Intellectual Property Rights Infringement. Entco will defend and/or settle any claims against Customer that allege that an Entco-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Entco will rely on Customer’s prompt notification of the claim and cooperation with our defense. Entco may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-paid amount or, for professional services, the amount paid. Entco is not responsible for claims resulting from any unauthorized use of the products or services. This section shall also apply to deliverables identified as such in the relevant Support Material for except that Entco is not responsible for claims resulting from deliverables content or design provided by Customer.
Appears in 3 contracts
Samples: Customer Terms, Professional Services, Customer Terms
Intellectual Property Rights Infringement. Entco will defend and/or settle any claims against Customer that allege that an Entco-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Entco will rely on Customer’s prompt notification of the claim and cooperation with our defense. Entco may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-pre- paid amount or, for professional services, the amount paid. Entco is not responsible for claims resulting from any unauthorized use of the products or services. This section shall also apply to deliverables identified as such in the relevant Support Material for except that Entco is not responsible for claims resulting from deliverables content or design provided by Customer.
Appears in 3 contracts
Samples: Customer Terms, Entco Agreement, Professional Services
Intellectual Property Rights Infringement. Entco Entcorp will defend and/or settle any claims against Customer that allege that an EntcoEntcorp-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Entco Entcorp will rely on Customer’s prompt notification of the claim and cooperation with our defense. Entco Entcorp may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-paid amount or, for professional services, the amount paid. Entco Entcorp is not responsible for claims resulting from any unauthorized use of the products or services. This section shall also apply to deliverables identified as such in the relevant Support Material for except that Entco Entcorp is not responsible for claims resulting from deliverables content or design provided by Customer.
Appears in 3 contracts
Samples: Customer Terms, Customer Terms, Customer Terms
Intellectual Property Rights Infringement. Entco will defend and/or settle any claims against Customer that allege that an Entco-branded software product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Entco will rely on Customer’s prompt notification of the claim and cooperation with our defense. Entco may modify the software product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected software product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-paid amount or, for professional services, the amount paid. Entco is not responsible for claims resulting from any unauthorized use of the software products or services. This section shall also apply to deliverables identified as such in the relevant Support Material for except that Entco is not responsible for claims resulting from deliverables content or design provided by Customer.
Appears in 3 contracts
Samples: Customer Terms Software, Software License Agreement, Customer Terms Software
Intellectual Property Rights Infringement. Entco will defend and/or settle any claims against Customer that allege that an Entco-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Entco will rely on Customer’s prompt notification of the claim and cooperation with our defense. Entco may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-pre- paid amount or, for professional services, the amount paid. Entco is not responsible for claims resulting from any unauthorized use of the products or services. This section shall also apply to deliverables identified as such in the relevant Support Material for except that Entco is not responsible for claims resulting from deliverables content or design provided by Customer.to
Appears in 2 contracts
Samples: Professional Services, Professional Services
Intellectual Property Rights Infringement. Entco EntIT will defend and/or settle any claims against Customer that allege that an EntcoEntIT-branded software product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Entco EntIT will rely on Customer’s prompt notification of the claim and cooperation with our defense. Entco EntIT may modify the software product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected software product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-paid amount or, for professional services, the amount paid. Entco EntIT is not responsible for claims resulting from any unauthorized use of the software products or services. This section shall also apply to deliverables identified as such in the relevant Support Material for except that Entco EntIT is not responsible for claims resulting from deliverables content or design provided by Customer.
Appears in 2 contracts
Samples: Software License Agreement, Software License Agreement
Intellectual Property Rights Infringement. Entco will defend and/or settle any claims against Customer that allege that an Entco-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Entco will rely on Customer’s prompt notification of the claim and cooperation with our defense. Entco may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-paid amount or, for professional professional/consulting services, the amount paid. Entco is not responsible for claims resulting from any unauthorized use of the products or services. This section shall also apply to deliverables identified as such in the relevant Support Material for except that Entco is not responsible for claims resulting from deliverables content or design provided by Customer.
Appears in 2 contracts
Samples: Professional Services, Customer Terms
Intellectual Property Rights Infringement. Entco EntIT will defend and/or settle any claims against Customer that allege that an EntcoEntIT-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Entco EntIT will rely on Customer’s prompt notification of the claim and cooperation with our defense. Entco EntIT may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-pre- paid amount or, for professional services, the amount paid. Entco EntIT is not responsible for claims resulting from any unauthorized use of the products or services. This section shall also apply to deliverables identified as such in the relevant Support Material for except that Entco is not responsible for claims resulting from deliverables content or design provided by Customer.to
Appears in 1 contract
Samples: Professional Services
Intellectual Property Rights Infringement. Entco will defend and/or settle any claims against Customer that allege that an Entco-branded software product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Entco will rely on Customer’s prompt notification of the claim and cooperation with our defense. Entco may modify the software product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected software product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-paid amount or, for professional servicesprofessional, the amount paid. Entco is not responsible for claims resulting from any unauthorized use of the software products or services. This section shall also apply to deliverables identified as such in the relevant Support Material for except that Entco is not responsible for claims resulting from deliverables content or design provided by Customer.
Appears in 1 contract
Samples: Customer Terms Software
Intellectual Property Rights Infringement. Entco will defend and/or settle any claims against Customer that allege that an Entco-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Entco will rely on Customer’s prompt notification of the claim and cooperation with our the defense. Entco may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-paid amount or, for professional services, the amount paid. Entco is not responsible for claims resulting from any unauthorized use of the products or services. This section shall also apply to deliverables identified as such in the relevant Support Material for except that Entco is not responsible for claims resulting from deliverables content or design provided by Customer.
Appears in 1 contract
Samples: Customer Terms
Intellectual Property Rights Infringement. Entco will defend and/or settle any claims against Customer that allege that an Entco-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Entco will rely on Customer’s prompt notification of the claim and cooperation with our the defense. Entco may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-pre- paid amount or, for professional services, the amount paid. Entco is not responsible for claims resulting from any unauthorized use of the products or services. This section shall also apply to deliverables identified as such in the relevant Support Material for except that Entco is not responsible for claims resulting from deliverables content or design provided by Customer.
Appears in 1 contract
Samples: Professional Services
Intellectual Property Rights Infringement. Entco EntIT will defend and/or settle any claims against Customer that allege that an EntcoEntIT-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Entco EntIT will rely on Customer’s prompt notification of the claim and cooperation with our defense. Entco EntIT may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-paid amount or, for professional services, the amount paid. Entco EntIT is not responsible for claims resulting from any unauthorized use of the products or services. This section shall also apply to deliverables identified as such in the relevant Support Material for except that Entco EntIT is not responsible for claims resulting from deliverables content or design provided by Customer.
Appears in 1 contract
Samples: Customer Terms
Intellectual Property Rights Infringement. Entco will defend and/or settle any claims against Customer that allege that an Entco-branded software product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Entco will rely on Customer’s prompt notification of the claim and cooperation with our the defense. Entco may modify the software product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected software product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-paid amount or, for professional services, the amount paid. Entco is not responsible for claims resulting from any unauthorized use of the software products or services. This section shall also apply to deliverables identified as such in the relevant Support Material for except that Entco is not responsible for claims resulting from deliverables content or design provided by Customer.
Appears in 1 contract
Samples: Customer Terms Software
Intellectual Property Rights Infringement. Entco will defend and/or settle any claims against Customer that allege that an Entco-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Entco will rely on Customer’s prompt notification of the claim and cooperation with our defense. Entco may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-pre- paid amount or, for professional services, the amount paid. Entco is not responsible for claims resulting from any unauthorized use of the products or services. This section shall also apply to deliverables identified as such in the relevant Support Material for except that Entco is not responsible for claims resulting from deliverables content or design provided by Customer.
Appears in 1 contract
Samples: Professional Services
Intellectual Property Rights Infringement. Entco Entcorp will defend and/or settle any claims against Customer that allege that an EntcoEntcorp-branded software product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Entco Entcorp will rely on Customer’s prompt notification of the claim and cooperation with our defense. Entco Entcorp may modify the software product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected software product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-paid amount or, for professional services, the amount paid. Entco Entcorp is not responsible for claims resulting from any unauthorized use of the software products or services. This section shall also apply to deliverables identified as such in the relevant Support Material for except that Entco Entcorp is not responsible for claims resulting from deliverables content or design provided by Customer.
Appears in 1 contract
Samples: Customer Terms Software
Intellectual Property Rights Infringement. Entco will defend and/or settle any claims against Customer that allege that an Entco-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Entco will rely on Customer’s prompt notification of the claim and cooperation with our defense. Entco may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-paid amount or, for professional services, the amount paid. Entco is not responsible for claims resulting from any unauthorized use of the products or services. This section shall also apply to deliverables identified as such in the relevant Support Supporting Material for except that Entco is not responsible for claims resulting from deliverables content or design provided by Customer.
Appears in 1 contract
Samples: Customer Terms