Common use of Ownership; Intellectual Property Rights Clause in Contracts

Ownership; Intellectual Property Rights. ‌ KUNAK is the owner of the Equipment and System provided. KUNAK represents and warrants that it has the right to sell the Hardware Equipment and/or license the Software provided under this Agreement. KUNAK represents and warrants that Customer shall acquire good and clear title to the Hardware Equipment hired hereunder, free and clear of all liens and encumbrances. KUNAK consequently represents and warrants that neither the Equipment, replacement parts, their elements nor the use thereof violates or infringes on any copyright, patent, trademark, servicemark, trade secret or other proprietary right of any person or entity. Customer shall notify KUNAK promptly of any infringement claim of which it has knowledge and shall cooperate with KUNAK in the defense of such claim, all at XXXXX’x expense. KUNAK retains all right, title and interest in all Firmware and associated Software delivered under this Agreement, subject only to the following license rights. Any Firmware delivered as a component of the hired Hardware is licensed for use on a non-exclusive basis strictly as an integral part of the Hardware and for no other purpose. The Firmware and Software may not be disassembled, decompiled or reverse engineered and any information obtained in violation of this provision shall be deemed confidential information owned exclusively by the owner of such Firmware or Software (and should be safeguarded and protected as such) as stated under Xxxxxx XX (Confidentiality / Non Disclosure). Customer acknowledges that the System, including Firmware, Software and Hardware, incorporates valuable intellectual property rights of KUNAK and that all such intellectual property rights, and all counterpart rights, titles, and interests in and to the System, including Firmware, Software and Hardware, documentation, and all modifications and enhancements of the aforementioned are and at all times shall remain under the sole and exclusive ownership of KUNAK, subject only to the rights expressly granted to the Customer under this Agreement. The Equipment is strictly subject to the provision of the Services that are contracted, and is not susceptible of any other use, nor does it grant the Customer any faculty for the extraction of any utility other than in compliance with this Agreement. Customer shall not use the Equipment but in material conformance with instructions for use and all such other documentation provided for the Equipment. As a result, this Agreement does not provide the Customer with intellectual title or intellectual ownership of any of the Equipment, System, including Firmware, Software and Hardware, but only a right to use the same upon the terms expressly set forth in this Agreement. Any direct or indirect exploitation of the technology that the Equipment contains is prohibited outside the terms of provision set by KUNAK. Such prohibition specifically includes the delivery or offering, to any third party not expressly authorized by KUNAK to exploit it, of any means for the observation, analysis, replication or reproduction or use of the Hardware or of any essential element thereof, total or partial, regardless of its purpose.

Ownership; Intellectual Property Rights. ‌ KUNAK is the owner of the Equipment and System provided. KUNAK represents and warrants that it has the right to sell the Hardware Equipment and/or license the Software provided under this Agreement. KUNAK represents and warrants that Customer Purchaser shall acquire good and clear title to the Hardware Equipment hired purchased hereunder, free and clear of all liens and encumbrances. KUNAK consequently represents and warrants that neither the Equipment, replacement parts, their elements nor the use thereof violates or infringes on any copyright, patent, trademark, servicemark, trade secret or other proprietary right of any person or entity. Customer Purchaser shall notify KUNAK promptly of any infringement claim of which it has knowledge and shall cooperate with KUNAK in the defense of such claim, all at XXXXX’x expense. KUNAK retains all right, title and interest in all Firmware and associated Software delivered under this Agreement, subject only to the following license rights. Any Firmware delivered as a component of the hired Purchased Hardware is licensed for use on a non-exclusive basis strictly as an integral part of the Purchased Hardware and for no other purpose. The Firmware and Software may not be disassembled, decompiled or reverse engineered and any information obtained in violation of this provision shall be deemed confidential information owned exclusively by the owner of such Firmware or Software (and should be safeguarded and protected as such) as stated under Xxxxxx XX (Confidentiality / Non Disclosure). Customer Purchaser acknowledges that the System, including Firmware, Software and Hardware, incorporates valuable intellectual property rights of KUNAK and that all such intellectual property rights, and all counterpart rights, titles, and interests in and to the System, including Firmware, Software and Hardware, documentation, and all modifications and enhancements of the aforementioned are and at all times shall remain under the sole and exclusive ownership of KUNAK, subject only to the rights expressly granted to the Customer Purchaser under this Agreement. The Equipment is strictly subject to the provision of the Services that are contracted, and is not susceptible of any other use, nor does it grant the Customer any faculty for the extraction of any utility other than in compliance with this Agreement. Customer Purchaser shall not use the Equipment but in material conformance with instructions for use and all such other documentation provided for the Equipment. As a result, this Agreement does not provide the Customer Purchaser with intellectual title or intellectual ownership of any of the Equipment, System, including Firmware, Software and Hardware, but only a right to use the same upon the terms expressly set forth in this Agreement. Any direct or indirect exploitation of the technology that the Equipment contains is prohibited outside the terms of provision set by KUNAK. Such prohibition specifically includes the delivery or offering, to any third party not expressly authorized by KUNAK to exploit it, of any means for the observation, analysis, replication or reproduction or use of the Hardware or of any essential element thereof, total or partial, regardless of its purpose.

Ownership; Intellectual Property Rights. ‌ KUNAK XXXXX is the owner of the Equipment and System provided. KUNAK XXXXX represents and warrants that it has the right to sell the Hardware Equipment and/or license the Software provided under this Agreement. KUNAK XXXXX represents and warrants that Customer shall acquire good and clear title to the Hardware Equipment hired hereunder, free and clear of all liens and encumbrances. KUNAK XXXXX consequently represents and warrants that neither the Equipment, replacement parts, their elements nor the use thereof violates or infringes on any copyright, patent, trademark, servicemark, trade secret or other proprietary right of any person or entity. Customer shall notify KUNAK XXXXX promptly of any infringement claim of which it has knowledge and shall cooperate with KUNAK XXXXX in the defense of such claim, all at XXXXX’x expense. KUNAK XXXXX retains all right, title and interest in all Firmware and associated Software delivered under this Agreement, subject only to the following license rights. Any Firmware delivered as a component of the hired Hardware is licensed for use on a non-exclusive basis strictly as an integral part of the Hardware and for no other purpose. The Firmware and Software may not be disassembled, decompiled or reverse engineered and any information obtained in violation of this provision shall be deemed confidential information owned exclusively by the owner of such Firmware or Software (and should be safeguarded and protected as such) as stated under Xxxxxx XX Clause IX (Confidentiality / Non Disclosure). Customer acknowledges that the System, including Firmware, Software and Hardware, incorporates valuable intellectual property rights of KUNAK XXXXX and that all such intellectual property rights, and all counterpart rights, titles, and interests in and to the System, including Firmware, Software and Hardware, documentation, and all modifications and enhancements of the aforementioned are and at all times shall remain under the sole and exclusive ownership of KUNAKXXXXX, subject only to the rights expressly granted to the Customer under this Agreement. The Equipment is strictly subject to the provision of the Services that are contracted, and is not susceptible of any other use, nor does it grant the Customer any faculty for the extraction of any utility other than in compliance with this Agreement. Customer shall not use the Equipment but in material conformance with instructions for use and all such other documentation provided for the Equipment. As a result, this Agreement does not provide the Customer with intellectual title or intellectual ownership of any of the Equipment, System, including Firmware, Software and Hardware, but only a right to use the same upon the terms expressly set forth in this Agreement. Any direct or indirect exploitation of the technology that the Equipment contains is prohibited outside the terms of provision set by KUNAKXXXXX. Such prohibition specifically includes the delivery or offering, to any third party not expressly authorized by KUNAK XXXXX to exploit it, of any means for the observation, analysis, replication or reproduction or use of the Hardware or of any essential element thereof, total or partial, regardless of its purpose.

Ownership; Intellectual Property Rights. ‌ KUNAK XXXXX is the owner of the Equipment and System provided. KUNAK XXXXX represents and warrants that it has the right to sell the Hardware Equipment and/or license the Software provided under this Agreement. KUNAK XXXXX represents and warrants that Customer Purchaser shall acquire good and clear title to the Hardware Equipment hired purchased hereunder, free and clear of all liens and encumbrances. KUNAK XXXXX consequently represents and warrants that neither the Equipment, replacement parts, their elements nor the use thereof violates or infringes on any copyright, patent, trademark, servicemark, trade secret or other proprietary right of any person or entity. Customer Purchaser shall notify KUNAK XXXXX promptly of any infringement claim of which it has knowledge and shall cooperate with KUNAK XXXXX in the defense of such claim, all at XXXXX’x expense. KUNAK XXXXX retains all right, title and interest in all Firmware and associated Software delivered under this Agreement, subject only to the following license rights. Any Firmware delivered as a component of the hired Purchased Hardware is licensed for use on a non-exclusive basis strictly as an integral part of the Purchased Hardware and for no other purpose. The Firmware and Software may not be disassembled, decompiled or reverse engineered and any information obtained in violation of this provision shall be deemed confidential information owned exclusively by the owner of such Firmware or Software (and should be safeguarded and protected as such) as stated under Xxxxxx XX Clause IX (Confidentiality / Non Disclosure). Customer Purchaser acknowledges that the System, including Firmware, Software and Hardware, incorporates valuable intellectual property rights of KUNAK XXXXX and that all such intellectual property rights, and all counterpart rights, titles, and interests in and to the System, including Firmware, Software and Hardware, documentation, and all modifications and enhancements of the aforementioned are and at all times shall remain under the sole and exclusive ownership of KUNAKXXXXX, subject only to the rights expressly granted to the Customer Purchaser under this Agreement. The Equipment is strictly subject to the provision of the Services that are contracted, and is not susceptible of any other use, nor does it grant the Customer any faculty for the extraction of any utility other than in compliance with this Agreement. Customer Purchaser shall not use the Equipment but in material conformance with instructions for use and all such other documentation provided for the Equipment. As a result, this Agreement does not provide the Customer Purchaser with intellectual title or intellectual ownership of any of the Equipment, System, including Firmware, Software and Hardware, but only a right to use the same upon the terms expressly set forth in this Agreement. Any direct or indirect exploitation of the technology that the Equipment contains is prohibited outside the terms of provision set by KUNAKXXXXX. Such prohibition specifically includes the delivery or offering, to any third party not expressly authorized by KUNAK XXXXX to exploit it, of any means for the observation, analysis, replication or reproduction or use of the Hardware or of any essential element thereof, total or partial, regardless of its purpose.