Noninfringement Warranty. OptiMark represents and warrants that, to OptiMark's knowledge, the OptiMark Software does not infringe the patent and copyright rights in Japan of any Third Party. OptiMark makes this warranty for the OptiMark Software alone and does not make this warranty with regard to the Optimark Software in combination with any JOS xx Third Party Software, firmware, or data that interfaces with, is manipulated by, or otherwise operates in conjunction with the OptiMark Software.
Noninfringement Warranty. AppliedTheory represents and warrants that those aspects of the New AJB Software which AppliedTheory authors (hereinafter "AppliedTheory Authorship"), when properly used as contemplated herein, will not infringe or misappropriate any United States copyright, trademark, patent, or the trade secrets of any third persons. Upon being notified of such a claim, AppliedTheory shall (i) defend through litigation or obtain through negotiation the right of NYSERNet to continue using the AppliedTheory Authorship; (ii) rework the AppliedTheory Authorship so as to make it noninfringing while preserving the original functionality; or (iii) replace the AppliedTheory Authorship with functionally equivalent software. If none of the foregoing alternatives provides an adequate remedy, NYSERNet may terminate all or any part of this agreement and recover amounts paid for the infringing AppliedTheory Authorship. The above remedies do not apply to any of the code assigned by NYSERNet pursuant to Section I.
Noninfringement Warranty. Licensor represents and warrants that the Licensed Product, when properly used as contemplated herein, will not infringe or misappropriate any United States copyright, trademark, patent, or the trade secrets of any third persons. Upon being notified of such a claim, Licensor shall (i) defend through litigation or obtain through negotiation the right of Licensee to continue using the Licensed Product; (ii) rework the Licensed Product so as to make it noninfringing while preserving the original functionality, or (iii) replace the Licensed Product with functionally equivalent software. If none of the foregoing alternatives provide an adequate remedy, Licensee may terminate all or any part of this Agreement and recover amounts paid for the infringing Licensed Product.
Noninfringement Warranty. Owner represents and warrants during the Term hereof that to the best of its knowledge and belief the Software Product, when properly used as contemplated herein, will not infringe or misappropriate any copyright, trademark, patent, or the trade secrets of any third persons.
Noninfringement Warranty. Contractor represents and warrants to the ------------------------- best of its knowledge and belief that the Software, when properly used as contemplated herein, will not infringe or misappropriate any United States copyright, trademark, patent, or the trade secrets of any third persons. Upon being notified of a claim contrary to such warranty, Contractor shall (i) defend through litigation or obtain through negotiation the right of Customer to continue using the Software; (ii) rework the Software so as to make it noninfringing while preserving the original functionality, or (iii) replace the Software with functionally equivalent software. If none of the foregoing alternatives provide an adequate remedy, Customer may terminate all or any part of this Agreement and recover amounts paid hereunder with respect to the infringing Deliverable.
Noninfringement Warranty. Contractor warrants that the services do not infringe on any copyright, patent or other proprietary right(s) of any third party.
Noninfringement Warranty. The School District warrants that any content obtained from the School District and distributed through the WEB will not infringe or misappropriate any copyright trademark, patent, or the trade secrets of any third person, or otherwise violate this Agreement or any applicable law. The School District will use best efforts to notify Publisher of any action and Publisher has rights to defend that action. Publisher warrants that any Publisher content it distributes through the WEB will not infringe or misappropriate any copyright, trademark, patent, or the trade secrets of any third person or otherwise violate this Agreement or any applicable law. Publisher will use best efforts to notify the School District of any action and the School District has right to defend that action.
Noninfringement Warranty. Licensor warrants it has the rights needed to enter into this Agreement and that, to the best of its knowledge and belief, Permitted Use by You of the Licensed Program in the Licensed Operating Environment will not infringe or misappropriate any United States copyright, trademark, patent, or the trade secrets of any third persons. If promptly notified of any claim to the contrary, Licensor shall (i) defend through litigation or obtain through negotiation Your right to continue using the Licensed Program; (ii) rework the Licensed Program to make it noninfringing while preserving the original functionality, or (iii) replace the Licensed Program with functionally equivalent software.
Noninfringement Warranty. NetOpus represents and warrants that the Base Technology, when properly used by Verida as contemplated herein, will not infringe or misappropriate any United States copyright, trademark, patent, or the trade secrets of any third persons. Upon being notified of such a claim, NetOpus shall (i) defend through litigation or obtain through negotiation the right of Verida to continue using Base Technology; (it) rework the Base Technology so as to make it noninfringing while preserving the Original functionality, or (iii) replace the Base Technology with functionally equivalent software. If Verida determines that none of the foregoing alternatives provide an adequate remedy, Verida may terminate all or any part of this Agreement and recover amounts paid hereunder. NetOpus acknowledges that it is not aware of the status of the Base Technology's legal protections of copyright, trademark, patent, trade secrets, or other forms outside the United States. In the event that the Base Technology infringes upon a legal protection similar to copyright, trademark, patent, trade secrets, outside the United States, NetOpus agrees to (i) defend through litigation or obtain through negotiation the right of Verida to continue using Base Technology; (ii) rework the Base Technology so as to make it noninfringing while preserving the original functionality, or (iii) replace the Base Technology with functionally equivalent software.
Noninfringement Warranty. ACE*COMM (the "Indemnitor") represents and warrants that the Data and any software supplied by it in accordance with Section l(d) ("Software"), when properly used as contemplated herein, will not infringe or misappropriate any United States copyright, trademark, patent, or the trade secrets of any third persons and will defend, indemnify and hold harmless the Customer, its affiliates and their respective agents, representatives, directors, officers and employees (the "Indemnitees") from all damages, costs and expenses (including reasonable attorneys' fees) incurred as a result of any third party claim to the contrary. Upon being notified of such a claim, the Indemnitor shall (i) defend through litigation or obtain through negotiation the right of Indemnitee to continue using the Data or software; (ii) purge the Data of tainted material or rework the software so as to make it noninfringing while preserving the original functionality; or (iii) replace the software with functionally equivalent software. If the Indemnitee reasonably determines that none of the foregoing alternatives provide an adequate remedy, the Indemnitee may, in addition to other relief, terminate all or any part of this Agreement.
