Industrial Property Rights. For the purpose of this Agreement, "INDUSTRIAL PROPERTY RIGHTS" shall mean all of the Company's patents, trademarks, trade names, inventions, copyrights, know-how or trade secrets, formulas and science, now in existence or hereafter developed or acquired by the Company or for its use, relating to any and all products and services which are developed, formulated and/or manufactured by the Company.
Industrial Property Rights. 1. The supplier shall be liable for claims arising from breaches of industrial property rights and industrial property right applications (industrial property rights) that occur from use of the delivered goods in accordance with the contract.
2. The supplier shall indemnify the Purchaser and its customers from all claims arising from the use of such industrial property rights.
3. The contracting parties must inform each other without undue delay of any infringement risks that they become aware of and shall oppose any alleged claims by mutual agree- ment.
4. At the Purchaser's request, the supplier shall disclose the use of published or unpublished internal or licensed industrial property rights and industrial property right applications re- xxxxxxx the goods.
5. We have the right to use software included in the product delivery, and its documentation, to the legally admissible extent (Sections 69a et seq. of the German Copyright Act (UrhG)) in addition to the right to use said software with the agreed performance characteristics and to the extent required in order to use the product in accordance with the contract. Copies may also be made in this respect. We may also make a backup copy without ex- plicit agreement.
Industrial Property Rights. 13.1 Braintech warrants that all Third Party Software Technology made available as components of eVF has been properly licensed from the licensors of all such Software Technology and that LICENSEE has the right to use and to include, and continue to use and include, such Third Party Software Technology as part of the Products at no charge (other than those expressly set forth in this Agreement). All such Third Party Software is listed in Exhibit 5;
13.2 Braintech warrants that no part of its Proprietary Information, Trademarks, and Technology infringes any Intellectual Property including, but not limited to, patent, utility model, design, trade name, trademark and copyright belonging to any third party inside or outside the Territory;
13.3 Braintech shall defend any legal action or other proceeding brought against LICENSEE, insofar as such legal action or other proceeding is based upon a claim that the Proprietary Information, Trademarks, Technology, or any part thereof, delivered to LICENSEE hereunder infringes any patent, utility model, design, trade name or trademark, copyright or other Intellectual Property belonging to any third party inside or outside the Territory. LICENSEE shall notify Braintech of the institution of any such legal action or other proceeding, and shall provide Braintech with such assistance and cooperation in the defense of such legal action or other proceeding as Braintech may reasonably request. Braintech shall have sole control over any such legal action or other proceeding and shall indemnify and hold LICENSEE harmless from and against all damages and costs awarded therein against LICENSEE;
13.4 In the event that the Proprietary Information, Trademarks, Technology, or any portion thereof, is held to infringe any Intellectual Property belonging to any third party inside or outside the Territory and the use thereof is enjoined by a court of competent jurisdiction, Braintech shall, at LICENSEE's sole option, either procure for LICENSEE the right to continue using such Proprietary Information, Trademarks, Technology, replace such Proprietary Information, Trademarks, Technology with a non-infringing one or modify such Proprietary Information, Trademarks, Technology so that it becomes non-infringing.
Industrial Property Rights. 1. The supplier shall be liable for claims arising from breaches of industrial property rights and industrial property right applications (industrial property rights) that occur from use of the delivered goods in accordance with the contract.
2. The supplier shall indemnify the Purchaser and its customers from all claims arising from the use of such industrial property rights.
3. The contracting parties must inform each other without undue delay of any infringement risks that they become aware of and shall oppose any alleged claims by mutual agreement.
4. At the Purchaser's request, the supplier shall disclose the use of published or unpublished internal or licensed industrial property rights and industrial property right applications regarding the goods.
5. We have the right to use software included in the product delivery, and its documentation, to the legally admissible extent (Sections 69a et seq. of the German Copyright Act (UrhG)) in addition to the right to use said software with the agreed performance characteristics and to the extent required in order to use the product in accordance with the contract. Copies may also be made in this respect. We may also make a backup copy without explicit agreement.
Industrial Property Rights. 3.1. The contractual partners undertake not to exploit the reciprocally notified Information themselves without the explicit written consent of the other contractual partner. The contractual partners may not file an application for a property right of any inventions, which are partly or fully based on Information of the other contractual partner, in their own name. In the event of an infringement the contractual partner filing the application undertakes to assign the application or the thus resulting property right to the other contractual partner in full or in part in the scope of the Information notified by the other contractual partner and to consent to the transfer of the entry. The submission of a joint application in the name of both contractual partners is not excluded. The contractual partner does not substantiate any licensing or other usage rights of a contractual partner whatsoever to the confidential Information or to property rights of the partner. Publications are only possible with the explicit reciprocal consent.
Industrial Property Rights. (1) The Supplier shall guarantee that the contractual products are free of any industrial property rights or copyrights, the so-called third party industrial property rights, and that to his knowledge there are no other rights that restrict or exclude a use. The Supplier shall guarantee that the delivery and use of the contractual products will not violate any patents, licences or other property rights of third parties.
(2) The Supplier shall indemnify Customer and his clients against any claims by third parties concerning violations of industrial property rights upon first request and bear all costs and expenses arising to Customer in this context. ...
(3) Customer shall immediately be entitled to obtain the approval for using the respective contractual products as well as a licence for using the respective contractual products from the party holding such rights at Supplier’s expense.
(4) In the event claims are made against Customer by third parties on the grounds that contractual products delivered by the Supplier are in breach of industrial property rights and in the event the use is hereby impaired or forbidden, Customer shall immediately be entitled to obtain the approval for using the respective contractual products as well as a licence for using the respective contractual products from the party holding such rights at the Supplier’s expense. Immediately afterwards the Supplier shall either modify the respective contractual products in coordination with Customer at the discretion of Customer in the event of being held liable in such a way that they are excluded from the area of protection but nevertheless correspond to the statutory provisions or obtain the permanent authorization for their use as stipulated by the contract in an unlimited way or without additional costs for Customer.
(5) The right of Customer to withdraw from the Agreement as well as the recourse to any other statutory claims through Customer, however, shall not be affected by the aforegoing provision.
(6) As for the rest, § 9 clause 7 shall apply accordingly.
Industrial Property Rights. Distributor may use the trade-xxxx(s) of Seller during the effective period of this Agreement only in connection with the sales of Products, provided that even after the termination of this Agreement Distributor may use the trade-xxxx(s) in connection with the sale of Produ ts held by it in stock at the time of termination. Distributor shall also acknowledge that any and all patents, trademarks, copyrights and other industrial property rights used or embodied in Products shall remain to be sole properties of Seller, and shall not dispute them in any way
Industrial Property Rights. 在本协议有效期内，为销售本协议项下的代理商品，乙方可以使用甲方拥有的商标，并承认使用于或包含于代理商品中的任何专利商标、 版权或其他工业产权为甲方独家拥有。 一旦发现侵权，乙方应立即通知甲方并协助甲方采取措施保护甲方权益。 Party B may use the trade-marks owned by Party A for the sale of the Commodity covered herein within the validity of this agreement, and shall acknowledge that all patents, trademarks, copy rights or any other industrial property rights used or embodied in the Commodity shall remain to be the sole properties of Party A. Should any infringement be found, Party B shall promptly notify and assist Party A to take steps to protect the latter's rights.
Industrial Property Rights. 1. If we are obligated to deliver according to drawings, models, samples or under pledging of provided parts of the customer, the customer is responsible to ensure that third party proprietary rights in the country of destination of the goods are not violated by this act. We shall point out to the customer all rights known to us. The customer is obligated to exempt us from all third party claims and compensate us for any damage incurred. If a third party prohibits us from manufacturing or delivering by evoking proprietary rights belonging to him, we are entitled - without examining the legal situation - to cease processing up to the clarification of the legal situation between the customer and the third party. If the continuation of the order is no longer feasible for us due to the delay, we are entitled to withdraw from the agreement.
2. Any drawings and samples provided to us which have not led to an assignment shall be returned at request; otherwise we are entitled to destroy them after 3 months from the date of the offer. This obligation applies respectively for the customer. The party entitled to the destruction has to inform the contractual partner of his intention to destroy in advance in due time.
3. We are entitled to copy rights and, if applicable, industrial property rights, particularly all usage and exploitation rights to the models, moulds and devices, drafts, drawings and the delivery item designed by us or a third party commissioned by us.
Industrial Property Rights. 1. The Supplier accepts liability for claims for compensation arising from the provable infringement of industrial property (IP) rights where the items delivered are used in accordance with the contract, where at least one of the set of relevant IP rights has been published either in the Supplier's home country or in one of the states of Austria, France, Germany, Great Britain, Liechtenstein, Switzerland or the USA. At the choice of the Supplier this liability is restricted to the provision of a licence to the Customer, free of charge, or a suitable replacement solution which is free from external IP rights.
2. If the Supplier has produced the items supplied in accordance with drawings, models or other equivalent descriptions or specifications submitted by the Customer, the Customer shall hold the Supplier free from all claims by third parties based on infringements of IP rights. The Supplier shall bear no liability in this respect. The same principle shall apply in the event that stipulations are made by the end-customer or the system supplier appointed by him.
3. The contracting parties are obliged to notify each other without delay of any infringement risks and cases of alleged infringement which come to their attention, and shall give each other the opportunity to counter jointly any associated claims which arise.
4. Where development work is carried out for the Customer, the Customer shall not acquire any new IP rights from the Supplier which arise from the order or are included in the result of said development work, even if the Customer bears all or part of the development costs. An explicit written agreement is required before rights of use may be granted.
