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PATENT AND COPYRIGHTS Sample Clauses

PATENT AND COPYRIGHTS. The Subrecipient agrees that HUD and the City retain patent rights and copyrights on any project, which involves research, development, experimental, or demonstration work.
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PATENT AND COPYRIGHTS. ‌ Faculty members are encouraged to engage in research and other activities that may result in the creation of devices, books, programs, or other works in which the faculty member may obtain intellectual property rights leading to a market and profit to be obtained, as long as such does not interfere with their contractual duties. Use of the College equipment, materials and resources for this purpose must be approved in advance by the Chief Academic Officer (CAO). If a faculty member creates an original work on their own resources, the faculty member shall be considered the sole author and owner of the work, and the College shall not be entitled to any royalties or proceeds from the work. If a faculty member creates an original work and does so with substantial support provided by the College, which may include financial assistance, released time, paid leave of absence, or other incentives provided by the College, then the work will be jointly owned by the faculty member and the College. A prior written agreement must be reached between the faculty member and the College specifying the share of ownership, distribution of materials, and fair use within the College, based on the particular facts and circumstances. A "work-for-hire" is a work commissioned by the College for its use through a special contract with a faculty member. Commissioned work might include but is not limited to, instructional text, and computer programs. The College will be sole owner of the work, and the work will not be available for use without the College’s prior express written permission. ARTICLE VII‌
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PATENT AND COPYRIGHTS. Adjunct faculty members retain full intellectual property rights over any works prepared and published independently of the College. If substantial use of the College's resources has been made, adjunct faculty members will share rights in the work according to the policies and guidelines as per the College's full-time faculty collective bargaining agreement.
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PATENT AND COPYRIGHTS. Any faculty member who, while in the employment of the College, develops a device, machine, book, program, or telecourse, Distance Education or other media, that can be patented or copyrighted and for which there is an expected market and profit to be obtained, shall be encouraged to do such research and development, as long as such does not interfere with her/his teaching duties, and providing that any use of College equipment, materials, and resources has been approved by the Vice President for Academic and Student Affairs. In addition, the College shall not be viewed as a partner in any creative venture undertaken by a faculty member. Neither shall it be responsible for marketing or marketing costs pertaining to said creation, nor shall it be required to buy or use said creation. Extent of ownership of said creation shall be determined on the following basis: A. If the faculty member created the product on her/his own time and with her/his own resources, the faculty member shall be entitled to one hundred percent (100%) of all royalties, profits, benefits, etc. B. If the faculty member received financial assistance, release time, or other incentives in the creation or development of the product, the College will be entitled to up to forty percent (40%) of all royalties, profits, benefits, etc. C. Distribution of royalties will be determined on the net profit as reported to the Internal Revenue Service by the faculty member. Where the 60/40 distribution is in dispute, the extent of ownership by the faculty member and the College will be determined on a case-by-case basis taking into account the following: A. Amount of financial assistance received by the faculty member including release time and paid leave. B. Extent of College resources used and expended in development. C. Amount of personal and private time, materials, and other resources utilized by the faculty member. D. Relationship between the item and utilization of that item at the College including in the class(es) or teaching area of the faculty member. E. Other relevant criteria that may be selected by an arbitrator. F. All materials are subject to Federal and State guidelines including the Digital Millennium Copyright Act. When such item has been developed and the issue of ownership arises, the faculty member shall schedule a meeting with the President or designee and seek to arrive at a mutual written agreement as to ownership. If such meeting does not result in an agreement, the faculty mem...
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PATENT AND COPYRIGHTS. Vendor warrants that the manufacture, sale, delivery, use and/or performance of the goods and/or services under this Order does not infringe any intellectual property rights, including without limitation any patent, trademark, trade secret or copyright, now or hereafter granted in any country in the world. Vendor will defend, at its own expense, any suit or claim that may be instituted against NIC or any customer of NIC for such alleged infringement, and Vendor will indemnify NIC and its customers for all costs and damages arising out of such alleged infringement.
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PATENT AND COPYRIGHTS. (1) Where the supply and incorporation of the Equipment, or any component thereof, to the Work and use of such Equipment, or any component thereof, requires the installation or use of any patented, trademarked, copyrighted or other protected intellectual property (“Intellectual Property”), (a) belonging to the Supplier, the Supplier shall grant to the General Contractor an irrevocable and perpetual license to permit the General Contractor to use such Intellectual Property for the supply, installation and use of the Equipment and all components thereof, as contemplated in the Contract Documents, which licence shall be completely assignable to the City upon acceptance of the Equipment by the City; (b) belonging to any other person, the Supplier shall acquire from and pay for the an irrevocable and perpetual license from the owner thereof entitling the General Contractor to use such third party Intellectual Property for the supply, installation and use of the Equipment and all components thereof, as contemplated in the Contract Documents, which licence shall further be completely assignable to the City, upon acceptance of the Equipment by the City. (2) The Equipment price shall include all payments made or to be made or required to be made for the use of any and all Intellectual Property, as provided in subsection (1) above. (3) The Supplier, at its sole expense, shall defend, indemnify and save harmless the City, and its employees, officers, consultants and agents, from all and every claim, action or proceeding for damages, costs (including legal fees on a substantial indemnity basis), charges, expenses, royalties, or fees for the alleged infringement or infringement of any patent, trademark, trade secret, copyright or other proprietary right occasioned by them in connection with the supply of the Deliverables by the Supplier or the installation or use of the Equipment by the General Contractor or the City, as contemplated in this Agreement, as well as for any alleged unfair competition resulting from similarity in design, trademark or appearance of goods or services furnished hereunder. The City may, at its option, be represented at any such proceeding. (4) If the Equipment or the supply of the Deliverables or the installation or use of the Equipment is held in any such claim, action or proceeding to constitute an infringement, the Supplier, at its expense and in compliance with the Specifications, shall forthwith either procure for the General Contractor o...
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PATENT AND COPYRIGHTS. The Subrecipient agrees that the City retain patent rights and copyrights on any project, which involves research, development, experimental, or demonstration work.
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PATENT AND COPYRIGHTS. 8.1 The Supplier shall indemnify the Purchaser against all third-party claims of infringement of patent, trademark, or industrial design rights arising from use of the Goods or any part thereof in Zanzibar.
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PATENT AND COPYRIGHTS. Subcontractor shall assume all liability and responsibility for all royalties, licenses, patent fees, and any other charges made in connection with the use of patented processes upon the work or in connection therewith.
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Related to PATENT AND COPYRIGHTS

  • Patents and Copyrights ‌ All services, information, computer program elements, reports and other deliverables which might be patented or copyrighted and created under this Contract are the property of the Department and shall not be used or released by the Consultant or any other person except with the prior written approval by the Department.

  • Trademarks, Patents and Copyrights (a) Section 3.17 of the Seller Disclosure Schedule contains a true and complete list of Seller Intellectual Property and includes details of all due dates for further filings, maintenance, payments or other actions falling due within twelve (12) months of the Closing Date. All of Seller's patents, patent applications, registered trademarks, and trademark applications, and registered copyrights remain in good standing with all fees and filings due as of the Closing Date duly made and the due dates specified in the Seller Disclosure Schedule are accurate and complete. (b) The Seller Intellectual Property consists solely of items and rights which are: (i) owned by Seller; or (ii) rightfully used by Seller pursuant to a valid license ("SELLER LICENSED INTELLECTUAL PROPERTY"), the parties and date of each such license agreement and each material agreement in which Seller is the licensor or owner of the subject rights in the agreement being set forth on Section 3.17(b) of the Seller Disclosure Schedule. Seller has all rights in Seller Intellectual Property necessary to carry out Seller's current activities (and had all rights necessary to carry out its former activities at the time such activities were being conducted), including without limitation, to the extent required to carry out such activities, rights to make, use, reproduce, modify, adopt, create derivative works based on, translate, distribute (directly and indirectly), transmit, display and perform publicly, license, rent and lease and, other than with respect to the Seller Licensed Intellectual Property, assign and sell, the Seller Intellectual Property. (c) The reproduction, manufacturing, distribution, licensing, sublicensing or sale of any Seller Intellectual Property, now used or offered or proposed for use, licensing or sale by Seller does not infringe on any patent, copyright, trademark, service xxxx, trade name, trade dress, firm name, Internet domain name, logo, trade dress, of any person and does not constitute a misappropriation of any trade secret. No claims (i) challenging the validity, effectiveness or ownership by Seller of any of the Seller Intellectual Property, or (ii) to the effect that the use, distribution, licensing, sublicensing or sale of the Seller Intellectual Property as now used or offered or proposed for use, licensing, sublicensing or sale by Seller infringes or will infringe on any intellectual property or other proprietary right of any person have been asserted or, to the knowledge of Seller, are threatened by any person or have been made or threatened by any person against the Seller's distributors. To the knowledge of Seller, there is no unauthorized use, infringement or misappropriation of any of the Seller Intellectual Property by any third party, employee or former employee. (d) All Seller Intellectual Property has been solely developed by full time employees within the scope of his or her employment with the Seller or within the scope of his or her employment with companies acquired by Seller prior to the date hereof. All employee contribution or participation in the conception and development of the Seller Intellectual Property on behalf of Seller constitutes work prepared by an employee within the scope of his or her employment in accordance with applicable federal and state law that has accorded Seller ownership of all tangible and intangible property thereby arising. (e) Seller is not, nor as a result of the execution or delivery of this Agreement, or performance of Seller's obligations hereunder, will Seller be, in violation of any material license, sublicense, agreement or instrument to which Seller is a party or otherwise bound, nor will execution or delivery of this Agreement, or performance of Seller's obligations hereunder, cause the diminution, termination or forfeiture of any material Seller Intellectual Property. (f) Section 3.17(f) of the Seller Disclosure Schedule contains a true and complete list of all of Seller's internally-developed software programs ("SELLER SOFTWARE PROGRAMS"). Seller owns full and unencumbered right and good, valid and marketable title to such Seller Software Programs and all Seller Intellectual Property free and clear of all mortgages, pledges, liens, security interests, conditional sales agreements or encumbrances. (g) The Seller Software Programs (i) have been designed to ensure year 2000 compatibility, which includes, but is not limited to, being able to provide specific dates and calculate spans of dates within and between twentieth century and twenty-first century, prior to, including and following January 1, 2000; (ii) operate and will operate in accordance with their specifications and correctly process day and date calculations for dates prior and up to December 31, 1999, and on and after January 1, 2000, prior to, during and after the calendar year 2000; and (iii) shall not end abnormally or provide invalid or incorrect results as a result of date data, specifically including date data which represents or references different centuries or more than one century.

  • Other Patents and Copyrights 12 5.7. Remedies.......................................................................... 12

  • Patents, Trademarks and Copyrights Machinery and equipment of the VESSEL, whether made or furnished by the BUILDER under this CONTRACT, may bear the patent numbers, trademarks, or trade names of the manufacturers. The BUILDER shall defend and save harmless the BUYER from all liabilities or claims for or on account of the use of any patents, copyrights or design of any nature or kind, or for the infringement thereof including any unpatented invention made or used in the performance of this CONTRACT and also for any costs and expenses of litigation, if any in connection therewith. No such liability or responsibility shall be with the BUILDER with regard to components and/or equipment and/or design supplied by the BUYER. Nothing contained herein shall be construed as transferring any patent or trademark rights or copyrights in equipment covered by this CONTRACT, and all such rights are hereby expressly reserved to the true and lawful owners thereof.

  • Patent and Copyright Registrations I agree to assist the Company, or its designee, at the Company’s expense, in every proper way to secure the Company’s rights in the Inventions and any copyrights, patents, mask work rights or other intellectual property rights relating thereto in any and all countries, including the disclosure to the Company of all pertinent information and data with respect thereto, the execution of all applications, specifications, oaths, assignments and all other instruments which the Company shall deem necessary in order to apply for and obtain such rights and in order to assign and convey to the Company, its successors, assigns, and nominees the sole and exclusive rights, title and interest in and to such Inventions, and any copyrights, patents, mask work rights or other intellectual property rights relating thereto. I further agree that my obligation to execute or cause to be executed, when it is in my power to do so, any such instrument or papers shall continue after the termination of this Agreement. If the Company is unable because of my mental or physical incapacity or for any other reason to secure my signature to apply for or to pursue any application for any United States or foreign patents or copyright registrations covering Inventions or original works of authorship assigned to the Company as above, then I hereby irrevocably designate and appoint the Company and its duly authorized officers and agents as my agent and attorney in fact, to act for and in my behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the prosecution and issuance of letters patent or copyright registrations thereon with the same legal force and effect as if executed by me.

  • Trademarks and Copyrights 9.1 Distributor acknowledges Airspan's exclusive right, title, and interest in and to any trademarks, trade names, logos and designations which Airspan may at any time have adopted, used, or registered in the United States of America and in the Territory (the "Trademarks"), and will not at any time do or cause to be done any act or thing contesting or in any way impairing or tending to impair any part of said right, title, and interest. In connection with any reference to the Trademarks, Distributor shall not in any manner represent that it has an ownership interest in the Trademarks or registration(s) thereof, and Distributor acknowledges that no action by it or on its behalf shall create in Distributor's favor any right, title, or interest in or to the Trademarks. 9.2 Distributor recognizes the validity of Airspan's copyright in any written material to which Airspan shall have made a claim to copyright protection, and Distributor specifically recognizes Airspan's exclusive right to copyright protection and/or registration of any translation of any advertising, promotional, or descriptive material furnished to Distributor by Airspan. 9.3 Whenever Distributor refers to the Trademarks in advertising or in any other manner to identify the products, Distributor shall clearly indicate Airspan's ownership of the Trademarks and before distributing or publishing any advertising, descriptive, or promotional materials, Distributor shall affirmatively provide Airspan with an opportunity to inspect and approve such materials. 9.4 Distributor agrees that when referring to the Trademarks, it shall diligently comply with all laws pertaining to the Trademarks at any time in force in the Territory. -------------------------------------------------------------------------------- 9.5 Distributor shall promptly notify Airspan of any and all infringements, imitations, illegal uses, or misuses of the Trademarks which come to Distributor's attention. Distributor also agrees that it shall not at any time take any action in the courts or before the administrative agencies of the Territory or otherwise to prevent the infringement, imitation, illegal use, or misuse of the Trademarks, it being clearly understood by Distributor that such action falls wholly within the authority of Airspan as sole owner of the Trademarks. 9.6 Distributor agrees to render to Airspan all assistance in connection with any matter pertaining to the protection of the Trademarks, whether in the courts or before the administrative agencies of the Territory or otherwise, and to make promptly available to Airspan, its Distributors, and attorneys all of Distributor's files, records, and other information pertaining to the advertising, promotion, and sale of the Airspan Products. All assistance requested by Distributor in this paragraph shall be at AIRSPAN's expense. This Expense includes costs, attorneys' and consultants' fees, and reimbursement of time spent by officers, agents and employees of Distributor. 9.7 Distributor agrees and undertakes that it will not at any time, whether during the term of this Agreement or after its expiration or termination, adopt, use, or register without Airspan's prior, written consent any work or symbol or combination thereof which is similar to any of the Trademarks. 9.8 In the advertising and sale of Airspan Products, Distributor may use the Trademarks in relation to those Airspan Products. Distributor will not make or permit the alteration or removal of any tags, labels, or other identifying marks placed by Airspan on Airspan Products. Distributor will not use or give any third party permission to use the Trademarks. Distributor will not use, or give any third party permission to use, the names "Airspan Communications Ltd.", "Airspan Networks Incorporated", "ACL", "ANI" or abbreviations or derivations thereof in Distributor's corporate titles, or in any way which might result in confusion as to Airspan and Distributor being separate and distinct entities. Distributor admits Airspan's exclusive ownership of the name "Airspan Networks Incorporated", "Airspan Communications Ltd.", "ANI", "ACL", and any abbreviations or derivations thereof and all of Airspan's Trademarks (whether registered or not). Distributor shall not take any action inconsistent with Airspan's ownership of such Trademarks; therefore, Distributor shall treat all of Airspan's items distinctively (as to typography) and shall only use exact reproductions of all Airspan's symbols (including Airspan's logo). Distributor shall not adopt or use any Trademark or product name which may be confusingly similar to any Airspan Trademark. Distributor may use the Airspan logo as it appears on Airspan's letterhead.

  • Patent and Copyright Registration The Executive agrees to execute and deliver any instruments or documents and to do all other things reasonably requested by the Company in order to more fully vest the Company with all ownership rights in the Work Product. If any Work Product is deemed by the Company to be patentable or otherwise registrable, the Executive shall assist the Company (at the Company’s expense) in obtaining letters of patent or other applicable registration therein and shall execute all documents and do all things, including testifying (at the Company’s expense) as necessary or appropriate to apply for, prosecute, obtain, or enforce any Intellectual Property right relating to any Work Product. Should the Company be unable to secure the Executive’s signature on any document deemed necessary to accomplish the foregoing, whether due to the Executive’s disability or other reason, the Executive hereby irrevocably designates and appoints the Company and each of its duly authorized officers and agents as the Executive’s agent and attorney-in-fact to act for and on the Executive’s behalf and stead to take any of the actions required of Executive under the previous sentence, with the same effect as if executed and delivered by the Executive, such appointment being coupled with an interest. This Section 9 shall survive the termination of the Agreement for any reason. In the event the Executive breaches this Section 9, the Company shall have right to seek remedies permissible under applicable law.

  • PATENT AND COPYRIGHT INDEMNITY CONTRACTOR represents that it knows of no allegations, claims, or threatened claims that the materials, services, hardware or software (“CONTRACTOR Products”) provided to COUNTY under this Agreement infringe any patent, copyright or other proprietary right. CONTRACTOR shall defend, indemnify and hold harmless COUNTY of, from and against all losses, claims, damages, liabilities, costs expenses and amounts (collectively, “Losses”) arising out of or in connection with an assertion that any CONTRACTOR Products or the use thereof, infringe any patent, copyright or other proprietary right of any third party. a. COUNTY will: (1) notify CONTRACTOR promptly of such claim, suit or assertion; (2) permit CONTRACTOR to defend, compromise, or settle the claim; and, (3) provide, on a reasonable basis, information to enable CONTRACTOR to do so. CONTRACTOR shall not agree without COUNTY’s prior written consent, to any settlement, which would require COUNTY to pay money or perform some affirmative act in order to continue using the CONTRACTOR Products. b. If CONTRACTOR is obligated to defend COUNTY pursuant to this Section 38 and fails to do so after reasonable notice from COUNTY, COUNTY may defend itself and/or settle such proceeding, and CONTRACTOR shall pay to COUNTY any and all losses, damages and expenses (including attorney’s fees and costs) incurred in relationship with COUNTY’s defense and/or settlement of such proceeding. c. In the case of any such claim of infringement, CONTRACTOR shall either, at its option, (1) procure for COUNTY the right to continue using the CONTRACTOR Products; or (2) replace or modify the CONTRACTOR Products so that that they become non-infringing, but equivalent in functionality and performance. d. Notwithstanding this Section 38, COUNTY retains the right and ability to defend itself, at its own expense, against any claims that CONTRACTOR Products infringe any patent, copyright, or other intellectual property right.

  • ROYALTIES, PATENTS AND COPYRIGHTS Contractor shall pay all royalties and license fees, defend suits or claims for infringement of copyrights and patent rights, and shall hold Owner harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications or other documents prepared by Owner or A/E. However, if Contractor has reason to believe that the required design, process, or product is an infringement of a copyright or a patent, Contractor shall be responsible for such loss unless such information is promptly furnished to A/E.

  • Patents, Trademarks, Copyrights and Licenses All patents, patent applications, trademarks, trademark applications, service marks, service xxxx applications, copyrights, copyright applications, design rights, tradenames, assumed names, trade secrets and licenses owned or utilized by any Borrower are set forth on Schedule 5.9, are valid and have been duly registered or filed with all appropriate Governmental Bodies and constitute all of the intellectual property rights which are necessary for the operation of its business; there is no objection to or pending challenge to the validity of any such patent, trademark, copyright, design rights, tradename, trade secret or license and no Borrower is aware of any grounds for any challenge, except as set forth in Schedule 5.9 hereto. Each patent, patent application, patent license, trademark, trademark application, trademark license, service xxxx, service xxxx application, service xxxx license, design rights, copyright, copyright application and copyright license owned or held by any Borrower and all trade secrets used by any Borrower consist of original material or property developed by such Borrower or was lawfully acquired by such Borrower from the proper and lawful owner thereof. Each of such items has been maintained so as to preserve the value thereof from the date of creation or acquisition thereof. With respect to all software used by any Borrower, such Borrower is in possession of all source and object codes related to each piece of software or is the beneficiary of a source code escrow agreement, each such source code escrow agreement being listed on Schedule 5.9 hereto.

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