INTELLECTUAL PROPERTY RIGHTS AND INFRINGEMENT. 26.1 All rights, titles and interests (including rights in source code, instructions, documentation and tools) in and relating to the Equipment (including Hardware and Software) shall belong exclusively to Worldline Nordics, Worldline Nordics’ affiliates, sub-contractors and/or licensors (as the case may be). All copyright, as well as other Intellectual Property Rights, related to the Equipment, and products included therein as well as related documentation and know-how, including such source code, specifications, documentation and similar added by request of the Merchant, constitutes Worldline Nordics’ property.
26.2 Nothing contained in this Agreement involves, and shall not be construed as involving, any assignment or transfer of any ownership, copyright or other Intellectual Property Right in and to the Equipment except for the Merchant’s limited right to use the Equipment in accordance with the terms of the Agreement.
26.3 The Merchant undertakes not to:
a) dismantle, reverse engineer, decompile or modify the Equipment or in some other manner try to gain access to the Equipment or let someone else gain such access, or
b) copy, sell, change, modify transfer, grant, sub-license, lease or lend or in some other manner dispose or take possession of the Equipment, neither shall the Merchant let someone else in other manners or by omission gain access to the Equipment or the underlying Software or its source code in any manner unless expressly permitted in this Agreement or otherwise follows from mandatory law.
26.4 Subject to the limitations as described under section 7 to the General Terms and Conditions and section 29 to the Special Terms and Conditions and provided that the Merchant is using the Equipment in accordance with this Agreement and the Instructions, Worldline Nordics will hold the Merchant harmless from any potential claims or actions brought against the Merchant for infringement in any third party’s intellectual property right for using the Software. This undertaking will only apply provided (i) that the Merchant will give immediate notice to Worldline Nordics of such claims or actions brought against the Merchant, (ii) that Worldline Nordics is entitled to decide on the defence of such claim or action and conduct negotiations of settlements or other arrangement, (iii) that the Merchant on its own expense delivers all available information to Worldline Nordics, and (iv) that the Merchant will provide Worldline Nordics with all reasonable assi...
INTELLECTUAL PROPERTY RIGHTS AND INFRINGEMENT. 14.1 Licensee acknowledges Licensor’s ownership of and/or right to license the Technology, and acknowledges that its use of the same pursuant to this Agreement shall not give Licensee any right, title or interest in or to the same, save the right to use the same as expressly permitted by this Agreement.
14.2 Licensee shall forthwith give written notice to Licensor of any of the following which shall come to its notice:
(a) any infringement or threatened infringement of, or any challenge to, any of the Patents;
(b) any inadvertent disclosure or unauthorised use of the Know how or other Technology;
(c) any application for a trade mark or patent made by or any patent or trade xxxx granted to a third party by reason of which the third party may be granted, or may have been granted, rights which conflict with any of the rights granted to Licensee under any Patent or Trade Mark;
(d) any application made for a compulsory licence under any Patent; or
(e) any allegation made by a third party that the exercise by Licensee of any of the rights granted to it under this Agreement, in the manner and for the purposes contemplated by this Agreement, infringes any rights belonging to that third party.
14.3 Licensor shall take such action as it thinks fit but shall not be obliged to institute or defend any action in respect of such infringement or other matters as aforesaid, provided that such obligation shall not apply where, in Licensor’s reasonable opinion, formed in good faith and having regard to the interests of Licensee and all other relevant circumstances, the infringement or other matter(s) as aforesaid do(es) not materially adversely affect Licensee’s exercise of the rights and licences granted to it hereunder. If Licensor, in its sole discretion, takes action in respect of the same, Licensee acknowledges that Licensor shall be solely responsible for the conduct of such action, including its prosecution, defence or settlement, and Licensee shall make no admission as to liability and shall not agree to any settlement or compromise of any action, and shall at Licensor’s expense (subject to Licensor’s prior written approval of the same) give Licensor all such assistance as Licensor may reasonably require in connection therewith.
14.4 Should Licensor decide not to institute or defend any such legal action of which it is advised by Licensee pursuant to Clause 14.2, it shall so notify Licensee in which event Licensee shall be entitled, at its sole cost, to institute or ...
INTELLECTUAL PROPERTY RIGHTS AND INFRINGEMENT. 25.1 Unless the Parties otherwise agree in writing all Intellectual Property which originates from, or is owned or developed by, a Party will remain in the ownership of that Party; and
25.2 Nothing in the Interconnection Agreement will confer on a Party any rights or interests in or licenses to use or to permit or cause use to be made of the Intellectual Property of the other Party.
25.3 It will be the responsibility of each Party to ensure that it (at its own cost) obtains any necessary consents or licenses in relation to Intellectual Property used in its network that may be required to enable the other Party to observe or perform its obligations under the Interconnection Agreement.
INTELLECTUAL PROPERTY RIGHTS AND INFRINGEMENT. ARTSYL shall defend at its expense any action brought against VAR to the extent that such action is based on a claim that a Product infringes a United States patent, copyright, or trademark, provided that: (i) VAR notifies ARTSYL promptly in writing of notice of such action or claim; (ii) VAR cooperates with ARTSYL, at ARTSYL’s expense; and (iii) ARTSYL has exclusive control of the defense of any action or claim and all negotiation, settlement or compromise of such claim. Should the Product be held, or be likely to be held, to infringe on United States patent or other property right, VAR shall permit ARTSYL, at its option and expense, to procure for VAR the right to continue using the Product, to replace or alter the Product to render it non- infringing, or to accept the return of the Product for a refund of the VAR’s purchase price less depreciation deducted on a five year straight-line basis. ARTSYL shall not be liable with respect to any claim of patent infringement or other property right infringement which is based upon the combination of ARTSYL’s Products with other equipment not produced by ARTSYL, or a product or part specified by VAR or manufactured to VAR's design. The foregoing states the entire obligation and liability of ARTSYL with respect to infringement of patents, copyrights or other intellectual property rights.
INTELLECTUAL PROPERTY RIGHTS AND INFRINGEMENT a) The RETAIL PARTNER hereby acknowledges and agrees that MAN KI DEAL and MAN KI DEAL is the absolute owner of all right, title and interest in their respective name, logo, visual representation and shall not acquire any interest in any such trade names or copyright by virtue of this Agreement, its activities under it or its Affiliates with MAN KI DEAL.
b) The RETAIL PARTNER shall have no right, title and interest to use any of the trademarks, trade names logos and product of MAN KI DEAL and MAN KI DEAL or such other trademark, brand name and product, trade name, label or logo as may be originated by MAN KI DEAL & MAN KI DEAL from time to time.
c) Each party shall at all times, render assistance in its power to restrain the infringement or colorable imitation of any such trade descriptions, trade names, or trade marks.
INTELLECTUAL PROPERTY RIGHTS AND INFRINGEMENT. 8.1 Patentable Inventions. BI shall own all Inventions made solely by its employees and agents, and all Patent Rights claiming such Inventions. Vion shall own all Inventions made solely by its employees and agents, and all Patent Rights claiming such Inventions. All Inventions made jointly by employees or agents of BI and employees or agents of Vion shall be owned jointly by BI and Vion ("Joint Inventions").
INTELLECTUAL PROPERTY RIGHTS AND INFRINGEMENT. Caspeco owns or possesses all intellectual property rights (both existing and future rights, including copyright and rights to computer programs and systems) regarding the Services, and the Customer is not granted any right to Xxxxxxx’s intellectual property rights other than where specified in the Agreement.
INTELLECTUAL PROPERTY RIGHTS AND INFRINGEMENT. 7.1. Within the context of this Agreement “Intellectual Property Rights” shall mean, without limitation, any and all patents, utility models, trademarks, rights in designs, trade, business or domain names, know-how, rights in databases and copyrights, rights in inventions, trade secrets and other confidential information and all other intellectual property rights of a similar or corresponding character which may now or in the future subsist in any part of the world and whether registered or not.
INTELLECTUAL PROPERTY RIGHTS AND INFRINGEMENT. 5.1 All rights, titles and interests (including rights in source code, instructions, documentation and tools) in and relating to the Equipment (including Hardware and Software) shall belong exclusively to Bambora, Bambora’s affiliates, sub- contractors and/or licensors (as the case may be). All copyright, as well as other Intellectual Property Rights, related to the Equipment, and products included therein as well as related documentation and know-how, including such source code, specifications, documentation and similar added by request of the Merchant, constitutes Bambora's property.
5.2 Nothing contained in this Agreement involves, and shall not be construed as involving, any assignment or transfer of any ownership, copyright or other Intellectual Property Right in and to the Equipment except for the Merchant's limited right to use the Equipment in accordance with the terms of the Agreement.
5.3 The Merchant undertakes not to:
a) dismantle, reverse engineer, decompile or modify the Equipment or in some other manner try to gain access to the Equipment or let someone else gain such access, or
b) copy, sell, change, modify transfer, grant, sub-license, lease or lend or in some other manner dispose or take possession of the Equipment, neither shall the Merchant let someone else in other manners or by omission gain access to the Equipment or the underlying Software or its source code in any manner unless expressly permitted in this Agreement or otherwise follows from mandatory law.
5.4 Subject to the limitations as described under section 7 to the General Terms and Conditions and section 8 to the Special Terms and Conditions and provided that the Merchant is using the Equipment in accordance with this Agreement and the Instructions, Bambora will hold the Merchant harmless from any potential claims or actions brought against the Merchant for infringement in any third party’s intellectual property right for using the Software. This undertaking will only apply provided (i) that the Merchant will give immediate notice to Bambora of such claims or actions brought against the Merchant, (ii) that Bambora is entitled to decide on the defense of such claim or action and conduct negotiations of settlements or other arrangement, (iii) that the Merchant on its own expense delivers all available information to Bambora, and (iv) that the Merchant will provide Bambora with all reasonable assistance to conduct said defense, settlement or other arrangement. If the Equipment ...
