Limitations as to IP Claims Sample Clauses

Limitations as to IP Claims. Notwithstanding anything to the contrary, Logicalis shall have no obligations or liability under Section 10.1 (Indemnification by Logicalis) if the IP Claim is based upon, arises out of, or is related to, in whole or in part, or if any of the following apply: (a) the combination of the applicable Service with any product, software, solution, or service not entirely developed and provided by Logicalis, (b) use of the applicable Service outside the scope of the licenses or rights set forth in this Agreement or in violation of any law or any restriction or limitation set forth in this Agreement, (c) Customer’s failure to comply with Logicalis’s direction to cease any activity that in Logicalis’s reasonable judgment may result in an IP Claim, (d) any allegation by a third party that does not specifically reference a Logicalis Service, or that does not reference a feature of function of a Logicalis Service, or (e) any IP Claim for which Customer does not promptly tender control of the defense thereof to Logicalis. Sole Remedy. THE TERMS IN THIS SECTION 10 (INDEMNIFICATION) SHALL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND LOGICALIS’ SOLE AND EXCLUSIVE LIABILITY AND OBLIGATION WITH RESPECT TO THIRD PARTY CLAIMS OF INFRINGEMENT OR MISAPPROPRIATION OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 10_ (INDEMNIFICATION), LOGICALIS SHALL NOT HAVE ANY OBLIGATION TO DEFEND OR INDEMNIFY CUSTOMER FOR THIRD PARTY CLAIMS.
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Limitations as to IP Claims. Notwithstanding anything to the contrary, Ignyte shall have no obligations or liability under Section 9.1 if the IP Claim is based upon, arises out of, or is related to, in whole or in part, or if any of the following apply: (a) the combination of the applicable Service with any product, software, solution, or service not entirely developed and provided by Ignyte, (b) use of the applicable Service outside the scope of the licenses or rights set forth in this Agreement or in violation of any law or any restriction or limitation set forth in this Agreement, (c) Customer’s failure to comply with Ignyte’ direction to cease any activity that in Ignyte’ reasonable judgment may result in an IP Claim, (d) any allegation by a third party that does not specifically reference a Ignyte Service, or that does not reference a feature of function of a Ignyte Service, or (e) any IP Claim for which Customer does not promptly tender control of the defense thereof to Ignyte. Notwithstanding anything to the contrary, Customer shall have no obligations or liability under Section 9.2 if the claim is based upon, arises out of, or is related to, in whole or in part, or if any of the following apply: (a) the combination of the applicable Service with any product, software, solution, or service developed, provided, and/or recommended by Ignyte, (b) use of the applicable Service as set forth in this Agreement, or (c) any claim for which Ignyte does not promptly tender control of the defense thereof to Customer.
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Limitations as to IP Claims. Notwithstanding anything to the contrary, Logicalis shall have no obligations or liability under Section 10.1 (Indemnification by Logicalis) if the IP Claim is based upon, arises out of, or is related to, in whole or in part, or if any of the following apply: (a) the combination of the applicable Service with any product, software, solution, or service not entirely developed and provided by Logicalis, (b) use of the applicable Service outside the scope of the licenses or rights set forth in this Agreement or in violation of any law or any restriction or limitation set forth in this Agreement, (c) Customer’s failure to comply with Logicalis’ direction to cease any activity that in Logicalis’ reasonable judgment may result in an IP Claim, (d) any allegation by a third party that does not specifically reference a Logicalis Service, or that does not reference a feature of function of a Logicalis Service, or (e) any IP Claim for which Customer does not promptly tender control of the defense thereof to Logicalis.
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Limitations as to IP Claims. Notwithstanding anything to the contrary, Company shall have no obligations or liability under Section 18(A) (Indemnification by Company) if the IP Claim is based upon, arises out of, or is related to, in whole or in part, or if any of the following apply: (i) the combination of the applicable Service with any product, software, solution, or service not entirely developed and provided by Company, (ii) use of the applicable Service outside the scope of the licenses or rights set forth in this Agreement or in violation of any law or any restriction or limitation set forth in this Agreement, (iii) Client’s failure to comply with Company’s direction to cease any activity that in Company’s reasonable judgment may result in an IP Claim, (iv) any allegation by a third party that does not specifically reference a Company Service, or that does not reference a feature of function of a Company Service, or (v) any IP Claim for which Client does not promptly tender control of the defense thereof to Company.
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Limitations as to IP Claims. Notwithstanding anything to the contrary, Tech Heads shall have no obligations or liability under Section 10.1 if the IP Claim is based upon, arises out of, or is related to, in whole or in part, or if any of the following apply: (a) the combination of the applicable Service with any product, software, solution, or service not entirely developed and provided by Tech Heads, (b) use of the applicable Service outside the scope of the licenses or rights set forth in this Agreement or in violation of any law or any restriction or limitation set forth in this Agreement, (c) Customer’s failure to comply with Tech Heads’ direction to cease any activity that in Tech Heads’ reasonable judgment may result in an IP Claim, (d) any allegation by a third party that does not specifically reference a Tech Heads Service, or that does not reference a feature of function of a Tech Heads Service, or (e) any IP Claim for which Customer does not promptly tender control of the defense thereof to Tech Heads.
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Related to Limitations as to IP Claims

  • Limitations on License (a) This license is not assignable or transferable by operation of law or otherwise, except as provided in Paragraph "1(b)" hereof, and is limited to the LICENSEE and to the premises.

  • Limitations on Our Liability We try to ensure that you can always use your card. Occasionally, however, you may not be able to do so because of systems or communication problems involving a merchant, the network or us. We may also block use of your card or a particular type of transaction for any reason and without telling you, including in cases where we suspect unauthorized or fraudulent use of the card. Under no circumstances are we liable to you if you cannot use your card.

  • Limitations on Use No part of the moneys delivered to the Recipient pursuant to Section II hereof is being or will be used to refinance, retire, redeem, or otherwise pay debt service on all or any part of any part of any governmental obligations regardless of whether the interest on such obligations is or was excluded from gross income for federal income tax purposes unless prior approval by the Director is given.

  • Notification of Limitations on Contributions San Francisco Campaign and Governmental Conduct Code (the “Conduct Code”) Section 1.126 prohibits any person who contracts with the City for selling or leasing any land or building to or from the City whenever such transaction would require the approval by a City elective officer or the board on which that City elective officer serves, from making a contribution to such an officer, or candidate for such an office, or committee controlled by such officer or candidate at any time from the commencement of negotiations for such contract until the termination of negotiations for such contract or three months has elapsed from the date the contract is approved by the City elective officer, or the board on which that City elective officer serves. San Francisco Ethics Commission Regulation 1.126-1 provides that negotiations are commenced when a prospective contractor first communicates with a City officer or employee about the possibility of obtaining a specific contract. This communication may occur in person, by telephone or in writing, and may be initiated by the prospective contractor or a City officer or employee. Negotiations are completed when a contract is finalized and signed by the City and the contractor. Negotiations are terminated when the City and/or the prospective contractor end the negotiation process before a final decision is made to award the contract. Through its execution of this Agreement, Tenant acknowledges that it is familiar with the provisions of Article III, Chapter 2 of City's Campaign and Governmental Conduct Code, and sections 87100 et seq and sections 1090 et seq. of the Government Code of the State of California, and certifies that it does not know of any facts which constitute a violation of said provisions and agrees that if it becomes aware of any such fact during the term of this Agreement it shall immediately notify City.

  • Limitations on Warranties 14.1 Notwithstanding anything else in this Agreement, neither Party shall be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, that arises from the use of the Licensed Materials, or the incompetence of the Authorized Users to properly use the Licensed Materials.

  • Limitation on Liens Create, incur, assume or suffer to exist any Lien upon any of its property, assets or revenues, whether now owned or hereafter acquired, except for:

  • Limitations on Rights of Others The provisions of this Agreement are solely for the benefit of the Owner Trustee, the Depositor, the Certificateholder, the Servicer and, to the extent expressly provided herein, the Trustee, the Trust Collateral Agent and the Noteholders, and nothing in this Agreement, whether express or implied, shall be construed to give to any other Person any legal or equitable right, remedy or claim in the Owner Trust Estate or under or in respect of this Agreement or any covenants, conditions or provisions contained herein.

  • Limitations on Indemnification No payments pursuant to this Agreement shall be made by the Company:

  • Limitations of Use The Services and Atlantic Broadband Equipment, including any firmware or software embedded in Atlantic Broadband Equipment or used to provide the Services, are protected by trademark, copyright, and/or other intellectual property laws and international treaty provisions. You are granted a limited, non-sublicensable, non- transferable revocable license to use such firmware and software in object code form (without making any modification thereto) strictly in accordance with this Agreement. You acknowledge and understand that you are not granted any other license to use the firmware or software embedded in Atlantic Broadband Equipment or used to provide the Services. You expressly agree that you will use Atlantic Broadband Equipment exclusively in connection with the Services. You shall not reverse, compile, disassemble, or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software. If you decide to use the Services through an interface device not provided by Atlantic Broadband, which Atlantic Broadband reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights to use that interface device with the Services, including all software and firmware licenses. You will indemnify and hold harmless Atlantic Broadband against any and all liability arising out of your use of such interface device with the Services.

  • Limitation on Claims No claim seeking an adjustment in the billing for any service, transaction, or charge under this Agreement, including any of the appendices, schedules or attachments to this Agreement, may be asserted with respect to a week or month, if more than one year has elapsed

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