develop the repositioning, rebranding and repackaging strategies.
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Content and Materials. (a) Any and all content and information provided to you from or through the Licensed Software, including without limitation, text, files, content, data, graphics, images, links, software, communications, messages or other materials and terms of expression (collectively, “Content”) is owned by the party from which such Content originated and such party remains solely responsible in all respect for such Content. (b) All Content provided from or through the Licensed Software may be subject to intellectual property rights with respect thereto, which are owned by the source and/or provider of such Content or another third party which has authorized the provider of such Content to distribute such Content. Under no circumstances may you modify, distribute, sell, rent, lease, loan, or create derivative works based on this Content (either in whole or in part) unless the Content owner has provided you with specific written permission to do so in a separate written agreement. Upon termination of this XXXX, all your rights to the Content provided from or through the Licensed Software shall terminate immediately and you shall have no further rights to use such Content for any purpose. (c) Without the express written consent of the proper owner of any Content that is subject to a proprietary right, including without limitation, copyrights and trademarks, you are prohibited from creating, posting, transmitting, uploading, displaying, or otherwise making use of such Content either through the Licensed Software or otherwise. You shall be solely liable for any damages arising out of any infringement of any proprietary right of a third party, and any other damages that result from Content that you upload, post, transmit, display or otherwise make available on or through the Licensed Software. In its sole and absolute discretion, Company may establish additional policies and requirements governing the posting and submission of Content by you on or through the Licensed Software by updating this XXXX with such additional policies and/or requirements. You are responsible for ensuring that any Content that you upload, transmit, display, post, or otherwise make available on or through the Licensed Software is done in full compliance with any applicable third party proprietary right, including copyright and/or trademark right. You agree not to post any Content that (i) contains any viruses, trojan horses, worms, time bombs, cancelbots, or other similar harmful or deleterious progra...
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Content and Materials. Licensee represents and warrants that Licensee has the right to provide the Content and Materials as described herein and the Content and Materials shall not infringe the copyright, trademark or other rights of a third party. Licensee shall be fully responsible for all Content and Materials uploaded to through the Alltana Platform either by Licensee or users created by the Licensee.
Sample 1
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Content and Materials. All text, videos, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork, algorithms, functionalities, features and computer code, including but not limited to design, structure, “look and feel” and arrangement of the content available on the Site or Application (collectively, “Content”) is owned, controlled or licenses by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. The Content, the Site and the Application are owned by the Company and its Affiliates, and/or their licensors and suppliers (which may include lessors, lessees, owners, sellers, buyers, agents, brokers, multiple listing services, builders, service providers, content providers, vendors, and others)(collectively, “Licensors and Suppliers”). Except as expressly provided in these Terms of Use, no part of the Site, the Application or the Content may be copied, reproduced, republished, posted, publicly displayed, translated, or distributed in any way. Subject to the limited rights to use the Site, the Application and Services pursuant to these Terms of Use, we retain all right, title, and interest in and to the Site, the Application and Services, including all related intellectual property contained therein. Certain features of the Services allow you to upload, post, publish, share, store, or manage data or visual content (“Materials”). By posting or publishing Materials, you represent and warrant to us that you have all the necessary rights to distribute such Materials to us, either because you are the author and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of such Materials. You hereby grant to us and our authorized personnel a worldwide, royalty-free, fully-aid, exclusive, transferable, and sublicensable (as necessary to perform the Services) license to copy, publicly perform, publicly display, publish, distribute, create derivative works of, and use Materials as we deem appropriate to perform the Services and in accordance with these Terms of Use. You acknowledge and agree that we will own all right, title, and interest in and to any Materials, content, or other works of authorship created by us or on our behalf and used in connection with the Services. All Materials are the sole responsibility of the pers...
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Related to Content and Materials

  • Equipment and Materials CONTRACTOR shall provide all equipment, materials, and supplies necessary for the performance on the Agreement except:

  • Time and Materials If this contract is designated as a Time and Materials contract, invoicing and payment shall be as follows: (a) Consultant shall submit invoices, not more often than once a month during the term of this agreement, based on the cost for work performed in accordance with the Rate Schedule in the Scope of Work and authorized reimbursable expenses incurred prior to the invoice date. Invoices shall contain the following information: (i) Serial identifications of bills, i.e., Xxxx No. 1; (ii) The beginning and ending dates of the billing period; (iii) A summary containing the total contract amount, the amount of prior xxxxxxxx, the total due this period, percentage of work completed, the remaining balance available for all remaining billing periods, and a brief description of work completed during the billing period. (b) City shall make monthly payments, based on such invoices, for satisfactory progress in completion of the Scope of Work, and for authorized reimbursable expenses incurred.

  • Licensed Materials The materials that are the subject of this Agreement are set forth in Appendix A ("Licensed Materials").

  • LABOR AND MATERIALS 4.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Contractor guarantees that materials shall be of the best quality, that work shall be completed in a neat and workmanlike manner, that equipment will be installed in a first class manner, and that all aspects of the project will be delivered in good working order complete and perfect in every respect and that all systems and materials necessary to make the project a complete operating utility as contemplated by the above description of the project is included in the Contract price. 4.4.2 The Contractor shall a t all times enforce strict discipline and good order among his employees and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him.

  • Personnel Equipment and Material Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the reasonable opinion of County, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the Project when so instructed by County. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than County. Engineer may not change the Project Manager without prior written consent of County.

  • Stored Materials The Department shall not be required to pay for materials stored at the site or stored at other locations absent prior written authorization to do so, which authorization may be withheld at the Department's sole discretion. If the Department expressly agrees to pay for materials stored at the site but not yet incorporated into the Work, the Application for Payment may also include a request for payment of the cost of such materials, if the materials have been delivered to the site, and suitably stored. Such requests shall be documented by appropriate invoices and bills of sale. Payment for stored materials shall be conditioned also on the Design-Builder’s representation that it has inspected the material and found it to be free from defect and otherwise in conformity with this Agreement, and on satisfactory evidence that the materials are insured under the builder’s risk policy. Further, if the Design-Builder requests the Department to allow payments for storage of materials offsite, the Design-Builder shall be required, inter alia, to agree to execution of proper documentation to afford the Department a secured interest in the materials upon payment.

  • Third Party Materials The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third- party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

  • Licensed Technology (a) LICENSOR is not aware of any interference, infringement, misappropriation, or other conflict with any intellectual property rights of third parties, and LICENSOR has never received any charge, complaint, claim, demand, or notice alleging any such interference, infringement, misappropriation, or violation (including any claim that LICENSOR must license or refrain from using any intellectual property rights of any third party). To the knowledge of LICENSOR, no third party has interfered with, infringed upon, misappropriated, or otherwise come into conflict with any of the LICENSED TECHNOLOGY. (b) Exhibit A identifies each patent or registration which has been issued to LICENSOR with respect to any of the LICENSED TECHNOLOGY and identifies each pending patent application or application for registration which LICENSOR has made with respect to any of the LICENSED TECHNOLOGY. LICENSEE acknowledges that LICENSOR has previously made available to LICENSEE correct and complete copies of all such patents, registrations and applications (as amended to-date) in LICENSOR’s possession and has made available to LICENSEE correct and complete copies of all other written documentation in LICENSOR’s possession evidencing ownership and prosecution (if applicable) of each such item. (c) Exhibit A identifies each item of LICENSED TECHNOLOGY that is assigned to LICENSOR or that LICENSOR uses pursuant to license, sublicense, agreement, or permission. LICENSOR has made available to LICENSEE correct and complete copies of all such licenses, sublicenses, agreements, patent prosecution files and permissions (as amended to-date) in LICENSOR’s possession. With respect to each item of LICENSED TECHNOLOGY required to be identified in Exhibit A and to the knowledge of LICENSOR: (i) the license, sublicense, agreement, or permission covering the item is legal, valid, binding, enforceable, and in full force and effect; (ii) the license, sublicense, agreement, or permission will continue to be legal, valid, binding, enforceable, and in full force and effect on identical terms following the consummation of the transactions contemplated hereby; (iii) no Party to the license, sublicense, agreement, or permission is in breach or default, and no event has occurred which with notice or lapse of time would constitute a breach or default or permit termination, modification, or acceleration thereunder; (iv) no party to the license, sublicense, agreement, or permission has repudiated any provision thereof; (v) the underlying item of LICENSED TECHNOLOGY is not subject to any outstanding lien or encumbrance, injunction, judgment, order, decree, ruling, or charge; (vi) no action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand is pending or is threatened which challenges the legality, validity, or enforceability of the underlying item of LICENSED TECHNOLOGY; and (vii) except as provided in Exhibit A, LICENSOR has not granted any license or similar right to the LICENSED TECHNOLOGY within the GENERAL FIELD or PARTHENOGENESIS FIELD.

  • Customer Materials Subject to Section 4(a), all right, title and interest (including all Intellectual Property Rights) in and to the Customer Materials are owned by Customer or Customer’s suppliers.

  • Licensed Software Computer program(s) provided by Contractor in connection with the Deliverables, subject to Section 14 of this Contract.

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