LEGAL INFRINGEMENTS Sample Clauses

LEGAL INFRINGEMENTS. I understand that neither the University of Warwick nor the British Library have any obligation to take legal action on behalf of myself, or other rights holders, in the event of infringement of intellectual property rights, breach of contract or of any other right, in the thesis. Student’s signature: ......................................................…… Date: .......................................................... Revised July 2014 1. Xxxxxxxx on Knowledge and the Enquirer 2 2. Enquiry and the Value of Knowledge 16
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LEGAL INFRINGEMENTS. I understand that neither the University of Warwick nor the British Library have any obligation to take legal action on behalf of myself, or other rights holders, in the event of infringement of intellectual property rights, breach of contract or of any other right, in the thesis. Student’s signature: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date: . . . . . . . . . . . . . . . .
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LEGAL INFRINGEMENTS. I understand that neither the University of Warwick nor the British Library have any obligation to take legal action on behalf of myself, or other rights holders, in the event of infringement of intellectual property rights, breach of contract or of any other right, in the thesis. Student’s signature: ............................................................. Date: .......................................................... 1.1 Background 1 1.2 Existing Approaches 3 1.3 Thesis Organization and Main Contributions 4 2.1 Functional Magnetic Resonance Imaging 5 2.1.1 A Brief Introduction to MRI 5 2.1.2 Hemodynamic Response 9 2.2 Pre-processing of fMRI Data 10 2.3 Statistical Modeling of fMRI Data 11 2.4 Heritability and Twin Studies 14 2.5 Inference on Heritability 15 2.5.1 Terminology on Heritability Analysis 16 2.5.2 Permutation Test and FWE Correction 18 2.5.3 Bootstrapping Confidence Interval 20 2.5.4 Summary Statistics 22 3.1 The General Linear Model 24 3.2 Brief Review of the Existing Methods 27 3.2.1 Xxxxxxxx’x Method 27 3.2.2 Bayesian Restricted Maximum Likelihood 28 3.2.3 Structural Equation Modeling 29 3.3 Frequentist Restricted Maximum Likelihood 30 3.3.1 Restricted Likelihood Maximum 31 3.3.2 Xxxxxx Scoring Algorithm 32
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LEGAL INFRINGEMENTS. I understand that neither the University of Warwick nor the British Library have any obligation to take legal action on behalf of myself, or other rights holders, in the event of infringement of intellectual property rights, breach of contract or of any other right, in the thesis. Student’s signature: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date: . . . . . . . . . . . . . . . . 1.1 Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.2 Main results and layout of the thesis . . . . . . . . . . . . . . . . . . 2 1.2.1 Part I: Generating minimally transitive groups . . . . . . . . 2 1.2.2 Part II: Generating transitive groups . . . . . . . . . . . . . . 3 1.3 Notation and terminology . . . . . . . . . . . . . . . . . . . . . . . . 6 2.1 Permutation groups . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2.1.1 Group actions and transitivity . . . . . . . . . . . . . . . . . 7 2.1.2 Transitive actions . . . . . . . . . . . . . . . . . . . . . . . . . 8 2.2 Induced modules for finite groups . . . . . . . . . . . . . . . . . . . . 12 2.3 Further results from representations . . . . . . . . . . . . . . . . . . 14 2.4 Number Theory: The prime counting function . . . . . . . . . . . . . 16 I Generating minimally transitive groups 17 3.1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 3.2 Some observations on minimally transitive groups . . . . . . . . . . . 19 3.3 Crown-based powers . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 3.4 Indices of proper subgroups in finite simple groups . . . . . . . . . . 22 3.5 The proof of Theorem 1.2.1 24 Chapter 4 Minimally transitive groups of degree 2m3 28 4.1 Introduction 28 4.2 Subgroups of index 2m3 in direct products of nonabelian simple groups 29 4.3 The proof of Theorem 1.2.4 34 5.1 Introduction 40 5.2 Partially ordered sets 41 5.3 Preliminary results on induced modules for finite groups 42 5.3.1 Composition factors in induced modules 42
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LEGAL INFRINGEMENTS. I understand that neither the University of Warwick nor the British Library have any obligation to take legal action on behalf of myself, or other rights holders, in the event of infringement of intellectual property rights, breach of contract or of any other right, in the thesis. Student’s signature: ......................................................…… Date: .......................................................... 1.1 Literature Review 3 1.2 Outline and results of the thesis 11 2.1 Basic Definitions 19 2.1.1 Calculus on R 19 2.1.2 Calculus on a Xxxxxx Space 20 2.2 Classical Partial Differential Equations 20 2.3 Stochastic Differential Equations 21 2.4 Stochastic Representation of Solutions to Partial Differential Equations 25 2.5 The Fokker–Xxxxxx Equation 26 2.6 Surface Partial Differential Equations 29 3.1 The Problem 32 3.2 Formulation of the Problem in arc-length parameter. 34 3.3 Formulation of the Problem along flow lines 37 3.4 Scaling Properties of the PDE 37 4.1 Sub–Critical Regime 40 4.1.1 Vanishing and boundedness of the solution 40 4.1.2 Power law for the behaviour of the solution near the singularity 44 4.2 Critical Regime 48 4.2.1 Vanishing of the solution and a power law 50 4.3 Super–Critical Regime 56 4.3.1 Boundedness of the solution 56 4.3.2 Behaviour of the solution at the singularity 60 5.1 Sub–Critical Regime 67 5.2 Critical Regime 74 5.2.1 Short–Time Existence 74 5.2.2 Bounds on the trajectories of the SDE 77 5.3 Super–Critical Regime 78 6.1 Rougher Initial Conditions 81 6.1.1 Sub–Critical Regime 82 6.2 Deterministic Perturbation 84 6.2.1 Sub–Critical Regime 84 6.3 Stochastic Perturbation 86 6.3.1 A Heuristic exploration into the noise 86 6.3.2 Sub–Critical Regime 88 7.1 Parameterisation of the Problem 95 7.2 Scaling properties of the PDEs 101 7.2.1 Scaling of the heat equation 101 7.2.2 Scaling of the density equation 102 8.1 Sub–Critical Regime 104 8.2 Critical Regime 113 8.3 Super–Critical Regime 119 9.1 Formulation of the Continuation of the Solution 129 9.2 Existence of a continued Stochastic Process 132 10.1 The Problem 143 10.1.1 Formulation of the Problem in arc-length parameter. 144 10.2 Analysis of the Problem 146 11.1 Open problems raised in the thesis 149 11.1.1 Problem I: Before the singularity 149 11.1.2 Problem I: After the singularity 149 11.1.3 Perturbation of Problem I 150 11.1.4 Problem II: Before the singularity 150 11.1.5 Problem II: After the singularity 152 11.1.6 Problem III 152 11.2 Future research prob...
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LEGAL INFRINGEMENTS. I understand that neither the University of Warwick nor the British Library have any obligation to take legal action on behalf of myself, or other rights holders, in the event of infringement of intellectual property rights, breach of contract or of any other right, in the thesis. Student’s signature: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date: . . . . . . . . . . . . . . . . . 3.3 L21 Co2MnSi and B2 CoMn0.5Si0.5 . . . . . . . . . . . . . . . . . . . 18 Chapter 4 Half-metallicity of CoFexMn0.5−xGaySi0.5−y 21 5.5 Mean free path 38 List of Figures‌ 2.1 Schematic diagrams of the muffin-tin potential 9 2.2 Construction of the coherent potential 12 3.1 Crystal structures of Heusler alloys 16 3.2 Schematic representations of density of states for metals, ferromag- nets and half-metals 16 3.3 Spin polarised density of states for Co with the HCP and FCC structure 19 3.4 Spin polarised density of states for L21 Co2MnSi and B2 CoMn0.5Si0. 4.1 Band gap analysis for minority spin 22 4.2 Spin polarised density of states plot of CoFe0Mn0.5Ga0.025Si0.475 and CoFe0.5Mn0Ga0.5Si0 23 4.3 DOS difference analysis 24 4.4 Combination of the band gap and density of states difference at Fermi level information 25 5.1 Primitive cell of simple cubic lattice 33 5.2 Xxxxx spectral function of L21 Co2MnSi and B2 CoMn0.5Si0.5 34 5.3 Spin up and down Xxxxx spectral function of B2 CoMn0.5Si0.5 sliced by the Γ-X×Γ-X plane through the Fermi surface. 35 5.4 Minority spin Xxxxx spectral function at ky = 0 of B2 CoMn0.5Si0.5 sliced by the Γ-X×Γ-X plane through the Fermi surface at s = (sf − 0.004)Ry, (sf − 0.002)Ry, sf Ry, (sf + 0.002)Ry and (sf + 0.004)Ry . 36 5.5 Fermi velocity analysis for minority spin 37 5.6 Fermi velocity analysis for majority spin 38 5.7 The real data and the fitting of the cropped Xxxxx spectral function 39 5.8 Mean free path analysis for minority spin 40 5.9 Mean free path analysis for majority spin 40 6.1 Combination of the band gap analysis, density of states difference at the Fermi level and the mean free path calculations information . . . 42 Acknowledgments‌ I would like to pay special thanks to Xxxx. X. X. Xxxxxxxx for her wise supervision throughout my MRes studies, not only that but also for supporting me with my job hunting. I am also very grateful to Xx. X. Bell and the half-metals team at York university for providing me some insights into experimental work being done. My thoughts also go to my friends, too many to be named, bu...
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LEGAL INFRINGEMENTS. I understand that neither the University of Warwick nor the British Library have any obligation to take legal action on behalf of myself, or other rights holders, in the event of infringement of intellectual property rights, breach of contract or of any other right, in the thesis. Student’s signature: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date: . . . . . . . . . . . . . . . . . Local Analogues to z ∼ 5 Xxxxx Break Galaxies Contents List of Tables v List of Figures vi Acknowledgments viii Declarations x Abstract xi Chapter 1 Introduction 1 1.1 The First Galaxies & The Epoch of Reionization . . . . . . . . . . . 2 1.2 How to Identify High-Redshift Galaxies . . . . . . . . . . . . . . . . 5 1.2.1 The Xxxxx Break, or Dropout, Technique . . . . . . . . . . . 5 1.2.2 Other techniques . . . . . . . . . . . . . . . . . . . . . . . . . 7 1.3 Xxxxx Break Galaxies . . . . . . . . . . . . . . . . . . . . . . . . . . 8
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LEGAL INFRINGEMENTS. I understand that neither the University of Warwick nor the British Library have any obligation to take legal action on behalf of myself, or other rights holders, in the event of infringement of intellectual property rights, breach of contract or of any other right, in the thesis. Student’s signature: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date: . . . . . . . . . . . . . . . . . Chapter 1 Introduction and preliminaries 1 1.1 Introduction, motivation and history 1 1.2 Basic concepts 5 1.3 Weighted projective space 7 1.4 Cyclic quotient singularities 9 1.5 The Xxxxxxx syzygies theorem 14 2.1 Preliminaries 18 2.2 Main result and proof 23 2.3 Examples and applications 32 Chapter 3 Generalising the formula to arbitrary rational functions 44 3.1 Definitions, examples and observations in the curve orbifold locus case 44 3.2 The “isolated” case 48 3.3 The curve locus case 51 3.4 Generalisations of the “curve” locus case 60 4.1 Main theorem and examples 70 4.2 First parsing 80 4.3 Contributions from orbipoints 81 4.4 Contributions from orbicurves 82 4.5 End of proof 91 5.1 Understanding the curve orbifold locus more completely 94 5.2 Towards general results with arbitrary orbifold locus 97 5.3 General formulae without the symmetric assumption 102 Acknowledgments‌ First and foremost massive thanks are due to my supervisor Xxxxx Xxxx for guidance, support and help throughout the course of my PhD, especially when things (perhaps inevitably) became difficult. His deep subject knowledge, ability to generate ideas and sheer enthusiasm for the topic have all been invaluable, as has his ability to navigate through the administrative loops when required. I am also grateful to Xxxxx Xxxxx for a number of useful discussions, and Xxxxxxxxx Xxxx for sharing her insight in these areas. Throughout my time at War- wick I have been fortunate enough to be backed by a team of colleagues and visiting experts, and I would like to thank all of them for the assistance they provided. My work at Warwick was supported by an EPSRC grant. I was fortunate enough to be able to visit places as far away as Moscow, Seoul and Shanghai in the course of my studies and would like to thank Xxxx Xxxxxxxxx, Xxxxxxx Xxx and Xxxx Xxxx for inviting me and making sure I was suitably looked after. Thanks also must go to my friends Xxxxx, Xxxxxxx and Xxxxxxx for taking time out of their busy lives to help me feel welcome and show me around. My journey as a budding Mathematician sta...
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LEGAL INFRINGEMENTS. I understand that neither the University of Warwick nor the British Library have any obligation to take legal action on behalf of myself, or other rights holders, in the event of infringement of intellectual property rights, breach of contract or of any other right, in the thesis. Student’s signature: ......................................................…… Date: .......................................................... 1.7.3 The Xxxxxx Group of Field 21 1.7.4 Xxxxxx-Xxxxx Obstruction 23 1.8 Xxxxxxx’x Theorem 25 Chapter 2 Properties of HS(K) 31 2.1 Background 31 2.2 First Results 35 2.2.1 Relation between H0(K) and r(S, K) 39 2.3 HS(K) and Hyperplane Sections 40 2.4 Universal Equivalence 40 2.5 Weak Approximation and HS(K) 43 2.6 HS(R) 44 2.7 HS(Qp) 46 3.1 Main Theorem 51 4.1 Setup 57 4.2 Lonely Points 58 4.3 Some Geometry 65 4.4 Point Generation 68 5.1 The Xxxxxxx-Xxxx rank over Fq 84 I could not put into words my gratitude for my supervisor, Xxxxx Xxx- xxx, for his support, invaluable comments, and guidance the past four years. Without him, my research wouldn’t have been so fulfilling and exciting as it has been, or even possible. Furthermore, I would also like to thank my teachers throughout the years, especially Xxxxxxxx Xxxxxxxxxxxxx and Xxxxx Xxxxxxxxxxxxxxxxx. They are part of some of the most treasured memories I have kept from my journey in Mathematics so far. I am also grateful to Xxxxxxx Xxxxx, for his help, guidance, and the fact that he was there to give me the tools to formulate crucial geometric arguments of my thesis. To my supportive partner, Xxxxxx, I would like to offer my deepest gratitude; for her peer review, emotional support, and the unmeasurable deal of help with LATEX. This thesis would not have been possible without my family in Greece, Xxxxxxxx, Xxxxxxxxx and Xxxxxxx, as they provided more financial support they could afford. Also, their understanding to the challenges that writing a thesis poses could not go unmentioned. My special thanks also go to my friends Xxxx, Xxxxxxxx and Xxxxx. They may have been far away, but our communication encouraged me and made this time in my life much easier. I would also like to thank Xxxxxxx and Xxxxxxxx, two peers and dear friends that I had the luck of meeting during the first year of my studies in Warwick. Their help and friendship has been invaluable. At this point I should thank my dear friends, Xxxxx and Xxxxxxx. Living in Coventry would have been a challenge, but they filled it with fu...
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  • Infringement (a) For Xxxxxx Products, only, and subject to the limitations of liability stated in Section 13, Xxxxxx agrees to: (1) defend any suit or proceeding against Customer, insofar as it is based on a claim or action by third parties alleging that a Xxxxxx Product delivered to Customer directly infringes a U.S. trademark, copyright, mask works right or patent of a third party, and (2) pay all damages and costs, including legal fees, which may be assessed against Customer in such action that are attributable to such claim; provided, however, that Customer shall give Xxxxxx prompt notice, in writing, of all such claims or actions instituted against it, and an opportunity to elect to take over, settle or defend the same through counsel of Xxxxxx’ own choice and under Xxxxxx’ sole discretion and at Xxxxxx’ own expense, and will make available to Xxxxxx in the event of such election, all defenses against such claims or actions, known or available to Customer. If a Xxxxxx Product become (or in Xxxxxx’ reasonable opinion is likely to become) the subject of any such action or claim, Xxxxxx shall, at its option and expense, pursue one or more of the following options: (i) Procure for Customer the right to continue using such Xxxxxx Product; or (ii) Replace or modify such Xxxxxx Product so that it becomes non-infringing while providing equivalent performance; or (iii) Grant a refund for the payments made by Customer to Xxxxxx for all units of such Xxxxxx Product then in Customer’s possession (upon Xxxxxx’ receipt of such units within ninety (90) days after notifying Customer of the granting of such refund), and terminate this Agreement with respect to such Xxxxxx Product. Notwithstanding the above, Xxxxxx shall not be obligated to indemnify or hold harmless Customer if the alleged infringement arises out of : (1) any combination of Xxxxxx Products with products not supplied or approved in writing by Xxxxxx, where such infringement would not have occurred but for such combination; (2) the modification or customization of Xxxxxx Products not performed by Xxxxxx, where such infringement would not have occurred but for such modification or customization; (3) the use of a Xxxxxx Product in an application for which it was not designed or intended, where such infringement would not have occurred but for such use; (4) a claim based on intellectual property rights owned by Customer or any of companies controlled by, controlling or under common control with Customer; or (5) where the Xxxxxx Products were designed by Xxxxxx to Customer’s specification. Contributory infringement is specifically excluded from this indemnity. (a) states Customer’s sole and exclusive remedy in the event that a Xxxxxx Product infringes on the intellectual property right of any third party. (b) In the event a claim is based partially on an indemnified claim described in Article 11(a) above and partially on a non-indemnified claim , any payments and reasonable attorney fees incurred in connection with such claims are to be apportioned between the parties in accordance with the degree of cause attributable to each party. (c) Obligations related to Third Party Products are expressly excluded from Xxxxxx’ obligations to Customer under this Section 11.

  • Intellectual Property Infringement If a third party makes a claim against Customer that the Licensed Software or Documentation directly infringe any patent issued as of the two years following the Effective Date or any copyright, trade secret or trademark ("IP Claim"); Siebel will defend Customer or Distributor against the IP Claim and pay all costs, damages and expenses (including reasonable legal fees) awarded against Customer or Distributor by a court of competent jurisdiction or agreed to in a written settlement agreement signed by Siebel arising out of such IP Claim; provided that: (i) Customer or Distributor promptly notifies Siebel in writing no later than sixty (60) days after Customer's or Distributor's receipt of notification of a potential claim, (ii) Siebel may assume sole control of the defense of such claim and all related settlement negotiations; and (iii) Customer or Distributor provides Siebel, at Siebel's request and expense, with the assistance, information and authority necessary to perform Siebel's obligations under this Section. Notwithstanding the foregoing, Siebel shall have no liability for any claim of infringement based on (a) the use of a superseded or altered release of Licensed Software if the infringement would have been avoided by the use of a current unaltered release of the Licensed Software, which Siebel provided to Distributor, (b) the modification of the Licensed Software, or (c) the use of the Licensed Software other than in accordance with the Documentation. If, due to an IP Claim, (i) the Licensed Software is held by a court of competent jurisdiction or are believed by Siebel to infringe, or (ii) Customer or Distributor receives a valid court order enjoining Customer or Distributor from using the Licensed Software, Siebel shall in its reasonable judgment, and at its expense, (a) replace or modify the Licensed Software to be non-infringing; (b) obtain for Distributor and/or its Customers a license to continue using the Licensed Software, or (c) if Siebel cannot reasonably obtain the remedies in (a) or (b), terminate the license for the infringing Licensed Software and refund the license fees paid to Siebel for such Licensed Software upon its return by Distributor. This Section 9 states Siebel's entire liability and Distributor's exclusive remedy for any claim of infringement.

  • Non-Infringement To the knowledge of the Company, there is no unauthorized use, unauthorized disclosure, infringement or misappropriation of any Company-Owned Intellectual Property by any third party. The Company has not brought any Legal Proceeding for infringement or misappropriation of any Company-Owned Intellectual Property. The Company does not have any Liability for infringement or misappropriation of any Third-Party Intellectual Property. The operation of the Business, including (i) the design, development, manufacturing, reproduction, marketing, licensing, sale, offer for sale, importation, distribution, provision and/or use of any Company Product and/or Company-Owned Intellectual Property and (ii) the Company’s import or use of any product, device, process or service used in the Business as previously conducted and currently conducted by the Company and any product, device, process or service currently in development by the Company, has not, does not, and will not infringe (directly or indirectly, including via contribution or inducement), misappropriate or violate any Third-Party Intellectual Property, breach any terms of service, click-through agreement or any other agreement (including any rules or policies incorporated into any terms of service, click-through agreement or any other agreement legally binding the Company) applicable to use of such Third-Party Intellectual Property, and does not constitute unfair competition or unfair trade practices under the Applicable Law of any jurisdiction in which the Company conducts the Business or in which Company Products are imported, manufactured, marketed, distributed, used, licensed or sold and there is no basis for any such claims. The Company has not been sued in any Legal Proceeding or received any written communications (including any third-party reports by users) alleging that the Company has infringed, misappropriated, or violated or, by conducting the Business, would infringe, misappropriate, or violate any Intellectual Property of any other Person or entity. No Company-Owned Intellectual Property or Company Product is subject to any Legal Proceeding, Order, or settlement agreement that restricts in any manner the use, transfer or licensing thereof by the Company, or that may affect the validity, use or enforceability of any Company Intellectual Property. The Company has not sought or received any opinion of counsel regarding any actual or potential infringement or misappropriation of any Third-Party Intellectual Property arising from or relating to design, development, manufacturing, reproduction, marketing, licensing, sale, offer for sale, importation, distribution, provision and/or use of any Company Product or Company-Owned Intellectual Property or the operation of the Business, as previously or currently conducted, or as currently proposed to be conducted.

  • Infringement Claims You may submit an infringement claim notice to us at our Contact Formavailable here if you have a good faith belief that Your Content has been copied and made accessible through the Services (including as a part of the Service Content or Third Party Content) in violation of your Inte lectual Property Rights. A copyright infringement claims notice must include at (i) the identification of such a legedly infringing materials, including information su ficient for us to locate it within our Services, ( i) a demand that such a legedly infringing materials be removed or access disabled, ( i) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (iv) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is a legedly infringed; (v) contact information for you, such as address, phone number, and, if available, an email address; and (vi) must be signed by you or the person authorized to act on behalf of the owner of the a legedly infringed work (the “Notice Requirements”). Pursuant to 17 U.S.C. 512(c)(3), if the above Notice Requirements are not met, we may disregard the notice. Pursuant 17 U.S.C. 512(f), be advised that knowingly making a material misrepresentation that online material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification, may subject you to heavy civil penalties. These penalties include monetary damages, including costs and attorneys' fees, incurred by the a leged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider who is injured by your misrepresentation. If we make a decision to remove Your Content in response to a complaint, we may notify you and provide you with contact information for the complaining party. You may also object to such determination by writing to our designated agent, which must contain the fo lowing information pursuant to 17 U.S.C. 512(g)(3), (i) your physical or electronic signature; ( i) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; ( i) a statement under penalty of perjury that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) your name, address, phone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are located outside of the United States, for any judicial district in which the service provider may be found, and that you wil accept service of process from the person who provided notification under subsection 17 U.S.C. 512(c)(1)(C) or an agent of such person.

  • Intellectual Property Rights Infringement HP will defend and/or settle any claims against Customer that allege that an HP-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. HP will rely on Customer’s prompt notification of the claim and cooperation with our defense. HP 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. HP is not responsible for claims resulting from any unauthorized use of the products or services.

  • Third Party Infringement If, at any time during the term of this Agreement, either Party shall become aware of any Third Party infringement or threatened infringement of any of the Patent Rights relating to GPEx® Cell Line, the following provisions shall apply: A. The Party becoming so aware shall forthwith give written notice to the other of such infringement. B. If there is disagreement as to whether the act complained of is in fact an infringement of any of the Patent Rights or whether such infringement proceedings stand a reasonable chance of success, the Parties shall refer such issue to a mutually agreed independent and experienced patent counsel, and the costs incurred in this regard shall be borne by the party whose view does not prevail. In the event that the Parties cannot agree on a suitable independent patent counsel within thirty days of a nomination of such counsel by a Party, the Parties shall submit such impasse to CPR Institute for Dispute Resolution, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000 which shall designate such independent counsel and under whose auspices the independent counsel shall render a decision. C. With or without the advice of the independent patent counsel, Catalent shall have the right to litigate such alleged third party infringement in such country. Catalent shall notify Xencor within […***…] after the written notice described in (1) above (or, if later, […***…] after the decision of the patent counsel described in clause (2) above) whether it intends to so litigate. Xencor shall, upon request of Catalent and at Catalent’s expense, provide Catalent with all such assistance as it may reasonably require in the conduct of such claims or proceedings. Catalent shall bear the cost of such proceedings and shall be entitled to retain all sums recovered in such action for its own account; provided, however, that to the extent such recovery represents lost profits on Product sales arising from such infringement, […***…] ([…***…]%) of such amount shall be paid to Xencor D. If Catalent (i) determines not to litigate in accordance with clause (C) above and the patent counsel described in clause (B) above has opined that the act complained of is, or most likely is, an infringement in such country or (ii) fails to reasonably pursue such litigation, then Xencor may, in its sole discretion and expense, bring suit in its name to restrain such Third Party infringement. In such event Xencor shall conduct such proceedings properly and diligently and shall keep Catalent timely apprised of the course of such litigation. The net proceeds of such action will be retained by Xencor. E. In the event of any action permitted under this Section 8.2 by either party, the other party will provide the necessary and timely assistance in such action on reasonable terms and conditions to be agreed on at such time. In connection with any deliberations concerning the prospects for successfully bringing suit to enjoin such infringement, the parties shall promptly and fully make available to each other their information concerning the validity and enforceability of the relevant Patent Rights and any other relevant information. F. For the avoidance of doubt and notwithstanding any other provision of this Agreement to the contrary, as between the Parties, Xencor shall have the sole right to institute infringement actions with respect to any allegedly infringing activity involving a Product other than any such activity that infringes or is alleged to infringe the Patent Rights, and to retain all recoveries from such actions.

  • Copyright Infringement Contractor shall also indemnify, defend and hold harmless all Indemnitees from all suits or claims for infringement of the patent rights, copyright, trade secret, trade name, trademark, service xxxx, or any other proprietary right of any person or persons in consequence of the use by the City, or any of its boards, commissions, officers, or employees of articles, work or deliverables supplied in the performance of Services. Infringement of patent rights, copyrights, or other proprietary rights in the performance of this Agreement, if not the basis for indemnification under the law, shall nevertheless be considered a material breach of contract.

  • Patent Infringement (a) If LICENSEE learns of any substantial infringement of Patent Rights, LICENSEE shall so inform UNIVERSITY and provide UNIVERSITY with reasonable evidence of the infringement. Neither party shall notify a third party of the infringement of Patent Rights without the consent of the other party. Both parties shall use reasonable efforts and cooperation to terminate infringement without litigation. (b) LICENSEE may request UNIVERSITY to take legal action against such third party for the infringement of Patent Rights. Such request shall be made in writing and shall include reasonable evidence of such infringement and damages to LICENSEE. If the infringing activity has not abated ninety (90) days following LICENSEE’s request, UNIVERSITY shall elect to or not to commence suit on its own account. UNIVERSITY shall give notice of its election in writing to LICENSEE by the end of the one-hundredth (100th) day after receiving notice of such request from LICENSEE. LICENSEE may thereafter bring suit for patent infringement in its own name (and in the name of UNIVERSITY if necessary) and at its own expense, if and only if UNIVERSITY elects not to commence suit and the infringement occurred in a jurisdiction where LICENSEE has an exclusive license under this Agreement. If LICENSEE elects to bring suit, UNIVERSITY may join that suit at its own expense. (c) Recoveries from actions brought pursuant to Paragraph 5.2(b) shall belong to the party bringing suit except that in the event that LICENSEE brings suit for infringement of Patent Rights and an acceptable settlement is entered into or monetary damages are awarded in a final non-appealable judgment, UNIVERSITY shall be reimbursed for any amount which would have been due to UNIVERSITY under this Agreement if the products sold by the infringer actually had been sold by LICENSEE. Legal actions brought jointly by UNIVERSITY and LICENSEE and fully participated in by both shall be at the joint expense of the parties and all recoveries shall be shared jointly by them in proportion to the share of expense paid by each party. (d) Each party shall cooperate with the other in litigation proceedings at the expense of the party bringing suit. Litigation shall be controlled by the party bringing the suit, except that UNIVERSITY may choose to be represented by counsel of its choice (at its expense) in any suit brought by LICENSEE.

  • Intellectual Property Claims Borrower is the sole owner of, or otherwise has the right to use, the Intellectual Property. Except as described on Schedule 5.9,(i) each of the material Copyrights, Trademarks and Patents is valid and enforceable, (ii) no material part of the Intellectual Property has been judged invalid or unenforceable, in whole or in part, and (iii) no claim has been made to Borrower that any material part of the Intellectual Property violates the rights of any third party. Exhibit D is a true, correct and complete list of each of Borrower’s Patents, registered Trademarks, registered Copyrights, and material agreements under which Borrower licenses Intellectual Property from third parties (other than shrink-wrap software licenses), together with application or registration numbers, as applicable, owned by Borrower or any Subsidiary, in each case as of the Closing Date. Borrower is not in material breach of, nor has Borrower failed to perform any material obligations under, any of the foregoing contracts, licenses or agreements and, to Borrower’s knowledge, no third party to any such contract, license or agreement is in material breach thereof or has failed to perform any material obligations thereunder.

  • Materials/Proprietary Infringement Unless otherwise expressly provided in this Contract, Contractor shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this Contract. Contractor warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Contractor agrees that, in accordance with the more specific requirement contained in paragraph “Z” below, it shall indemnify, defend and hold County and County Indemnitees harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including, costs and expenses but not including attorney’s fees.

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