Legal defects. 3.1 The liability of the Seller for the Goods not to be in breach of any third-party industrial property rights or copyrights shall be limited to the Federal Republic of Germany and the country in which the Buyer is registered. The Seller shall have no such liability for any other country, such as any country to which the Goods may be moved by the Buyer, unless such other country has been notified by the Buyer to the Seller prior to awarding the contract or placing the order for the Goods.
3.2 If the use of the Goods delivered by the Seller to the Buyer is in breach of any third-party industrial property rights or copyrights and the Seller is liable for said breach according to Clause 3.1 hereinabove, the Seller shall, at its cost, obtain for the Buyer the right to continue the use of said Goods or xxxxxx said Goods in a manner reasonably acceptable to the Buyer so that said Goods will no longer be in breach of any such industrial property rights or copyrights. If such rights cannot be obtained at reasonable commercial terms or within a reasonable period of time and if the Goods cannot be so modified, then the Buyer shall have the right, at its discretion, to rescind the contract awarded by the Buyer to the Seller or the order placed by the Buyer with the Seller or to obtain from the Seller a reasonable reduction in the price of said Goods. The Seller shall in any such event further indemnify the Buyer against any undisputed claims or any claims determined by non-appealable court decision of the owners of such industrial property rights or copyrights.
3.3 Subject to Clause 3.4 hereinbelow, the Buyer shall not have the rights under Clause 3.2 hereinabove, unless – the Buyer notifies the Seller promptly of any breach of industrial property rights or copy- rights claimed by any third party, – the Buyer reasonably supports the defense of any such claims by the Seller and allows the Seller to make modifications as referred to in Clause 3.2 hereinabove, – the Buyer allows the Seller to defend at its own cost any such claim or to make any out-of- court settlement with respect to any such claim as the Seller may think fit, – the legal defect is not due to any instructions given by the Buyer to the Seller and – the legal defect is not due to any modification of the Goods by the Buyer or any use of the Goods not in conformity with the intended use.
3.4 Notwithstanding the limitations in Clauses 3.2 and 3.3 hereinabove, the provisions laid down by law shall apply, if...
Legal defects. If use of the object of purchase leads to commercial property rights or copyrights being breached in Germany, MAN shall, in principle, obtain the right, at its expense, for the Purchaser to continue using the object of purchase or modify the object of purchase for the Purchaser in a reasonable manner to ensure that the property rights are no longer breached. If this is not possible on economically reasonable terms or within a reasonable period, the Purchaser shall be entitled to withdraw from the Agreement. MAN shall also be entitled to withdraw from the Agreement under the preconditions men- tioned. In addition, MAN shall indemnify the Purchaser against undisputed claims or those that have been established in law by the holder of the property rights.
Legal defects. 14.24.1 The Performance shall be deemed to have legal defects if it is encumbered with a right of a third party or if the Contractor is obliged to create such third-party rights (e.g. with the right resulting from industrial and intellectual property, lien and the like). The Performance shall also be deemed to have legal defects in the case pursuant to Section 433 (2) of the Act No. 513/1991 Coll. Commercial Code as amended (hereinafter referred to as “Commercial Code”). The application of Section 434 of Commercial Code shall be excluded for the purposes of this Contract (hereinafter referred to as “the Legal Defects”).
14.24.2 SE shall be obliged to notify the Contractor of the defects in writing after he has learned about the exercise of the third-party right.
14.24.3 If the Performance has any legal defect, SE shall be entitled to request from the Contractor to remove the legal defects without undue delay and at its own expense, not later than within 30 days after the delivery of SE’s written notice on the Legal defect, unless set otherwise by SE in the notice.
14.24.4 If the Contractor fails to remove the legal defects of the Performance within the deadline pursuant to preceding clause, SE shall be entitled to:
(i) request a discount on the Price; or
(ii) withdraw from the Contract.
14.24.5 SE is obliged to make the choice of the entitlements according to preceding clause within 30 days after expiry of the deadline pursuant to clause 14.24.3 herein. Until the time of removal of the Legal defects, SE shall not be obliged to pay that part of the Price which would correspond to the SE’s right to a discount if the Legal Defects were not removed.
14.24.6 In the case of Legal defects of any component of the Performance, the Contractor shall be also obliged to defend SE, at its expense, against the claims of third parties resulting from the breach of their rights, and to pay all sums, in particular, the costs, damages and costs of legal representation, which will be adjudicated by a final court decision to a third party, or to which such a third party will be entitled, according to a third party settlement agreement approved by the Contractor, provided that SE notify the Contractor in written form of the Legal defects within the deadline pursuant to preceding clause and allow the Contractor to cooperate with SE in the defence and related negotiations on a settlement. In such a case, the Contractor shall have the obligations referred to in this clause also in ...
Legal defects. 1. In as far as rights of third parties prevent the contractual use of the product the Buyer shall inform the Seller without undue delay of the assertion of such rights of third parties and shall give the Seller all powers of attorney and grant all authorities required to defend the product against the rights of third parties asserted at its own costs.
2. In as far as the rights of third parties prevent the contractual use of the product the Seller shall, at its discretion, introduce appropriate measures to eliminate the rights of third parties or the assertion thereof, procure the right of use from the third party at its cost or alter or replace the product in such a manner that it no longer infringes the rights of third parties if and in so far as the compliance of the product with the agreement is not impaired.
3. The Buyer is entitled to rescind the agreement or to reduce the purchase price if the subsequent performance in accordance with XI.2 cannot be expected of the Buyer, the Seller refuses it according to § 439 Abs. 4 BGB or the subsequent performance is not executed by the Seller within a reasonable period set by the Buyer. In the event of minor disruption to the contractual use of the product the agreement shall not be rescinded.
4. A claim for compensation in accordance with statutory regulations and the regulations set out in XII. can only be made if the Seller knew or should have known of the contradictory third party rights.
5. The Buyer cannot make the aforementioned claims if infringement of the rights of third parties is based on the Buyer's specifications and the Seller had no knowledge of the contradictory rights of third parties or such lack of knowledge was not due to gross negligence.
6. All claims, with exception of any claims in accordance with XII.1(b), shall become statute-barred after expiry of 12 months after delivery of the products to the Buyer. The limitation provisions of § 445b BGB remain unaffected.
Legal defects. If a third party starts legal action claiming that the Software infringes other’s copyright, title or industrial rights in Norway, Xxxxx shall at its own expense defend the Customer’s interest. This should however only apply to the extent the Customer immediately notifies Xxxxx of such claims, that Xxxxx gains control of the case and that the Customer co-operates with Xxxxx in the negotiations and potential court proceedings. Xxxxx shall in such case cover awarded legal costs and compensation. No other claims than these stated in this clause 8 can be put forward against Xxxxx as a result of legal defects.
Legal defects. 1. In as far as rights of third parties prevent the contractual use of the product the Buyer shall inform the Seller without undue delay of the assertion of such rights of third parties and shall give the Seller all powers of attorney and grant all authorities required to defend the product against the rights of third parties asserted at its own costs.
2. In as far as the rights of third parties prevent the contractual use of the product the Seller shall, at its discretion, introduce appropriate measures to eliminate the rights of third parties or the assertion thereof, procure the right of use from the third party at its cost or alter or replace the merchandise in such a manner that it no longer infringes the rights of third parties if and in so far as the compliance of the product with the contract is not impaired.
3. The Buyer is entitled to rescind the contract or to reduce the purchase price if the subsequent fulfilment in accordance with XI.2 cannot be expected of the customer, is refused by the Seller or is not executed by the Seller within a reasonable deadline set by the customer. In the event of minor disruption to the contractual use of the product the contract may not be rescinded.
4. A claim for compensation in accordance with statutory regulations and the regulations set out in XII. can only be made if the Seller new or should have known of the contradictory third party rights.
5. The Buyer cannot make the aforementioned claims if infringement of the rights of third parties is based on the Buyer's specifications and the Seller had no knowledge of the contradictory rights of third parties or such lack of knowledge was not due to gross negligence.
6. All claims, with exception of any claims in accordance with XII., shall become statute-barred after delivery.
Legal defects. 1. In as far as rights of third parties prevent the contractual use of the merchandise the buyer shall inform Pfinder without undue delay of the assertion of such rights of third parties and shall give Pfinder all powers of attorney and grant all authorities required to defend the merchandise against the rights of third parties asserted at its own costs.
2. In as far as the rights of third parties pre- vent the contractual use of the xxxxxxx- xxxx Pfinder shall, at its discretion, intro- duce appropriate measures to eliminate the rights of third parties or the assertion thereof, procure the right of use from the third party at its cost or alter or replace the merchandise in such a manner that it no longer infringes the rights of third parties if and in so far as the compliance of the mer- chandise with the contract is not impaired.
3. The buyer is entitled to rescind the contract or to reduce the purchase price if the sub- sequent fulfilment in accordance with XII.2 cannot be expected of the customer, is re- fused by Pfinder or is not executed by Pfinder within a reasonable deadline set by the customer. In the event of minor disrup- tion to the contractual use of the xxxxxxx- xxxx the contract may not be rescinded.
4. A claim for compensation in accordance with statutory regulations and the regula- tions set out in XIII. can only be made if Pfinder knew or ought to have known the contradictory third party rights.
5. The buyer cannot make the aforemen- tioned claims if infringement of the rights of third parties is based on the buyer's speci- fications and Pfinder had no knowledge of the contradictory rights of third parties or such lack of knowledge was not due to gross negligence.
6. All claims with the exception of any claims in accordance with XIII. shall become stat- ute-barred after expiry of 12 months after the delivery.
Legal defects. If a third party starts legal action claiming that the Service infringes other’s copyright, title or industrial rights in Norway, Virinco shall at its own expense defend Your interest. This should however only apply to the extent You immediately notify Virinco of such claims, that Virinco gets full control of the case and that You co-operates with Virinco in the negotiations and potential court proceedings. Virinco shall in such case cover awarded legal costs and compensation. No other claims than these stated in this clause 8 can be put forward against Virinco as a result of legal defects.
Legal defects. 1. In the event that the subject matter of the Agreement is affected by legal defects, the Contractor shall immediately remove such defects, no later than within the deadline set by the Contracting Party. The Contractor shall cover all costs incurred by the Contracting Party as a result of the disclosed legal defects, including documented costs relating to claims by third parties.
2. If the delay in removing the legal defects exceeds 1 week, the Contracting Party shall be entitled to renounce the Agreement. The provisions of § 14 (2) shall apply accordingly.
3. A legal defect disclosed during the acceptance of the subject matter of the Agreement shall be treated as a material defect in each case and its removal shall be subject to the regime described in § 9 (4) (1-3).
Legal defects. (1) The software delivered or provided by Licensor shall be free from third party rights, which prevent the use in accordance with the contract.
(2) If third parties are entitled to such rights and they pursue these, then Licensor shall do everything in its power in order to defend the Software against the third party rights claimed. Licensee shall inform Licensor in writing without delay of the claiming of such rights by third parties and shall give Licensor all powers of attorney and authorizations which are necessary in order to defend the Software against the third party rights claimed.
(3) To the extent that there are legal defects, Licensor is (a) entitled at its option to either (i) take legit- imate measures to remove the third party rights, which impair the contractual use of the software, or (ii) remedy the enforcement of such claims, or (iii) change or replace the software in such a manner, that it no longer infringes the rights of third parties, provided and to the extent that this does not substantially impair the warranted functionality of the software, and (b) under an obliga- tion to reimburse Licensee for its necessary refundable costs incurred in the enforcement of legal claims.
(4) If a release under para. 3 fails within a reasonable time limit set by Licensee, then Licensee may, at its option, withdraw from this Agreement subject to statutory prerequisites or claim reduction of the price and claim damages.
(5) In all other respects section 5 para. 2 and 3 apply accordingly.
