Ownership and Non-Infringement. Each of Publisher and Developer represents and warrants that it has obtained all rights, licenses and authorizations necessary to enter into this Agreement and grant the rights, licenses and authorizations granted herein. Each of Publisher and Developer represents and warrants that the execution and performance of this Agreement does not and will not violate or interfere with any other agreement to which it is a party. Developer represents and warrants that the software engine, technology, source code and related development tools for the Product is or will be original to Developer and/or exclusively owned by Developer and that the software engine, technology, source code and related development tools are not, nor will they be, in violation of the rights of any other person or entity. Developer represents and warrants that no part of the Product or the exercise of the rights granted hereunder, violates or infringes upon any rights of any person or entity, including, but not limited to, copyrights, trademark rights, patent rights, trade secrets rights, or contractual, common law or statutory rights.
Ownership and Non-Infringement. During the Term, each Party represents and warrants that none of the materials provided by, on behalf of, such Party for use in connection with the performance of this Agreement or any Purchase Order Agreement, nor the possession or use of any of the foregoing by, or on behalf of, the other Party, in each case as permitted under this Agreement, will infringe any copyright or trademark rights of any third party.
Ownership and Non-Infringement. Partner represents and warrants that: (i) its performance Master Partner Agreement Developer Addendum 21JANUARY2020 – Confidential Business Information under this Developer Addendum does not and will not infringe or violate any Intellectual Property Rights of any third parties; (ii) Partner is the sole and exclusive owner of the Partner Offering used in the performance of this Developer Addendum; and (iii) Partner has all rights necessary to grant the iCIMS the rights set forth in this Developer Addendum.
Ownership and Non-Infringement. The Intellectual Property and related Intellectual Property Rights associated with the Company’s Business are owned or licensed by the Company free and clear of any undisclosed Encumbrances. Except as set forth in Section 2.8(i) of the Disclosure Schedule, the business of the Company and its Subsidiaries as currently conducted, including the development, use, manufacture, sale, offer to sell, import, export, distribution, reproduction, display (public or otherwise), promotion, and marketing, of any Company Products, and the use of Company Products in conjunction with other Software or Systems required for the full and proper operation of Company Products, (1) does not infringe, misappropriate, use or disclose without authorization, or otherwise violate any Intellectual Property Rights of any third person; and (2) does not constitute unfair competition or trade practices under the laws of any relevant jurisdiction.
Ownership and Non-Infringement. Provider represents and warrants to Publisher that it has obtained all rights, licenses and authorizations necessary to enter into this agreement and grant the rights granted herein; Provider represents and warrants that the execution and performance of this Agreement does not and will not violate or interfere with any other agreement to which it is a party, Provider represents and warrants that the source code and development tools for the Technology and Services is or will be original to Provider, exclusively owned by Provider, or validly licensed by Provider at Provider's expense for all uses to be made of them pursuant to this Agreement and that the source code and development tools are not nor will they be a violation of the rights of any other person or organization; and Provider represents and warrants that no part of the Technology or Services provided by Provider, the exercise of the rights granted hereunder violates or infringes upon any rights of any person or entity, including, but not limited to, copyrights, trademark rights, patent rights, trade secrets rights, or contractual, common law or statutory rights.
Ownership and Non-Infringement. Partner represents and warrants that it is either the owner or licensor of the Partner Data and has the right to provide the Partner Data, and the license to the Partner Data described in Section 5, to NCCPA. Partner further warrants that no Partner Data or other materials provided by Partner under this Agreement, nor the possession or use of any of the foregoing by NCCPA as contemplated by this Agreement, will infringe any Intellectual Property Right of a third party or contain confidential or proprietary material misappropriated by Partner from a third party. Partner further represents and warrants that it has all necessary permissions, consents or other valid legal basis to transfer any Personal Information contained in the Partner Data to NCCPA, that NCCPA is able to lawfully process any such Personal Information shared with it by Partner and that Partner will not cause NCCPA to be in breach of any Laws in providing such Personal Information to NCCPA.
Ownership and Non-Infringement. 1. Customer warrants and represents to Aptar that, to Customer’s knowledge, Customer is the lawful owner or has the rights to use all materials which form part of the Customer Materials, that such materials have been produced in compliance with applicable laws and Customer has all rights necessary to grant Aptar the rights set forth in this Agreement, without violation or infringement of intellectual property rights of third parties
Ownership and Non-Infringement. As of the Effective Date and continuing thereafter, Licensor represents and warrants that (i) the Licensed Technology will not infringe or misappropriate any Intellectual Property Rights or trademarks of any third party; (ii) Licensor is the sole owner of the Licensed Technology and has the sole and exclusive right and power to enter into this Agreement and grant the licenses set forth herein; (iii) except for the license to Sun Microsystems, Inc. and its distributors in the United Kingdom, and Licensor's exclusive license grant to PCS, Licensor has not transferred ownership of, or granted any license of or right to use, or authorized the retention of any rights to use any Intellectual Property Right in the Licensed Technology to any other person; and (iv) none of the Intellectual Property Rights in the Licensed Technology was developed by or on behalf of or using any grants or subsidies of any governmental entity.
Ownership and Non-Infringement. Assima is the lawful owner or licensee of the Software and the materials used in the performance of the Services, and represents and warrants that: (i) it has and will have all rights, titles, licenses, intellectual property rights, permissions and approvals necessary in connection with the license grant to the Software hereunder; and (ii) the Software does not infringe, violate, trespass or in any manner constitute the unauthorized use or misappropriation of any intellectual property right of any third party. Harmful Code. Assima represents and warrants that the Hosted Technology Services, Software and Work Product (as applicable) do not and will not contain any computer code designed to disrupt, disable, harm, or otherwise impede in any manner, including aesthetical disruptions or distortions, the operation of Customer’s systems, applications or equipment (referred to as “viruses” or “worms”).
Ownership and Non-Infringement. Developer represents and warrants to Publisher that it has obtained all rights, licenses and authorizations necessary to enter into this Agreement and grant the rights granted herein; each of Developer and Publisher represent and warrant that the execution and performance of this Agreement does not and will not violate or interfere with any other Agreement to which it is a party, Developer represents and warrants that the source code and development tools for the Game is or will be original to Developer and/or exclusively owned by Developer and/or validly licensed by Developer at Developer's expense for all uses to be made of them pursuant to this Agreement and that the source code and development tools are not nor will they be a violation of the rights of any other person or organization; and Developer represents and warrants that no part of the Game or the exercise of the rights granted hereunder violates or infringes upon any rights of any person or entity, including, but not limited to, copyrights, trademark rights, patent rights, trade secrets rights, or contractual, common law or statutory rights. Publisher represents and warrants that it shall not reverse-engineer the Game. Should Developer need help securing any representations, warranties, licenses, trademarks, copyrights, rights, patents or any other sort of legal license needed to complete the Game, Developer can request that Publisher helps with securing these rights but must state them explicitly in writing in a document that will be included as an Exhibit to this Agreement. For the avoidance of doubt, Publisher shall not be obliged to help with securing such rights, unless mutually agreed upon in writing by the Parties. Should Developer not request such help, it shall ensure that all property rights into the Game are well protected, such as by applying for relevant trademarks and copyright registrations.
