Common use of Infringement/Malware Clause in Contracts

Infringement/Malware. Seller shall engage in commercially reasonable efforts to monitor the Goods supplied hereunder for infringement of third party intellectual property and the presence of viruses or other malicious code. TRUMPF represents that (i) the Goods are not known to infringe, violate or misappropriate any intellectual property right(s) of third parties; (ii) that TRUMPF has all of the rights, permits, licenses and authority known to be necessary to perform its obligations hereunder; and (iii) the Goods, including any software and the media it is delivered on, have been scanned for and been found to be free from viruses and other malicious code. Seller shall, subject to the limitations of liability governing this Agreement, defend and indemnify Buyer against all third party claims and liability required to be paid by Buyer to the extent arising out of Seller’s negligence or malfeasance in monitoring the Goods as provided herein or in making the foregoing representations. In no event shall Seller be liable for any loss or damage under a claim of infringement or misappropriation, or the introduction of malware, arising out of the combination or integration of the Goods with any Integrated Product.

Infringement/Malware. Seller shall engage in commercially reasonable efforts to monitor the Goods supplied hereunder for infringement of third third-party intellectual property and the presence of viruses or other malicious code. TRUMPF represents that (i) the Goods are not known to infringe, violate or misappropriate any intellectual property right(s) of third parties; (ii) that TRUMPF has all of the rights, permits, licenses and authority known to be necessary to perform its obligations hereunder; and (iii) the Goods, including any software and the media it is delivered on, have been scanned for and been found to be free from viruses and other malicious code. Seller shall, subject to the limitations of liability governing this Agreement, defend and indemnify Buyer against all third third-party claims and liability required to be paid by Buyer to the extent arising out of Seller’s negligence or malfeasance in monitoring the Goods as provided herein or in making the foregoing representations. In no event shall Seller be liable for any loss or damage under a claim of infringement or misappropriation, or the introduction of malware, arising out of the combination or integration of the Goods with any Integrated Product.

Infringement/Malware. Seller shall engage in commercially reasonable efforts to monitor the Goods supplied hereunder for infringement of third third-party intellectual property and the presence of viruses or other malicious code. TRUMPF represents that (i) the Goods are not known to infringe, violate or misappropriate any intellectual property right(s) of third parties; (ii) that TRUMPF has all of the rights, permits, licenses and authority known to be necessary to perform its obligations hereunder; and (iii) the Goods, including any software and the media it is delivered on, have been scanned for and been found to be free from viruses and other malicious code. Seller shall, subject to the limitations of liability governing this Agreement, defend and indemnify Buyer against all third third-party claims and liability required to be paid by Buyer to the extent arising out of Seller’s negligence or malfeasance in monitoring the Goods as provided herein or in making the foregoing representations. In no event shall Seller be liable for any loss or damage under a claim of infringement or misappropriation, or the introduction of malware, arising out of the combination or integration of the Goods with any Integrated Product.

Infringement/Malware. Seller shall engage in commercially reasonable efforts to monitor the Goods supplied hereunder for infringement of third third-party intellectual property and the presence of viruses or other malicious code. TRUMPF represents that (i) the Goods are not known to infringe, violate or misappropriate any intellectual property right(s) of third parties; (ii) that TRUMPF has all of the rights, permits, licenses and authority known to be necessary to perform its obligations hereunder; and (iii) the Goods, including any software and the media it is delivered on, have been scanned for and been found to be free from viruses and other malicious code. Seller shall, subject to the limitations of liability governing this Agreement, defend and indemnify Buyer against all third party claims and liability required to be paid by Buyer to the extent arising out of Seller’s negligence or malfeasance in monitoring the Goods as provided herein or in making the foregoing representations. In no event shall Seller be liable for any loss or damage under a claim of infringement or misappropriation, or the introduction of malware, arising out of the combination or integration of the Goods with any Integrated Product.

Infringement/Malware. Seller shall engage in commercially reasonable efforts to monitor the Goods supplied hereunder for infringement of third party intellectual property and the presence of viruses or other malicious code. TRUMPF TR represents that (i) the Goods are not known to infringe, violate or misappropriate any intellectual property right(s) of third parties; (ii) that TRUMPF TR has all of the rights, permits, licenses and authority known to knownto be necessary to perform its obligations hereunder; and (iii) the Goods, including any software and the media it is delivered on, have been scanned for and been found to be free from freefrom viruses and other malicious code. Seller shall, subject to the limitations of liability governing this Agreement, defend and indemnify Buyer against all third party claims and liability required to be paid by Buyer to the extent arising out of Seller’s negligence or malfeasance in monitoring the Goods as provided herein or in making the foregoing representations. In no event shall Seller be liable for any loss or damage under a claim of infringement or misappropriation, or the introduction of malware, arising out of the combination or integration of the Goods with any Integrated Product.