Intellectual Property Warranty. CONTRACTOR represents and warrants that its performance of all obligations under this Contract does not infringe in any way, directly or contributorily, upon any third party’s intellectual property rights, including, without limitation, patent, copyright, trademark, trade secret, right of publicity and proprietary information.
Intellectual Property Warranty. Supplier further warrants to Buyer that at all times all Goods and or Services (including any Deliverables) will not be in violation of or infringe any Intellectual Property Rights of any person.
Intellectual Property Warranty. Seller represents and warrants that, to its knowledge, the Goods provided under this Agreement do not infringe on any patent, trademark, or other proprietary right of a third party.
Intellectual Property Warranty. 10.1 ACO warrants that it owns the Australian Intellectual Property Rights in the Licensed Material, or has the right to licence the Licensed Material in Australia and the Australian Intellectual Property Rights in the Licensed Material under this Agreement.
10.2 The Certified Party acknowledges that except as provided in clause 10.1 above, ACO does not warrant that it owns any Intellectual Property Rights in the Licensed Material or has any right to licence the Licensed Material or the Intellectual Property Rights in the Licensed Material.
10.3 If this Agreement licenses or otherwise allows the Certified Party to use or do any other act in relation to the Licensed Material outside Australia, then: the Certified Party acknowledges that it may be necessary for the Certified Party to obtain further licences, from third parties, in relation to such use or other act outside Australia; and the Certified Party agrees to obtain any such necessary third-party licences.
Intellectual Property Warranty. Seller warrants that the sale, offering for sale, use, or incorporation into manufactured goods and Materials (including software) of all machines, parts, components, services, devices, material, and rights furnished or licensed hereunder which are not Buyer’s design, composition, or manufacture does not and will not infringe and valid patent, copyright, trademark, or other proprietary or intellectual property rights.
Intellectual Property Warranty. The MediaNet Group Technologies BrandAPort Service and the operation of the site(s) and co-branded site(s) as currently operated by MediaNet Group Technologies, Inc. is designed to provide a link taking the end-user to it's originating website. Other than claims arising out of the use of the BrandAPort services, MediaNet Group Technologies shall not be responsible for unauthorized use of the Co-branded sites by Reseller, users of Reseller's or Buyers' Sites.
Intellectual Property Warranty. SUPPLIER represents and warrants to FIRST TRANSIT INC. that:
(i) SUPPLIER owns, has obtained or is able to obtain, valid licenses for all Intellectual Property Rights that are necessary for the performance of its obligations under the Agreement; (ii) SUPPLIER owns, has obtained or is able to obtain, valid licenses for all intellectual property provided to FIRST TRANSIT INC. under this Agreement (the “Licensed Intellectual Property”); (iii) as of the Effective Date there are no pending or to the knowledge of SUPPLIER threatened disputes or claims against SUPPLIER alleging that the use of the Licensed Intellectual Property by SUPPLIER misappropriates or infringes the intellectual property rights of third parties; (iv) none of the rights licensed to FIRST TRANSIT INC. hereunder conflicts with any license or covenant not to xxx granted by SUPPLIER to any third party; (v) all Licensed Intellectual Property is free of any and all restrictions, settlements, judgments or adverse claims; and (vi) there is no copyright, patent, or trade secret or other proprietary right of a third party that would be infringed or misappropriated by FIRST TRANSIT INC.’s use of the Licensed Intellectual Property and/or any other intellectual property provided under this Agreement.
Intellectual Property Warranty. CONTRACTOR warrants and represents that it has secured all rights and licenses necessary for any and all materials, services, processes, software, or hardware (“CONTRACTOR PRODUCTS”) to be provided by CONTRACTOR in the performance of this AGREEMENT, including but not limited to any copyright, trademark, patent, trade secret, or right of publicity rights. CONTRACTOR hereby grants to COUNTY, or represents that it has secured from third parties, an irrevocable license (or sublicense) to reproduce, distribute, perform, display, prepare derivative works, make, use, sell, import, use in commerce, or otherwise utilize CONTRACTOR PRODUCTS to the extent reasonably necessary to use the CONTRACTOR PRODUCTS in the manner contemplated by this agreement. CONTRACTOR further warrants and represents that it knows of no allegations, claims, or threatened claims that the CONTRACTOR PRODUCTS provided to COUNTY under this Agreement infringe any patent, copyright, trademark or other proprietary right. In the event that any third party asserts a claim of infringement against the COUNTY relating to a CONTRACTOR PRODUCT, CONTRACTOR shall indemnify and defend the COUNTY pursuant to Paragraph 2 of this AGREEMENT. In the case of any such claim of infringement, CONTRACTOR shall either, at its option, (1) procure for COUNTY the right to continue using the CONTRACTOR Products; or (2) replace or modify the CONTRACTOR Products so that that they become non-infringing, but equivalent in functionality and performance.
Intellectual Property Warranty. Customer warrants: (a) that it has the right to grant to EIS the right to use the Customer Materials and the Customer Marks to EIS; (b) it has obtained from the applicable provider of the Customer Materials the right for EIS and its subcontractor to host and use the Customer Materials in accordance with Section 8.4 (Customer Materials) of Attachment A hereto; and (c) that Customer’s use of the Customer Materials complies with all applicable license terms, terms of use and other usage terms as set forth by the providers of such materials.
Intellectual Property Warranty. The Supplier warrants that it has all of the rights necessary to en- ter into this agreement and that the font software does not breach the intellectual property rights of any third party.
