Common use of No Intellectual Property Infringement by Developer Clause in Contracts

No Intellectual Property Infringement by Developer. The Developer hereby represents and warrants that the use and proposed use of the Application by the Company or any third party does not and shall not infringe, and the Developer has not received any notice, complaint, threat, or claim alleging infringement of, any trademark, copyright, patent, trade secrets, industrial design, or other rights of any third party in the Application, and the use of the Application will not include any activity that may constitute “passing off.” To the extent the Application infringes on the rights of any such third party, the Developer shall obtain a license or consent from such third party permitting the use of the Application.

Appears in 4 contracts

Samples: Application Development Agreement (Traqer Corp), Application Development Agreement (Synergetics, Inc.), Mobile Application Development Agreement (Stream Flow Media, Inc.)

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No Intellectual Property Infringement by Developer. The Developer hereby represents and warrants that the use and proposed use of the Application by the Company Client or any third party does not and shall not infringe, and the Developer has not received any notice, complaint, threat, or claim alleging infringement of, any trademark, copyright, patent, trade secrets, industrial design, or other rights of any third party in the Application, and the use of the Application will not include any activity that may constitute “passing off.” To the extent the Application infringes on the rights of any such third party, the Developer shall obtain a license or consent from such third party permitting the use of the Application. It is hereby stated, the Application developed under this agreement is the exclusive worldwide sole property of Client.

Appears in 1 contract

Samples: Application Development Agreement (ClickStream Corp)

No Intellectual Property Infringement by Developer. The Developer hereby represents and warrants that the use and proposed use of the Application app by the Company Town or any third party does not and shall not infringe, and the Developer has not received any notice, complaint, threat, or claim alleging infringement of, any trademark, copyright, patent, trade secrets, industrial design, or other rights of any third party in the Applicationapp, and the use of the Application app will not include any activity that may constitute “passing off.” To the extent the Application app infringes on the rights of any such third party, the Developer Town shall obtain a license or consent from such third party permitting the use of the Applicationapp.

Appears in 1 contract

Samples: Mobile Application Development Agreement

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No Intellectual Property Infringement by Developer. The Developer hereby represents and warrants that the use and proposed use of the Application application by the Company or any third party does not and shall not infringe, and the Developer has not received any notice, complaint, threat, or claim alleging infringement of, any trademark, copyright, patent, trade secrets, industrial design, or other rights of any third party in the Applicationapplication, and the use of the Application application will not include any activity that may constitute “passing off.” To the extent the Application application infringes on the rights of any such third party, the Developer shall obtain a license or consent from such third party permitting the use of the Applicationapplication.

Appears in 1 contract

Samples: Application Development Agreement

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