INTELLECTUAL PROPERTY RIGHTS AND TECHNOLOGY. 11.1. You shall not, under any circumstances acquire any right in or to any of the IPRs (including, without limitation, copyright) subsisting in, resulting from or relating to the Equipment or Software, or any documents, drawings and/or specifications relating thereto supplied by the Service Provider to You in connection with the Products, unless otherwise expressly agreed by the Service Provider in writing. If You in any way acquire any such rights then You shall immediately inform the Service Provider and shall forthwith take such steps as may be required by the Service Provider to assign such rights or vest such title in the Service Provider. 11.2. You agree to comply with the terms of the Agreement and any licences required by the owner of any Intellectual Property Right in the Services and/or Software notified to You by the Service Provider or appearing on screen as an integral part of the Service. If You do not consent to any such licences, You may within 5 days of being notified of such a licence terminate the Agreement. However Your continued use of the Service or failure to terminate the Agreement will be deemed to constitute acceptance of the said licences of Software and You shall not be entitled to terminate the Agreement under this Clause. 11.3. The licence granted to You under the Agreement is personal to the named recipient and may not be leased, sublicensed, transferred, assigned, lent or otherwise disposed of unless otherwise stated in the terms of any agreements/licences provided with the Software or except to the extent permitted by Law You must not copy the Software, except to make a single copy for backup or archival purposes. Any such copy shall be subject to the Agreement as if it were the original and shall contain all notices regarding proprietary rights contained in the Software originally provided to You. This licence does not grant You any right to any enhancement, including without limitation all Charges incurred and any breaches of this Agreement.
Appears in 1 contract
Samples: Standard Terms and Conditions
INTELLECTUAL PROPERTY RIGHTS AND TECHNOLOGY. 11.16.1. You shall not, under any circumstances acquire any right in or to any of the IPRs (including, without limitation, copyright) subsisting in, resulting from or relating to the Equipment or SoftwareService, or any documents, drawings and/or specifications relating thereto supplied by the Service Provider to You in connection with the Products, unless otherwise expressly agreed by the Service Provider in writing. If You in any way acquire any such rights then You shall immediately inform the Service Provider and shall forthwith take such steps as may be required by the Service Provider to assign such rights or vest such title in the Service Provider.
11.26.2. You agree to comply with shall keep confidential and not use, without the terms prior written consent of the Agreement Service Provider, all or any information including without limit, those (as referred to in condition 6.1) supplied by the Service Provider or disclosed to or obtained by You pursuant to or as a result of this Agreement, and shall not divulge the same to any licences third party except to the extent that any such information is or becomes public through no fault of Yours, or disclosure of the same is required by law or by any other governmental or other regulatory body provided that in such cases You notify the Service Provider 14 days prior to such disclosure to allow the Service Provider to seek injunctive relief (or such other action as the Service Provider may require) to prevent such disclosure and shall provide the Service Provider with all such reasonable assistance as the Service Provider may require in order to carry out such action.
6.3. You warrant, represent and undertake that You are the owner of, or that You are authorised by the owner of, (and have the right to use) any trade mark or name that You wish to use as or in Your registered domain name (or any of any Intellectual Property Right in them) (“Domain Names”).
6.4. You acknowledge and agree that all ownership and proprietary rights to the Services and/or Software notified and the technology underlying the Services (including without limitation, software, algorithms, processes and other underlying technology) and the contents thereof and all related intellectual property are and shall remain the property exclusively of the Service Provider or its licensors, as applicable.
6.5. You shall not, nor seek to, acquire, any such intellectual property rights in or to the Services or associated technology. You shall not remove or alter any copyright notices appearing therein. Provided that You have paid all amounts due to the Service Provider, You shall have the right to use any Services ordered and delivered to You by the Service Provider hereunder solely in accordance with this Agreement.
6.6. The Service Provider employs logos, videos, audio clips, images, drawings, designs, icons, etc. (the “Content”), in addition to trademarks, service marks, and other intellectual property, controlled or appearing licensed by the Service Provider or Third Party Providers. Usage and reproduction in any format for public or commercial consumption of this Content is not permitted unless explicitly stated otherwise in writing by the Service Provider.
6.7. The Service Provider shall determinate the ownership of a registered Domain by reference to the details held on screen as an integral part of the ServiceWHOIS database. If You do the WHOIS database details are not consent to any such licences, You may within 5 days of being notified of such a licence terminate the Agreement. However Your continued use of determinative then the Service or failure to terminate the Agreement will be deemed to constitute acceptance of the said licences of Software and You Provider shall not be entitled to terminate the Agreement under this Clauserequest whatever supporting evidence it may require to ascertain ownership.
11.3. The licence granted to You under the Agreement is personal to the named recipient and may not be leased, sublicensed, transferred, assigned, lent or otherwise disposed of unless otherwise stated in the terms of any agreements/licences provided with the Software or except to the extent permitted by Law You must not copy the Software, except to make a single copy for backup or archival purposes. Any such copy shall be subject to the Agreement as if it were the original and shall contain all notices regarding proprietary rights contained in the Software originally provided to You. This licence does not grant You any right to any enhancement, including without limitation all Charges incurred and any breaches of this Agreement.
Appears in 1 contract
Samples: Domain Services Agreement
INTELLECTUAL PROPERTY RIGHTS AND TECHNOLOGY. 11.1. You shall not, under any circumstances acquire any right in or to any of the IPRs (including, without limitation, copyright) subsisting in, resulting from or relating to the Equipment or Software, or any documents, drawings and/or specifications relating thereto supplied by the Service Provider to You in connection with the Products, unless otherwise expressly agreed by the Service Provider in writing. If You in any way acquire any such rights then You shall immediately inform the Service Provider and shall forthwith take such steps as may be required by the Service Provider to assign such rights or vest such title in the Service Provider.
11.2. You agree to comply with the terms of the Agreement and any licences licenses required by the owner of any Intellectual Property Right in the Services and/or Software notified to You by the Service Provider or appearing on screen as an integral part of the Service. If You do not consent to any such licenceslicenses, You may within 5 days of being notified of such a licence license terminate the Agreement. However Your continued use of the Service or failure so to terminate the Agreement will be deemed to constitute acceptance of the said licences licenses of Software and You shall not be entitled to terminate the Agreement under this Clause.
11.3. The licence license granted to You under the Agreement is personal to the named recipient and may not be leased, sublicensed, transferred, assigned, lent or otherwise disposed of unless otherwise stated in the terms of any agreements/licences licenses provided with the Software or except to the extent permitted by Law You must not copy the Software, except to make a single copy for backup or archival purposes. Any such copy shall be subject to the Agreement as if it were the original and shall contain all notices regarding proprietary rights contained in the Software originally provided to You. This licence license does not grant You any right to any enhancement, including without limitation all Charges incurred reversion or update to the Software. However the Service Provider or its licensors may at any time upon 25 days prior written notice, make available require You to accept such enhancements, reversions or updates and may cease to distribute or license previous versions of the Software to You. You must comply with the terms of the Agreement (and any breaches other license agreements governing such Software) in relation to such enhanced, revised or updated Software as if it were the original Software. The Service Provider shall be entitled to charge You its then current standard charges for such Software and any enhancements, reversions and updates.
11.4. The Service Provider shall have the right to apply any trade marks, trade names and/or service marks to the Equipment or Software. Unless otherwise agreed, You acknowledge that no rights are granted to You by the use by You of this Agreementsuch trade marks, trade names and/or service marks and You shall not deface, remove or obliterate any trade marks, trade names or logos applied by the Service Provider on or in relation to the Equipment or Software.
11.5. Where the Equipment or Software are not manufactured by the Service Provider, the Service Provider gives no assurance or guarantee that the sale or use of the Equipment or Software will not infringe the IPRs of any third party.
Appears in 1 contract
Samples: Standard Terms and Conditions
INTELLECTUAL PROPERTY RIGHTS AND TECHNOLOGY. 11.1. You shall not, under any circumstances acquire any right in or to any of the IPRs (including, without limitation, copyright) subsisting in, resulting from or relating to the Equipment or Software, or any documents, drawings and/or specifications relating thereto supplied by the Service Provider to You in connection with the Productsproducts, unless otherwise expressly agreed by the Service Provider in writing. If You in any way acquire any such rights rights, then You shall immediately inform the Service Provider and shall forthwith take such steps as may be required by the Service Provider to assign such rights or vest such title in the Service Provider.
11.2. You agree to comply with the terms of the Agreement and any licences licenses required by the owner of any Intellectual Property Right IPR in the Services and/or Software notified to You by the Service Provider or appearing on screen as an integral part of the Service. If You do not consent to any such licenceslicenses, You may within 5 days three (3) days’ of being notified of such a licence license terminate the Agreement. However Your continued use of the Service or failure so to terminate the Agreement will be deemed to constitute acceptance of the said licences licenses of Software and You shall not be entitled to terminate the Agreement under this Clause.
11.3. The licence license granted to You under the Agreement is personal to the named recipient and may not be leased, sublicensed, transferred, assigned, lent or otherwise disposed of unless otherwise stated in the terms of any agreements/licences licenses provided with the Software or except to the extent permitted by Law and You must not copy the Software, except to make a single copy for backup or archival purposes. Any such copy shall be subject to the Agreement as if it were the original and shall contain all notices regarding proprietary rights contained in the Software originally provided to You. This licence license does not grant You any right to any enhancement, reversion or update to the Software. However, the Service Provider or its licensors may at any time upon twenty-five (25) days’ prior written notice, require You to accept such enhancements, reversions or updates and may cease to distribute or license previous versions of the Software to You. You must comply with the terms of the Agreement (and any other license agreements governing such Software) in relation to such enhanced, revised or updated Software as if it were the original Software. The Service Provider shall be entitled to charge You its then current standard charges for such Software and any enhancements, reversions and updates.
11.4. The Service Provider shall have the right to apply any trade marks, trade names and/or service marks to the Equipment or Software. Unless otherwise agreed, You acknowledge that no rights are granted to You by the use by You of such trade marks, trade names and/or service marks and You shall not deface, remove or obliterate any trade marks, trade names or logos applied by the Service Provider on or in relation to the Equipment or Software.
11.5. Where the Equipment or Software are not manufactured by the Service Provider, the Service Provider gives no assurance or guarantee that the sale or use of the Equipment or Software will not infringe the IPRs of any third party.
11.6. In relation to any third-party claim that Your use of the Services constitutes infringement of any IPR owned by a third party, You shall:
11.6.1 immediately notify the Service Provider in writing of an infringement or allegation of infringement;
11.6.2 allow the Service Provider (and/or its relevant licensor) to conduct all negotiations and proceedings, defences and give the Service Provider (and/or its licensor) reasonable assistance as requested by the Service Provider (and/or its licensors); and
11.6.3 make no admission relation to the infringement or alleged infringement.
11.7. If at any time an allegation of infringement of copyright is made, the Service Provider (and/or its Licensor) may:
11.7.1 procure for You to have the right to continue using the relevant Service;
11.7.2 replace or modify the Service to make it non-infringing without substantially affecting the functionality of the same Service; or
11.7.3 take such action as the Service Provider (and/or its licensor) shall reasonably deem appropriate to avoid or settle any such infringement or alleged infringement.
11.8. You shall keep confidential and not use, without the prior written consent of the Service Provider, all or any information including without limitation all Charges incurred and any breaches limit, those (as referred to in Clause 11.1) supplied by the Service Provider or disclosed to or obtained by You pursuant to or as a result of this Agreement, and shall not divulge the same to any third party except to the extent that any such information is or becomes public through no fault of Yours, or disclosure of the same is required by law or by any other governmental or other Regulatory Body provided that in such cases You notify the Service Provider fourteen (14) days’ prior to such disclosure to allow the Service Provider to seek injunctive relief (or such other action as the Service Provider may require) to prevent such disclosure and shall provide the Service Provider with all such reasonable assistance as the Service Provider may require in order to carry out such action.
00.0. Xxx warrant, represent and undertake that You are the owner of, or that You are authorised by the owner of, (and have the right to use) any trade xxxx or name that You wish to use as or in Your registered domain name (or any of them) (“Domain Names”).
Appears in 1 contract