Common use of Intellectual Rights Clause in Contracts

Intellectual Rights. 14.1 In the event of claims against Buyer because of infringement of an intellectual property right or a copyright of a third party in using Seller’s Products or services, Seller shall be responsible to obtain the right for Buyer to continue using such Products or services, provided that Buyer gives immediate written notice of such third party claims and Seller’s rights to take all appropriate defensive and out-of-court actions are reserved. If, despite such actions, it proves impossible to continue using Seller’s Products or services under reasonable economic conditions, it shall be understood and agreed that Seller may, at Seller’s discretion, modify or replace the particular Product or service for removal of a legal deficiency, or reclaim such Product or service with refunding of the sales price previously paid to Seller less a certain deduction to account for the age of the Product or service in question.

Intellectual Rights. 14.1 In the event of claims against Buyer because of infringement of an intellectual property right or a copyright of a third party in using Seller’s Products or services, Seller shall be responsible to obtain the right for Buyer to continue using such Products or services, provided that Buyer Xxxxx gives immediate written notice of such third party claims and Seller’s rights to take all appropriate defensive and out-of-court actions are reserved. If, despite such actions, it proves impossible to continue using Seller’s Products or services under reasonable economic conditions, it shall be understood and agreed that Seller may, at Seller’s discretion, modify or replace the particular Product or service for removal of a legal deficiency, or reclaim such Product or service with refunding of the sales price previously paid to Seller less a certain deduction to account for the age of the Product or service in question.