Common use of Digital Millennium Copyright Act Clause in Contracts

Digital Millennium Copyright Act. The Company conducts and has conducted the Business in such a manner as to be able to take reasonable advantage, if and when applicable and reasonable, of the safe harbors provided by Section 512 of the Digital Millennium Copyright Act (the “DMCA”), including by informing users of its products and services of such policy, designating an agent (directly or through a third party) for notice of infringement claims, registering such agent (directly or through a third party) with the United States Copyright Office, and taking appropriate action expeditiously upon receiving notice of possible infringement in accordance with the “notice and take down” procedures of the DMCA.

Appears in 2 contracts

Samples: Membership Interest Purchase Agreement (890 5th Avenue Partners, Inc.), Membership Interest Purchase Agreement (890 5th Avenue Partners, Inc.)

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Digital Millennium Copyright Act. The Company conducts and has conducted the Business in such a manner as to be able to take reasonable advantage, if and when applicable and reasonableapplicable, of the safe harbors provided by Section 512 of the Digital Millennium Copyright Act (the “DMCA”)) and by any substantially similar Applicable Law in any other jurisdiction in which the Company conducts the Business, including by informing users of its products and services Company Products of such policy, designating an agent (directly or through a third party) for notice of infringement claims, registering such agent (directly or through a third party) with the United States Copyright Office, and taking appropriate action expeditiously upon receiving notice of possible infringement in accordance with the “notice and take take-down” procedures of the DMCADMCA or such other Applicable Law.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Marin Software Inc)

Digital Millennium Copyright Act. The Company conducts operates and has conducted the Business operated its business in such a manner as to be able to take reasonable advantage, if and when applicable and reasonableapplicable, of the safe harbors provided by Section 512 of the Digital Millennium Copyright Act (the “DMCA”), including by informing users of its products and services of such policy, designating an agent (directly or through a third party) for notice of infringement claims, registering such agent (directly or through a third party) with the United States Copyright Office, and taking appropriate action expeditiously upon receiving notice of possible infringement in accordance with the “notice and take take-down” procedures of the DMCA.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Perion Network Ltd.)

Digital Millennium Copyright Act. The Company conducts Acquired Companies conduct and has have conducted the Business in such a manner as to be able to take reasonable advantage, if and when applicable and reasonableapplicable, of the safe harbors provided by Section 512 of the Digital Millennium Copyright Act (the “DMCA”)) and by any substantially similar Applicable Law in any other jurisdiction in which an Acquired Company conducts the Business, including by informing users of its products and services of such policy, designating an agent (directly or through a third party) for notice of infringement claims, registering such agent (directly or through a third party) with the United States Copyright Office, and taking appropriate action expeditiously upon receiving notice of possible infringement in accordance with the “notice and take take-down” procedures of the DMCADMCA or such other Applicable Law.

Appears in 1 contract

Samples: Merger Agreement (Applovin Corp)

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Digital Millennium Copyright Act. The Company conducts Group Companies conduct and has have conducted the Business their business in such a manner as to be able to take reasonable advantage, if and when applicable and reasonableapplicable, of the safe harbors provided by Section 512 of the Digital Millennium Copyright Act (the “DMCA”)) and by any substantially similar applicable Law in any other jurisdiction in which the Group Companies conduct their business, including by informing users of its products and services of such policy, designating an agent (directly or through a third party) for notice of infringement claims, registering such agent (directly or through a third party) with the United States Copyright Office, and taking appropriate action expeditiously upon receiving notice of possible infringement in accordance with the “notice and take take-down” procedures of the DMCADMCA or such other applicable Law.

Appears in 1 contract

Samples: Business Transaction Agreement (Modern Media Acquisition Corp.)

Digital Millennium Copyright Act. The Company conducts and has conducted the Business in such a manner as to be able to take reasonable advantage, if and when applicable and reasonableapplicable, of the safe harbors provided by Section 512 of the Digital Millennium Copyright Act (the “DMCA”)) and by any substantially similar Applicable Law in any other jurisdiction in which the Business is conducted, including by informing users of its products and services of such policy, designating an agent (directly or through a third party) for notice of infringement claims, registering such agent (directly or through a third party) with the United States Copyright Office, and taking appropriate action expeditiously upon receiving notice of possible infringement in accordance with the “notice and take take-down” procedures of the DMCADMCA or such other Applicable Law.

Appears in 1 contract

Samples: Stock Purchase Agreement (Upland Software, Inc.)

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