Common use of Industrial Property Rights and Copyrights; Defects in Title Clause in Contracts

Industrial Property Rights and Copyrights; Defects in Title. 2.1 Unless otherwise agreed, Siemens shall provide the Commercial Apps free from conflicting third parties’ industrial property rights and copyrights (“IPR”) with respect to the country of the place of delivery only. If a third party asserts a justified claim against You based on an infringement of an IPR by the Commercial App made by Siemens and used in conformity with the Agreement, Siemens shall be liable to You within the time period stipulated in section C.1.2 as follows: (i) Siemens shall choose whether to acquire, at its own expense, the right to use the IPR with respect to the Commercial App concerned or whether to modify the Commercial App such that it no longer infringes the IPR or replace it. If this would be impossible for Siemens under reasonable conditions, You may rescind the Agreement or reduce the remuneration pursuant to the applicable statutory provisions; (ii) The above obligations of Siemens shall apply only if You (i) immediately notify Siemens of any such claim asserted by the third party in written form, (ii) do not concede the existence of an infringement and (iii) leave any protective measures and settlement negotiations to Siemens’ discretion. If You stop using the Commercial App in order to reduce the damage or for other good reason, You shall be obliged to point out to the third party that no acknowledgement of the alleged infringement may be inferred from the fact that the use has been discontinued. (iii) Siemens’ liability to pay damages is governed by section C.4 of the Agreement; 2.2 Claims of You shall be excluded if You are responsible for the infringement of an IPR. 2.3 Claims of You are also excluded if the infringement of the IPR is caused by specifications made by You, by a type of use not foreseeable by Siemens or by the Commercial App being modified by You or being used together with products not provided by Siemens. 2.4 Any other claims of You against Siemens or its agents or any such claims exceeding the claims provided for in this section C.2, based on a defect in title, are excluded.

Industrial Property Rights and Copyrights; Defects in Title. 2.1 Unless otherwise agreed, Siemens shall provide the Commercial Apps free from conflicting third parties’ industrial property rights and copyrights (“IPR”) with respect to the country of the place of delivery only. If a third party asserts a justified claim against You based on an infringement of an IPR by the Commercial App made by Siemens and used in conformity with the Agreement, Siemens shall be liable to You within the time period stipulated in section C.1.2 as follows: (i) Siemens shall choose whether to acquire, at its own expense, the right to use the IPR with respect to the Commercial App concerned or whether to modify the Commercial App such that it no longer infringes the IPR or replace it. If this would be impossible for Siemens under reasonable conditions, You may rescind the Agreement or reduce the remuneration pursuant to the applicable statutory provisions; (ii) The above obligations of Siemens shall apply only if You (i) immediately notify Siemens of any such claim asserted by the third party in written form, (ii) do not concede the existence of an infringement and (iii) leave any protective measures and settlement negotiations to Siemens’ discretion. If You stop using the Commercial App in order to reduce the damage or for other good reason, You shall be obliged to point out to the third party that no acknowledgement of the alleged infringement may be inferred from the fact that the use has been discontinued. (iii) Siemens’ liability to pay damages is governed by section C.4 C.3 of the Agreement; 2.2 Claims of You shall be excluded if You are responsible for the infringement of an IPR. 2.3 Claims of You are also excluded if the infringement of the IPR is caused by specifications made by You, by a type of use not foreseeable by Siemens or by the Commercial App being modified by You or being used together with products not provided by Siemens. 2.4 Any other claims of You against Siemens or its agents or any such claims exceeding the claims provided for in this section C.2, based on a defect in title, are excluded.

Industrial Property Rights and Copyrights; Defects in Title. 2.1 Unless otherwise agreed, Siemens shall provide the Commercial Apps free from conflicting third parties’ industrial property rights and copyrights (hereinafter referred to as “IPR”) with respect to the country of the place of delivery only. If a third party asserts a justified claim against You based on an infringement of an IPR by the Commercial App made by Siemens and used in conformity with the Agreement, Siemens shall be liable to You within the time period stipulated in section C.1.2 C.1.3 as follows: (i) Siemens shall choose whether to acquire, at its own expense, the right to use the IPR with respect to the Commercial App concerned or whether to modify the Commercial App such that it no longer infringes the IPR or replace it. If this would be impossible for Siemens under reasonable conditions, You may rescind the Agreement or reduce the remuneration pursuant to the applicable statutory provisions; (ii) The above obligations of Siemens shall apply only if You (i) immediately notify Siemens of any such claim asserted by the third party in written form, (ii) do not concede the existence of an infringement and (iii) leave any protective measures and settlement negotiations to Siemens’ discretion. If You stop using the Commercial App in order to reduce the damage or for other good reason, You shall be obliged to point out to the third party that no acknowledgement of the alleged infringement may be inferred from the fact that the use has been discontinued. (iii) Siemens’ liability to pay damages is governed by section C.4 of the Agreement; 2.2 Claims of You shall be excluded if You are responsible for the infringement of an IPR. 2.3 Claims of You are also excluded if the infringement of the IPR is caused by specifications made by You, by a type of use not foreseeable by Siemens or by the Commercial App being modified by You or being used together with products not provided by Siemens. 2.4 Any other claims of You against Siemens or its agents or any such claims exceeding the claims provided for in this section C.2C.7, based on a defect in title, are excluded.

Industrial Property Rights and Copyrights; Defects in Title. 2.1 Unless otherwise agreed, Siemens shall provide the Commercial Apps free from conflicting third parties’ industrial property rights and copyrights (hereinafter referred to as “IPR”) with respect to the country of the place of delivery only. If a third party asserts a justified claim against You based on an infringement of an IPR by the Commercial App made by Siemens and used in conformity with the Agreement, Siemens shall be liable to You within the time period stipulated in section C.1.2 C.1.3 as follows: (i) Siemens shall choose whether to acquire, at its own expense, the right to use the IPR with respect to the Commercial App concerned or whether to modify the Commercial App such that it no longer infringes the IPR or replace it. If this would be impossible for Siemens under reasonable conditions, You may rescind the Agreement or reduce the remuneration pursuant to the applicable statutory provisions; (ii) The above obligations of Siemens shall apply only if You (i) immediately notify Siemens of any such claim asserted by the third party in written form, (ii) do not concede the existence of an infringement and (iii) leave any protective measures and settlement negotiations to Siemens’ discretion. If You stop using the Commercial App in order to reduce the damage or for other good reason, You shall be obliged to point out to the third party that no acknowledgement of the alleged infringement may be inferred from the fact that the use has been discontinued. (iii) Siemens’ liability to pay damages is governed by section C.4 C.3 of the Agreement; 2.2 Claims of You shall be excluded if You are responsible for the infringement of an IPR. 2.3 Claims of You are also excluded if the infringement of the IPR is caused by specifications made by You, by a type of use not foreseeable by Siemens or by the Commercial App being modified by You or being used together with products not provided by Siemens. 2.4 Any other claims of You against Siemens or its agents or any such claims exceeding the claims provided for in this section C.2, based on a defect in title, are excluded.

Industrial Property Rights and Copyrights; Defects in Title. 2.1 1. Unless otherwise agreed, Siemens shall provide the Commercial Apps free from conflicting third parties’ industrial property rights and copyrights (“IPR”) with respect to the country of the place of delivery only. If a third party asserts a justified claim against You based on an infringement of an IPR by the Commercial App made by Siemens and used in conformity with the Agreement, Siemens shall be liable to You within the time period stipulated in section C.1.2 as follows: (i) Siemens shall choose whether to acquire, at its own expense, the right to use the IPR with respect to the Commercial App concerned or whether to modify the Commercial App such that it no longer infringes the IPR or replace it. If this would be impossible for Siemens under reasonable conditions, You may rescind the Agreement or reduce the remuneration pursuant to the applicable statutory provisions; (ii) The above obligations of Siemens shall apply only if You (i) immediately notify Siemens of any such claim asserted by the third party in written form, (ii) do not concede the existence of an infringement and (iii) leave any protective measures and settlement negotiations to Siemens’ discretion. If You stop using the Commercial App in order to reduce the damage or for other good reason, You shall be obliged to point out to the third party that no acknowledgement of the alleged infringement may be inferred from the fact that the use has been discontinued. (iii) Siemens’ liability to pay damages is governed by section C.4 of the Agreement; 2.2 2. Claims of You shall be excluded if You are responsible for the infringement of an IPR. 2.3 3. Claims of You are also excluded if the infringement of the IPR is caused by specifications made by You, by a type of use not foreseeable by Siemens or by the Commercial App being modified by You or being used together with products not provided by Siemens. 2.4 4. Any other claims of You against Siemens or its agents or any such claims exceeding the claims provided for in this section C.2, based on a defect in title, are excluded.

Industrial Property Rights and Copyrights; Defects in Title. 2.1 (a) Unless otherwise agreed, Siemens shall provide the Commercial Apps free from conflicting third parties’ ' industrial property rights and copyrights (“hereinafter referred to as "IPR”") with respect to the country of the place of delivery only. If a third party asserts a justified claim against You based on an infringement of an IPR by the Commercial App made by Siemens and used in conformity with the Agreement, Siemens shall be liable to You within the time period stipulated in section C.1.2 C.1(c) as follows: (i) Siemens shall choose whether to acquire, at its own expense, the right to use the IPR with respect to the Commercial App concerned or whether to modify the Commercial App such that it no longer infringes the IPR or replace it. If this would be impossible for Siemens under reasonable conditions, You may rescind the Agreement or reduce the remuneration pursuant to the applicable statutory provisions; (ii) The above obligations of Siemens shall apply only if You You (i) immediately notify Siemens of any such claim asserted by the third party in written form, (ii) do not concede the existence of an infringement and (iii) leave any protective measures and settlement negotiations to Siemens’ ' discretion. If You stop using the Commercial App in order to reduce the damage or for other good reason, You shall be obliged to point out to the third party that no acknowledgement of the alleged infringement may be inferred from the fact that the use has been discontinued. (iii) Siemens’ ' liability to pay damages is governed by section C.4 C. 4 of the Agreement; 2.2 (b) Claims of You shall be excluded if You are responsible for the infringement of an IPR. 2.3 (c) Claims of You are also excluded if the infringement of the IPR is caused by specifications made by You, by a type of use not foreseeable by Siemens or by the Commercial App being modified by You or being used together with products not provided by Siemens. 2.4 (d) Any other claims of You against Siemens or its agents or any such claims exceeding the claims provided for in this section C.2C.7, based on a defect in title, are excluded.

Industrial Property Rights and Copyrights; Defects in Title. 2.1 Unless otherwise agreed, Siemens shall provide the Commercial Apps free from conflicting third parties’ industrial property rights and copyrights (hereinafter referred to as “IPR”) with respect to the country of the place of delivery only. If a third party asserts a justified claim against You based on an infringement of an IPR by the Commercial App made by Siemens and used in conformity with the Agreement, Siemens shall be liable to You within the time period stipulated in section C.1.2 as follows: (i) Siemens shall choose whether to acquire, at its own expense, the right to use the IPR with respect to the Commercial App concerned or whether to modify the Commercial App such that it no longer infringes the IPR or replace it. If this would be impossible for Siemens under reasonable conditions, You may rescind the Agreement or reduce the remuneration pursuant to the applicable statutory provisions; (ii) The above obligations of Siemens shall apply only if You (i) immediately notify Siemens of any such claim asserted by the third party in written form, (ii) do not concede the existence of an infringement and (iii) leave any protective measures and settlement negotiations to Siemens’ discretion. If You stop using the Commercial App in order to reduce the damage or for other good reason, You shall be obliged to point out to the third party that no acknowledgement of the alleged infringement may be inferred from the fact that the use has been discontinued. (iii) Siemens’ liability to pay damages is governed by section C.4 C.3 of the Agreement; 2.2 Claims of You shall be excluded if You are responsible for the infringement of an IPR. 2.3 Claims of You are also excluded if the infringement of the IPR is caused by specifications made by You, by a type of use not foreseeable by Siemens or by the Commercial App being modified by You or being used together with products not provided by Siemens. 2.4 Any other claims of You against Siemens or its agents or any such claims exceeding the claims provided for in this section C.2, based on a defect in title, are excluded.

Industrial Property Rights and Copyrights; Defects in Title. 2.1 3.1 Unless otherwise agreed, Siemens shall provide the Commercial Apps IE Software free from conflicting third parties’ industrial property rights and copyrights (hereinafter referred to as “IPR”) with respect to the country Country of the place of delivery download only. If a third party asserts a justified claim against You based on an infringement of an IPR by the Commercial App IE Software made by Siemens and used in conformity with the AgreementXXXX, Siemens shall be liable to You within during the time period stipulated in section C.1.2 Subscription Term as follows: (i) Siemens shall choose whether to acquire, at its own expense, the right to use the IPR with respect to the Commercial App IE Software concerned or whether to modify the Commercial App IE Software such that it no longer infringes the IPR or replace it. If this would be impossible for Siemens under reasonable conditions, You may rescind the Agreement XXXX or reduce the remuneration pursuant to the applicable statutory provisions; (ii) The above obligations of Siemens shall apply only if You (i) immediately notify Siemens of any such claim asserted by the third party in written form, (ii) do not concede the existence of an infringement and (iii) leave any protective measures and settlement negotiations to Siemens’ discretion. If You stop using the Commercial App IE Software in order to reduce the damage or for other good reason, You shall be obliged to point out to the third party that no acknowledgement of the alleged infringement may be inferred from the fact that the use has been discontinued. (iii) Siemens’ liability to pay damages is governed by section C.4 of the AgreementXXXX; 2.2 3.2 Claims of You shall be excluded if You are responsible for the infringement of an IPR. 2.3 3.3 Claims of You are also excluded if the infringement of the IPR is caused by specifications made by You, by a type of use not foreseeable by Siemens or by the Commercial App IE Software being modified by You or being used together with products software not provided by Siemens. 2.4 3.4 Any other claims of You against Siemens or its agents or any such claims exceeding the claims provided for in this section C.2C.3, based on a defect in title, are excluded.

Industrial Property Rights and Copyrights; Defects in Title. 2.1 Unless otherwise agreed, Siemens shall provide the Commercial Apps free from conflicting the infringement of third parties’ industrial property rights and copyrights (hereinafter referred to as “IPR”) with respect to the country of the place of delivery only. If a third party asserts a justified claim against You based on an infringement of an IPR by the Commercial App made by Siemens and used in conformity with the Agreement, Siemens shall be liable to You within the time period stipulated in section C.1.2 C.1.3 as follows: (i) Siemens shall choose whether to acquire, at its own expense, the right to use the IPR with respect to the Commercial App concerned or whether to modify the Commercial App such that it no longer infringes the IPR or replace it. If this would be impossible for Siemens under reasonable conditions, You may rescind the Agreement or reduce the remuneration pursuant to the applicable statutory provisions; (ii) The above obligations of Siemens shall apply only if You (i) immediately notify Siemens of any such claim asserted by the third party in written form, (ii) do not concede the existence of an infringement and (iii) leave any protective measures and settlement negotiations to Siemens’ discretion. If You stop using the Commercial App in order to reduce the damage or for other good reason, You shall be obliged to point out to the third party that no acknowledgement of the alleged infringement may be inferred from the fact that the use has been discontinued. (iii) Siemens’ liability to pay damages is governed by section C.4 of the Agreement; 2.2 Claims of You shall be excluded if You are responsible for the infringement of an IPR. 2.3 Claims of You are also excluded if the infringement of the IPR is caused by specifications made by You, by a type of use not foreseeable by Siemens or by the Commercial App being modified by You or being used together with products not provided by Siemens. 2.4 Any other claims of You against Siemens or its agents or any such claims exceeding the claims provided for in this section C.2, based on a defect in title, are excluded.

Industrial Property Rights and Copyrights; Defects in Title. 2.1 (a) Unless otherwise agreed, Siemens shall provide the Commercial Apps free from conflicting third parties’ ' industrial property rights and copyrights (“hereinafter referred to as "IPR”") with respect to the country of the place of delivery only. If a third party asserts a justified claim against You based on an infringement of an IPR by the Commercial App made by Siemens and used in conformity with the Agreement, Siemens shall be liable to You within the time period stipulated in section C.1.2 C. 1 (b) as follows: (i) Siemens shall choose whether to acquire, at its own expense, the right to use the IPR with respect to the Commercial App concerned or whether to modify the Commercial App such that it no longer infringes the IPR or replace it. If this would be impossible for Siemens under reasonable conditions, You may rescind the Agreement or reduce the remuneration pursuant to the applicable statutory provisions; (ii) The above obligations of Siemens shall apply only if You You (i) immediately notify Siemens of any such claim asserted by the third party in written form, (ii) do not concede the existence of an infringement and (iii) leave any protective measures and settlement negotiations to Siemens’ ' discretion. If You stop using the Commercial App in order to reduce the damage or for other good reason, You shall be obliged to point out to the third party that no acknowledgement of the alleged infringement may be inferred from the fact that the use has been discontinued. (iii) Siemens’ ' liability to pay damages is governed by section C.4 C. 3 of the Agreement; 2.2 (b) Claims of You shall be excluded if You are responsible for the infringement of an IPR. 2.3 (c) Claims of You are also excluded if the infringement of the IPR is caused by specifications made by You, by a type of use not foreseeable by Siemens or by the Commercial App being modified by You or being used together with products not provided by Siemens. 2.4 (d) Any other claims of You against Siemens or its agents or any such claims exceeding the claims provided for in this section C.2C. 2, based on a defect in title, are excluded.

Industrial Property Rights and Copyrights; Defects in Title. 2.1 Unless otherwise agreed, Siemens shall provide the Commercial Apps free from conflicting third parties’ industrial property rights and copyrights (hereinafter referred to as “IPR”) with respect to the country of the place of delivery only. If a third party asserts a justified claim against You based on an infringement of an IPR by the Commercial App made by Siemens and used in conformity with the Agreement, Siemens shall be liable to You within the time period stipulated in section C.1.2 C.1.3 as follows: (i) Siemens shall choose whether to acquire, at its own expense, the right to use the IPR with respect to the Commercial App concerned or whether to modify the Commercial App such that it no longer infringes the IPR or replace it. If this would be impossible for Siemens under reasonable conditions, You may rescind the Agreement or reduce the remuneration pursuant to the applicable statutory provisions; (ii) The above obligations of Siemens shall apply only if You (i) immediately notify Siemens of any such claim asserted by the third party in written form, (ii) do not concede the existence of an infringement and (iii) leave any protective measures and settlement negotiations to Siemens’ discretion. If You stop using the Commercial App in order to reduce the damage or for other good reason, You shall be obliged to point out to the third party that no acknowledgement of the alleged infringement may be inferred from the fact that the use has been discontinued. (iii) Siemens’ liability to pay damages is governed by section C.4 of the Agreement; 2.2 Claims of You shall be excluded if You are responsible for the infringement of an IPR. 2.3 Claims of You are also excluded if the infringement of the IPR is caused by specifications made by You, by a type of use not foreseeable by Siemens or by the Commercial App being modified by You or being used together with products not provided by Siemens. 2.4 Any other claims of You against Siemens or its agents or any such claims exceeding the claims provided for in this section C.2, based on a defect in title, are excluded.

Industrial Property Rights and Copyrights; Defects in Title. 2.1 (a) Unless otherwise agreed, Siemens shall provide the Commercial Apps free from conflicting third parties’ ' industrial property rights and copyrights (“hereinafter referred to as "IPR”") with respect to the country of the place of delivery only. If a third party asserts a justified claim against You based on an infringement of an IPR by the Commercial App made by Siemens and used in conformity with the Agreement, Siemens shall be liable to You within the time period stipulated in section C.1.2 C.1(b) as follows: (i) Siemens shall choose whether to acquire, at its own expense, the right to use the IPR with respect to the Commercial App concerned or whether to modify the Commercial App such that it no longer infringes the IPR or replace it. If this would be impossible for Siemens under reasonable conditions, You may rescind the Agreement or reduce the remuneration pursuant to the applicable statutory provisions; (ii) The above obligations of Siemens shall apply only if You You (i) immediately notify Siemens of any such claim asserted by the third party in written form, (ii) do not concede the existence of an infringement and (iii) leave any protective measures and settlement negotiations to Siemens’ ' discretion. If You stop using the Commercial App in order to reduce the damage or for other good reason, You shall be obliged to point out to the third party that no acknowledgement of the alleged infringement may be inferred from the fact that the use has been discontinued. (iii) Siemens’ ' liability to pay damages is governed by section C.4 C. 4 of the Agreement; 2.2 (b) Claims of You shall be excluded if You are responsible for the infringement of an IPR. 2.3 (c) Claims of You are also excluded if the infringement of the IPR is caused by specifications made by You, by a type of use not foreseeable by Siemens or by the Commercial App being modified by You or being used together with products not provided by Siemens. 2.4 (d) Any other claims of You against Siemens or its agents or any such claims exceeding the claims provided for in this section C.2, based on a defect in title, are excluded.