Patent and Copyright Protection. If a third party makes a claim against the State that the products furnished under this purchase order infringe upon or violate any patent or copyright, the State shall promptly notify Contractor. Contractor shall defend such claim in the State's name or its own name, as appropriate, but at Contractor's expense. Contractor shall indemnify the State against all costs, damages, attorney fees, and all other costs and expenses of litigation that accrue as a result of such claim. If the State reasonably concludes that its interests are not being properly protected, or if principles of governmental or public law are involved, it may enter any action. PAYMENT TERM: All payment terms will be computed from the date of delivery of supplies or services OR receipt of a properly executed invoice, whichever is later. Unless otherwise noted in the solicitation document, the State is allowed 30 days to pay such invoices. All contractors will be required to provide banking information at the time of contract execution in order to facilitate State electronic funds transfer payments.
Patent and Copyright Protection. In accordance with Conn. Reg. §4d-3-9(b), the Contractor shall indemnify, defend, and hold harmless the State, its agencies, officers, employees, and agents from and against all losses, liabilities, damages (including taxes) and all related costs and expenses (including reasonable attorney fees and all court awarded fees and costs, disbursements and costs of investigation, litigation, settlement, judgments, interest and penalties), incurred in connection with any Claim, lawsuit or proceeding brought against the State, its agencies, officers, employees and agents, by any third party, to the extent that such Claim, action or proceeding is based on a Claim that any Deliverable provided or recommended by the Contractor, including but not limited to software furnished herein, or the operation of such Deliverable infringes any Intellectual Property Right of any Person, which right is enforceable under the laws of the United States. Any claimed infringement that results from the combination of a Deliverable furnished hereunder with other hardware and/or software apparatus, or devices not furnished hereunder and not integrated together with the written advice and consent of the Contractor’s Project Manager is specifically excluded from the terms of this indemnification provision. It is further agreed, except as provided herein, that the Contractor’s obligation to indemnify, defend, and hold harmless the State, its agencies, officers, employees and agents, herein, is subject to the State granting the Contractor the right to control, the corresponding settlement and or legal proceedings at the Contractor’s sole cost and expense. Without affecting its indemnification obligations, the Contractors right to control the settlement and or legal proceedings as set forth herein shall be waived to the extent that the Contractor has: filed under any chapter of the bankruptcy code, as amended, or for the appointment of a receiver, or if an involuntary petition in bankruptcy is filed against the Contractor and said petition is not discharged within sixty (60) Days, or becomes insolvent or makes a general assignment for the benefit of its creditors, or if its business or property shall come into the possession of its creditors, a receiver or any governmental agency or if the State determines that the settlement or defense of the legal proceedings will place the State in jeopardy. Both parties shall cooperate in the defense of such Claims or demands. The State shall promptly, aft...
Patent and Copyright Protection. Optional depending on project. See OPTIONAL CONTRACT PROVISIONS
Patent and Copyright Protection. Optional depending on project.
Patent and Copyright Protection. If any patented or copyrighted material is involved in or results from the performance of this Contract, this Article shall apply.
Patent and Copyright Protection. Real Media USA makes no representations or warranties concerning the Technology or its patentability, and no representations or warranties that RMSA's use of any Technology will not infringe the rights of any third party. Real Media USA has no obligation to indemnify RMSA in the event that RMSA's use of Technology, conduct of the Business, or sale of a product or service, infringes or is claimed to infringe the rights of any third party. Notwithstanding the foregoing, Real Media USA at its own expense will seek such patent and copyright protection in Switzerland as Real Media USA deems advisable, and take such steps as Real Media USA and RMSA together deem prudent to protect the Technology against infringement, and RMSA shall provide reasonable co-operation to Real Media USA in relation to the seeking of such protection. If local copyright law in Switzerland is not adequate to protect the Technology, RMSA acknowledges that Real Media USA shall be entitled to patent the Technology in such country, and RMSA shall reimburse to Real Media USA the reasonable costs and fees of obtaining such patents in Switzerland. RMSA shall not, directly or indirectly, (i) apply for any patents in respect of any aspect of the Technology, (ii) enter into any Agreement with any third party which in any way alters, diminishes, or restricts the rights of Real Media USA or RMSA in any aspect of the Technology or places any restrictions or conditions upon the use of any Technology (provided that nothing contained herein shall preclude the grant of any relicense of the Products as permitted under this Agreement), or (iii) take any other action that would prejudice or interfere with Real Media USA's ownership of any Technology or the patents in any Technology. Nothing in this Paragraph 8 shall restrict or prevent the RMSA from prosecuting or defending as applicable any
Patent and Copyright Protection. Real Media USA makes no representations or warranties concerning the Technology or its patentability, and no
Patent and Copyright Protection. Not Applicable
Patent and Copyright Protection
