Liability for Infringement Sample Clauses
The "Liability for Infringement" clause defines which party is responsible if the use of a product, service, or intellectual property results in a violation of another party's rights, such as patents, copyrights, or trademarks. Typically, this clause outlines the obligations of the party providing the potentially infringing material to defend, indemnify, and hold harmless the other party against claims or damages arising from such infringement. Its core function is to allocate the risk of intellectual property disputes, ensuring that the party best positioned to control or prevent infringement bears the associated legal and financial responsibilities.
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Liability for Infringement. Imatest shall defend any suit or proceeding brought against Buyer to the extent that it is based on a claim that any Products manufactured by Imatest or any Software purchased by Buyer infringes in construction or design of a United States patent or intellectual property rights of any person or entity (“Infringing Materials”), and shall indemnify Buyer against all costs, damages, and expenses finally awarded against Buyer and payment of any settlement amount provided that Buyer notifies Imatest promptly in writing of any such claim and gives Imatest full and complete authority, information and assistance for the defense of such claim and provided further that Imatest shall have sole control of the defense and of the negotiations for settlement, if any, of such claim. If the Infringing Materials are or in Imatest’s judgment may become the subject of any claim of intellectual property infringement, or if a court determines the Infringing Material infringes any intellectual property right then Imatest may, at its sole option and expense, (a) procure for Buyer the right to continue using such Infringing Materials, (b) replace such Infringing Materials with a suitable non-infringing item,
Liability for Infringement. SELLER shall defend CUSTOMER against any suit, claim, proceeding or threatened suit brought against CUSTOMER alleging that the licensing to, or use by CUSTOMER of, any Software or Product furnished hereunder infringes any patent ("INFRINGEMENT CLAIM"). SELLER shall pay all litigation costs, reasonable attorneys' fees, settlement payments and damages awarded or resulting from any such suit, claim, or proceeding provided, that, CUSTOMER (i) notifies SELLER in writing within a reasonable time of its actual knowledge of any such claim, suit, or proceeding; (ii) gives SELLER the right to control or direct the investigation, preparation, defense and settlement of any claim, suit or proceeding related thereto; and (iii) gives SELLER reasonable assistance and cooperation for the defense or settlement thereof. SELLER shall not be liable for, and CUSTOMER shall defend, indemnify and hold SELLER harmless in respect of, any suit, claim, proceeding or threatened suit and all litigation costs, reasonable attorneys' fees, settlement payments and damages awarded or resulting from any claim, suit or proceeding based on (i) CUSTOMER's willful, knowing, or deliberate infringement of a patent, copyright, trade secret, trademark or other proprietary right; (ii) any Software, Product or portion thereof (a) not supplied by SELLER to CUSTOMER or directed by SELLER that CUSTOMER purchase, (b) designed in accordance with CUSTOMER's specifications, or to the extent the infringement results from compliance with such specifications, (c) modified by CUSTOMER, to the extent the infringement results from such modification, (d) combined with other products, processes or materials not supplied, specified or distributed by SELLER, to the extent the infringement results from such combination, (e) where CUSTOMER continues allegedly infringing activity after being notified thereof and after being provided with a non-infringing modification or workaround that would have avoided the alleged infringement, or (f) where CUSTOMER's use of the Software or Product is incident to an infringement not resulting primarily from such Software or Product or is intentionally outside the scope of the license granted in Section 3.1. Neither Party may enter into any settlement or other agreement without prior written consent of the other Party under which such other Party would be obligated to make any payment or incur any liability. If any Software
Liability for Infringement. 17.1 The Provider shall indemnify SKB for costs and damages, including reasonable counsel fees, as a result of any claim, action or litigation proceedings brought against SKB based on the fact that the use, sale, distribution or other exploitation of the results of the Services constitute an infringement of any patent, copyright or other intellectual property right, or the application thereof, or the unlawful use of any knowhow, trade secrets or other rights.
17.2 In addition, the Provider shall, without delay and at its own expense, take such measures that the results can be used by SKB or, where such is not possible, provide other equivalent solutions which do not constitute infringement on any third party rights.
Liability for Infringement of intellectual property rights occurs in accordance with the current legislation of the Russian Federation.
Liability for Infringement of intellectual property or moral rights Accommodation indemnifies and holds harmless SafariBookings for all claims (from third parties) regarding infringement of intellectual property and moral rights of images or other Information provided by Accommodation. This includes, but is not limited to, all direct and indirect damages. For the purposes of this Agreement: indirect damages shall include (among others) incidental or consequential damages, damages arising out of or in connection with loss of use or inability to use the SafariBookings website, loss of data, loss of profits, loss of or damage to goodwill or reputation, loss of claim, costs of procurement of substitute products or services or websites, and unauthorized access to or alteration of the data/content provided by Accommodation.
Liability for Infringement. If, with regard to the use of the Service, the Contracting Party receives a complaint or any other claim regarding intellectual properties, the Contracting Party shall immediately notify the Company in writing, and the Company shall handle such complaint or claim on its own responsibility and expense; provided, however, that this shall not apply if the cause of the complaint or claim is attributable to the Contracting Party or if the Company was deprived of the opportunity to defend effectively against the complaint or claim due to the Contracting Party’s failure to promptly notify the Company of the complaint or claim.
Liability for Infringement. If YOUR use of the Software as permitted by this Agreement infringes any third party intellectual property right, or if SNI believes that the Software may do so, SNI, at its option, may: (i) obtain a licence permitting YOU to continue to use the Software; or (ii) replace or modify the Software so that it is no longer infringing and provide YOU with the necessary replacement or modification; or (iii) if it does not consider (i) or (ii) to be feasible, terminate this Agreement with no further liability to YOU. This Section 8 states the entire liability of SNI and its suppliers with respect to any intellectual property infringement by the Software.
Liability for Infringement. Party A shall bear the legal liability derived from the working of the technological results, if any.