Common use of Intellectual Property Rights of Third Parties Clause in Contracts

Intellectual Property Rights of Third Parties. 12.1. The Buyer shall bear the sole responsibility for the obtaining of intellectual property rights in the ordered design of the goods as well as in all printed matter, drafts and completed specimens and shall indemnify the Seller and hold the Seller harmless against all claims, costs, damages, and expenses (including legal expenses) resulting from any actual or alleged infringement of any third party intellectual property rights. 12.2. Notwithstanding the above, the intellectual property rights in any specifications written or determined by the Seller as well as designs, samples, sample rolls, patterns, and other information attributable to the Seller shall remain the exclusive property of the Seller. 12.3. The Buyer shall not assert any claims to intellectual property rights, copyrights or any other rights to specifications written or determined by the Seller or design, samples, sample rolls, patterns, and other information attributable to the Seller, nor manufacture or have manufactured for itself or for third parties any objects in which, or in the manufacture of which, any information or knowledge of the Seller was used directly or indirectly; nor shall the Buyer use any of the designs, documents, information or knowledge directly or indirectly made available by or made known to it by the Seller for the purposes of securing own intellectual property rights or copyrights or preventing the granting of intellectual property rights or copyrights to the Seller. 12.4. If the Buyer secures any intellectual property rights in violation of Articles 12.2 and 12.3, the Buyer hereby agrees that the Seller shall own all right, title and interest in and to such intellectual property. To the extent that the right, title and interest in and to such intellectual property cannot be assigned to the Seller pursuant to this Article 12.4 under applicable laws, the Buyer hereby grants to the Seller an exclusive, irrevocable, royalty-free, world-wide and perpetual license to use, sub-license, assign, modify, develop, enhance and otherwise exploit in any manner the intellectual property.

Appears in 4 contracts

Samples: General Terms and Conditions of Sale, Sales Contracts, General Terms and Conditions of Sale

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Intellectual Property Rights of Third Parties. 12.1. The Buyer shall bear the sole responsibility for the obtaining of intellectual property rights in the ordered design of the goods as well as in all printed matter, drafts and completed specimens and shall indemnify the Seller and hold the Seller harmless against all claims, costs, damages, and expenses (including legal expenses) resulting from any actual or alleged infringement of any third party intellectual property rights. 12.2. Notwithstanding the above, the intellectual property rights in any specifications written or determined by the Seller as well as designs, samples, sample rolls, patterns, and other information attributable to the Seller shall remain the exclusive property of the Seller. 12.3. The Buyer shall not assert any claims to intellectual property rights, copyrights or any other rights to specifications written or determined by the Seller or design, samples, sample rolls, patterns, and other information attributable to the Seller, nor manufacture or have manufactured for itself or for third parties any objects in which, or in the manufacture of which, any information or knowledge of the Seller was used directly or indirectly; nor shall the Buyer use any of the designs, documents, information or knowledge directly or indirectly made available by or made known to it by the Seller for the purposes of securing own intellectual property rights or copyrights or preventing the granting of intellectual property rights or copyrights to the Seller. 12.4. If the Buyer secures any intellectual property rights in violation of Articles 12.2 and 12.3, the Buyer hereby agrees that the Seller shall own all right, title and interest in and to voluntarily transfer such intellectual property. To the extent that the right, title and interest in and to such intellectual property cannot be assigned rights to the Seller pursuant to this Article 12.4 under applicable laws, without any charges. Expenses incurring from registration of such transfer with the Buyer hereby grants to competent authority shall be at the Seller an exclusive, irrevocable, royalty-free, world-wide and perpetual license to use, sub-license, assign, modify, develop, enhance and otherwise exploit in any manner the intellectual propertyBuyer’s own account.

Appears in 4 contracts

Samples: Sales Contracts, Sales Contracts, Sales Contracts

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Intellectual Property Rights of Third Parties. 12.110.1. The Buyer buyer shall bear the sole responsibility for the obtaining of intellectual property rights in the ordered design of the goods as well as in all printed matter, drafts and completed specimens and shall indemnify the Seller Delfort and hold the Seller Delfort harmless against all claims, costs, damages, and expenses (including legal expenses) resulting from any actual or alleged infringement of any third party intellectual property rights. 12.210.2. Notwithstanding the above, the intellectual property rights in any specifications written or determined by the Seller Xxxxxxx as well as designs, samples, sample rolls, patterns, and other information attributable to the Seller Delfort shall remain the exclusive property of the SellerXxxxxxx. 12.310.3. The Buyer buyer shall not assert any claims to intellectual property rights, copyrights or any other rights to specifications written or determined by the Seller Delfort or design, samples, sample rolls, patterns, and other information attributable to the SellerDelfort, nor manufacture or have manufactured for itself or for third parties any objects in which, or in the manufacture of which, any information or knowledge of the Seller Delfort was used directly or indirectly; nor shall the Buyer buyer use any of the designs, documents, information or knowledge directly or indirectly made available by or made known to it by the Seller Delfort for the purposes of securing its own intellectual property rights or copyrights or preventing the granting of intellectual property rights or copyrights to the SellerDelfort. 12.410.4. If the Buyer buyer secures any intellectual property rights in violation of Articles 12.2 10.2 and 12.310.3, the Buyer buyer hereby agrees that the Seller Xxxxxxx shall own all right, title and interest in and to such intellectual property. To the extent that the right, title and interest in and to such intellectual property cannot be assigned to the Seller Delfort pursuant to this Article 12.4 10.4 under applicable laws, the Buyer buyer hereby grants to the Seller Delfort an exclusive, irrevocable, royalty-free, world-wide and perpetual license to use, sub-license, assign, modify, develop, enhance and otherwise exploit in any manner the intellectual property.

Appears in 2 contracts

Samples: General Terms and Conditions of Sale, Terms and Conditions

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