Common use of Participant must Clause in Contracts

Participant must. (i) not threaten, file or pursue any Claim against Data Republic or any User in respect of the purported infringement of any patent arising out of or in relation to a Participant Algorithm and/or the method of applying such Participant Algorithm to particular combinations of Participant Data or Other Participant Data on the Data Republic Platform in order to create Data Products (whether or not that Participant Algorithm constitutes Background Participant IP); and (ii) impose the same obligation on any third party to which it sells, licenses, assigns or otherwise transfers any Intellectual Property Rights subsisting in any Participant Algorithm, and breach of this clause (b) will be deemed to be a material breach of the Agreement. This clause (b) shall not prevent Participant bringing Claims against Data Republic or any other User for copyright infringement.

Participant must. (i) not threaten, file or pursue any Claim against Data Republic or any User in respect of the purported infringement of any patent arising out of or in relation to a Participant Algorithm and/or the method of applying such Participant Algorithm to particular combinations of Participant Data Date or Other Participant Data on the Data Republic Senate Platform in order to create Data Products (whether or not that Participant Algorithm constitutes Background Participant IP); and (ii) impose the same obligation on any third party to which it sells, licenses, assigns or otherwise transfers any Intellectual Property Rights subsisting in any Participant Algorithm, and breach of this clause (b) will be deemed to be a material breach of the this Agreement. This clause (b) shall not prevent Participant bringing Claims against Data Republic or any other User for copyright infringement.