Customer Material. Customer shall retain all rights, title and interest in any and all Customer products, data, plans, specifications, reports, designs, network architecture, documentation and other similar information, or any derivatives thereof, developed, used or disclosed by Customer in its receipt of Professional Services under this Agreement and any applicable SOW (collectively “Customer Materials”). Except as explicitly set forth herein, no rights, title and interest in any Customer Materials are transferred to ForeScout.
Customer Material. (a) Unless expressly specified otherwise in this Agreement:
(i) the Customer or its licensors (as applicable) retains ownership of all Intellectual Property Rights subsisting in all Customer Materials; and
(ii) any modification or enhancement to any Customer Material is deemed to form part of the Customer Materials and all Intellectual Property Rights in such modification or enhancement vest in the Customer immediately from creation.
(b) If any Customer Material is modified or enhanced by or on behalf of the Supplier, then the Supplier assigns to the Customer all Intellectual Property Rights it has in such modification or enhancement immediately from creation (and will do all things necessary to give effect to that assignment).
(c) The Customer grants to the Supplier for the Term a non- exclusive, global licence to use, reproduce and modify the Customer Material solely for purposes of enabling the Supplier to provide ProcurePro to the Customer and otherwise to perform its obligations under this Agreement and for any other purposes that the Customer expressly agrees in writing. This licence includes the right to sublicense.
(d) The Customer is solely responsible for all Customer Material and, to the extent permitted by law, the Supplier will not be liable in connection with any Customer Material.
(e) The Supplier may collect, copy, transmit, analyse or otherwise use anonymised Customer Material (including without limitation, the Customer's use of Customer Material, information concerning Customer Material and data derived therefrom) to maintain and improve ProcurePro. Once anonymous, such information is Supplier Material (and not Customer Material).
Customer Material. 16.1 The Customer grants Xxxxxxx Associates a non-exclusive, transferable and royalty-free licence (including the right to grant sub-licences to the Permitted Subcontractors) to use the Customer's system(s), Customer Materials and the Bespoke Solutions for the Term to the extent required to enable Xxxxxxx Associates to perform its obligations under this Agreement. As between the Customer and Xxxxxxx Associates, the Customer shall own all Intellectual Property Rights and title in the Customer Materials.
16.2 The Customer will indemnify and hold harmless Xxxxxxx Associates from and against all Liabilities which Xxxxxxx Associates incurs or suffers in respect of any claim or action brought against it by any third party during the Term, claiming that the use of any Customer Material provided or made available to Xxxxxxx Associates by or on behalf of the Customer under or in connection with this Agreement infringes a third party’s Intellectual Property Rights.
16.3 Other than as set out in this Agreement, neither party shall have any right to use any of the other party's names, logos or trade-marks without the other party's prior written consent.
Customer Material. 5.1. You may have an opportunity to publish, transmit, submit or otherwise post (collectively, "Post") reviews, comments or other materials (collectively, "Customer Material"), including in the Course chat. When you post the Customer Material in the Course chat, it may be available to other customers who enrolled in the relevant Course. Given this, in order to keep our Services enjoyable for all of our Customers, we ask you to adhere to the following rules.
5.2. Please choose carefully the Customer Material you Post. Please limit yourself to Customer Material directly relevant to Services. Moreover, you must not Post Customer Material that: (a) contains unsuitable materials; (b) infringes intellectual property rights of third parties; or (c) improperly claims the identity of another person. You should also be careful if you decide to Post personally identifiable information, such as your full name, email address, telephone number or address.
5.3. We reserve the right to delete the Customer Material you have Posted if we consider it is inappropriate. We reserve the right to remove you from the Course chat if you Post inappropriate Customer Material. We decide what is inappropriate Customer Material solely at our discretion.
Customer Material. (a) The Customer agrees and acknowledges that it is solely responsible for any Customer Material.
(b) While HybridHero will seek to ensure that the Products, Goods and Services are as accurate as possible, the Customer acknowledges and agrees that:
(i) HybridHero is not responsible for any Customer Material or other information input into the Products, Goods and Services by the Customer and/or its Personnel;
(ii) it must ensure that all Customer Material that is input into the Products, Goods and Services is accurate, complete and up-to-date;
(iii) it has sufficient rights to all Customer Material, to hold the Customer Material and input it to the Products, Goods and Services; and
(iv) it has obtained from all individuals and third parties any required Consents and have provided all required notices with respect to the collection, retention, disclosure and use of the Customer Material as contemplated for the purposes of this Agreement that are required under applicable laws.
(c) The Customer, in the event that it discovers that any Customer Material input by it into the Products, Goods and Services is not accurate, complete or up-to-date, will promptly notify HybridHero and update the Customer Material.
(d) HybridHero reserves the right to modify, update, edit or delete Customer Material where it deems such Customer Material is a risk to the security, accuracy or integrity of the Products, Goods and Services, and may do so without prior written notice to the Customer, but will use reasonable endeavours to notify the Customer as soon as reasonably practical in the event of such deletion.
(e) The Customer must ensure that Customer Material, and its collection, use, processing, disclosure and dissemination via the Products, Goods and Services:
(i) will not infringe any Intellectual Property Rights of any person; and
(ii) complies with all applicable Laws (including Privacy Laws, where applicable).
(f) Notwithstanding any other clause in this Agreement, the Customer agrees that HybridHero will have the right to access, use, adapt, modify, reproduce, reformat, transform, and process Customer Material for the purpose of:
(i) providing the Customer with the Products, Goods and Services;
(ii) internal training; and
(iii) testing, improving and developing new features for the Products, Goods and Services, and grants HybridHero a perpetual, royalty-free, worldwide, transferable, non-exclusive licence to do so, including the right to sub-license.
Customer Material. If the Solution allows you to upload any material or make any material publicly accessible, then you shall be solely responsible for all material that you wish to publish through the Solution or that you otherwise submit to the Solution (“Customer Material”). You represent and warrant that no Customer Material (a) infringes the intellectual property, publicity, privacy or moral rights of any third party, (b) contains any material that is defamatory, harassing or threatening; (c) contains any pornography or obscene material; (d) contains any malware or other material that is illegal or fraudulent, (e) contains any information that is subject to restrictions under applicable export control law, or (f) contains any links that direct users to Internet websites or applications that contain any of the content listed in (a) through (d) above (collectively, “Prohibited Content”). You provide Company and GeoCloud with a worldwide, non-exclusive, royalty-free, and sublicensable license of all worldwide rights necessary to duplicate, publish, display and make available Customer Materials through the Solution, and you hereby warrant that you have the right to provide such license.
Customer Material. As between Revel and Customer, Customer will retain all of its right, title and interest in and to Customer Materials. Customer hereby grants Revel a limited, non-exclusive, non-transferable (except in connection with an assignment of this Agreement pursuant to Section 12.7 (Assignment)), non-sublicensable right to access and use (and to allow its Affiliates, contractors and subcontractors to access and use) Customer Materials in connection with the performance of Professional Services and provision of Deliverables and otherwise in connection with its performance under this Agreement.
Customer Material a. Subject to AVEVA’s Privacy Policy, any communication or material that Customer or its authorized users transmit to the Service or to AVEVA, whether by electronic mail or other means, for any reason, will be treated as non- confidential and non-proprietary. While Customer shall retain all rights in such communications or material, Customer grants to AVEVA a non-exclusive, paid- up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.
b. Customer shall not submit confidential or proprietary information to AVEVA unless a mutually agreed confidentiality agreement has been separately executed.
c. If Customer believes its copyright, trademark or other property rights have been infringed by a posting on the Service, send notification to AVEVA immediately. To be effective, the notification must include:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed;
iii. Information reasonably sufficient to permit making contact with the complaining party, such as address, telephone number and, an electronic mail address at which the complaining party may be contacted;
iv. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit location of the materials;
v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
vi. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
d. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated. Designated Agent for Claimed Infringement: Group Counsel AVEVA Solutions Limited High Cross, Xxxxxxxxx Xxxx Xxxxxxxxx XX0 0XX Xxxxxx Xxxxxxx +...
Customer Material. Customer shall solely retain all rights, title and interest in and to any data, information and any other materials made available to SwiftStack by Customer (“Customer Material”). SwiftStack acknowledges and agrees that Customer Material constitutes Customer’s Confidential Information.
Customer Material. The Company shall not be liable for any faulty or defects to the Goods arising out of the use of \Customer’s materials. No guarantee or warranty is given but subject to the availability of capacity and facilities the Company will endeavour to correct any such faults or defects at the \customer’s expense and risk. If defects are due to manufacturing error they will be replaced FOC; refunds will not be given. The company reserves the right to issue a credit note.
(1) Unless otherwise agreed in writing any copyright or other industrial or intellectual property rights in all specifications drawings or other technical information supplied to the Customer shall remain the property of the Company and shall not form part of the Contract. \the \customer shall not publish or communicate with a third party the content thereof or any particulars of the Goods supplied by the Company without the previous consent in writing of the Company.
(2) In the event of it coming to the notice of the Company that any work done or any Goods to be supplied under this Contract infringe or are alleged to infringe any patent registered design copyrights or any other rights in the manufactured Goods then the Company shall have the right to cease the manufacture of these Goods or to be bound by this agreement and shall retain the title to such Goods as have been manufactured and the Customer shall indemnify against all claims that might be made by any person against the Company for such infringement or alleged infringement or for royalties and against all cost expenses or other payments arising there from and shall pay to the Company the value of the work done on and used in the manufacture of the Goods prior to such cessation of manufacture.
