Patent or Copyright Infringement. Nothing in this Agreement is intended to grant any rights under any patent or copyright of either party, nor shall this Agreement grant either party any rights in or to the other party’s Confidential Information, except the limited right to review such Confidential Information solely for the purposes of determining whether to enter into the proposed business relationship between the parties.
Patent or Copyright Infringement. The contractor shall report to the Commonwealth promptly and in reasonable written detail, each notice of claim of patent or copyright infringement based on the performance of this Contract of which the contractor has knowledge. The Commonwealth agrees to notify the contractor promptly, in writing, of any such claim, suit or proceeding, and at the contractor's expense give the contractor proper and full information needed to settle and/or defend any such claim, suit or proceeding. If, in the contractor's opinion, the equipment, materials, or information mentioned in the paragraphs above is likely to or does become the subject of a claim or infringement of a United States patent or copyright, then without diminishing the contractor's obligation to satisfy any final award, the contractor may, with the Commonwealth's written consent, substitute other equally suitable equipment, materials, and information, or at the contractor's options and expense, obtain the right for the Commonwealth to continue the use of such equipment, materials, and information. The Commonwealth agrees that the contractor has the right to defend, or at its option, to settle and the contractor agrees to defend at its own expense, or at its option to settle, any claim, suit or proceeding brought against the Commonwealth on the issue of infringement of any United States patent or copyright or any product, or any part thereof, supplied by the contractor to the Commonwealth under this agreement. The contractor agrees to pay any final judgment entered against the Commonwealth on such issue in any suit or proceeding defended by the contractor. If principles of governmental or public law are involved, the Commonwealth may participate in the defense of any such action, but no costs or expenses shall be incurred for the account of the contractor without the contractor's written consent. The contractor shall have no liability for any infringement based upon:
A. the combination of such product or part with any other product or part not furnished to the Commonwealth by the contractor B. the modification of such product or part unless such modification was made by the contractor C. the use of such product or part in a manner for which it was not designed
Patent or Copyright Infringement. Nothing in this Agreement is intended to grant any rights to the Receiving Party under any patent or copyright, nor shall this Agreement grant the Receiving Party any rights in or to the Disclosing Party’s Confidential Information except for the limited right to review such Contract as provided herein.
Patent or Copyright Infringement. Nothing in this agreement is intended to grant any rights to the Recipient with regard to any and all rights of the Company’s rights to patents or copyrights.
Patent or Copyright Infringement. WITHOUT LIMITING THE INDEMNITY REQUIRED ABOVE, THE CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS OWNER, ITS REGENTS, AND COMPONENTS, AND THEIR OFFICERS, AGENTS, EMPLOYEES, AND REPRESENTATIVES FROM LIABILITY OF ANY NATURE OR KIND, INCLUDING COST AND EXPENSE, FOR OR ON ACCOUNT OF INFRINGEMENT OR USE OF ANY PATENTED OR OTHERWISE PROTECTED INVENTION, PROCESS, DOCUMENT, OR ARTICLE IN THE PERFORMANCE OF THIS CONTRACT, INCLUDING ITS USE BY OWNER.
Patent or Copyright Infringement. Provider shall represent that, to the best of its knowledge, none of the software to be used, developed or provided pursuant to this Agreement violates or infringes upon any patent, copyright, or any other right of a third party. If any claim or suit is brought against Subcontractor, Health Plan or the State for the infringement of such patents or copyrights arising from Provider’s use of any equipment, materials, computer software and products, or information prepared by or on behalf of Provider, or developed in connection with Provider’s performance of the Agreement, then Provider shall, at its expense, defend such claim or suit. Provider shall satisfy any final award for such infringement, through a judgment involving such a claim, suit or by settlement, with Subcontractor and Health Plan’s right of approval.
Patent or Copyright Infringement. WITHOUT LIMITING THE INDEMNITY REQUIRED ABOVE, THE DESIGN/BUILD CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS OWNER, ITS REGENTS, AND COMPONENTS, AND THEIR OFFICERS, AGENTS, EMPLOYEES, AND REPRESENTATIVES FROM LIABILITY OF ANY NATURE OR KIND, INCLUDING COST AND EXPENSE, FOR OR ON ACCOUNT OF INFRINGEMENT OR USE OF ANY PATENTED OR OTHERWISE PROTECTED INVENTION, PROCESS, DOCUMENT, OR ARTICLE IN THE PERFORMANCE OF THIS CONTRACT, INCLUDING ITS USE BY OWNER.
Patent or Copyright Infringement. Nothing in this Agreement is intended to grant any rights under any patent or copyright of either party.
Patent or Copyright Infringement. 28.1 The Contractor, solely at its expense, shall defend any claim or suit which may be brought against the Board or the State for the infringement of United States patents or copyrights arising from the Contractor's or the Board's use of any equipment materials or information prepared, developed or furnished by the Contractor in connection with performance of the Agreement, and in any such suit shall satisfy any final judgement for such infringement. The Board will give the Contractor written notice of such claim or suit and full right and opportunity to conduct the defense thereof, together with full information and all reasonable cooperation.
28.2 If principles of governmental or public law are involved, the State may participate in the defense of any action identified in section 28.1 herein, but no costs or expense shall be incurred upon the account of the Contractor without the Contractor's written consent.
28.3 If, in the Contractor's opinion, any equipment, materials or information mentioned in section 28.1 herein is likely to or does become the subject of a claim of infringement of a United States patent or copyright, then, without diminishing the Contractor's obligation to satisfy final award, the Contractor may, with the Board's prior written approval, substitute other equally suitable equipment, materials and information, or at the Contractor's option and expense, obtain the right for the Board to continue the use of such equipment, materials and information.
28.4 In the event that an action at law or in equity is commenced against the State arising out of claim that the State's use of the software under the Agreement infringes on any patent, copyright or proprietary right, and such action is forwarded by the State to the Contractor for defense and indemnification pursuant to section 28 herein, the Board shall send copies of all pleadings and documents forwarded to the Contractor, together with the forwarding correspondence, to the Office of the Attorney General of the State of New York, together with a copy of the Agreement. If upon receipt of such request for defense, or at any time thereafter, the Contractor is of the opinion that the allegations in such action, in whole or in part, are not covered by the indemnification set forth in section 28 herein, the Contractor shall immediately notify the Board and the Office of the Attorney General of the State of New York in writing and shall specify to what extent the Contractor believes they are an...
Patent or Copyright Infringement. Nothing in this Agreement will grant any intellectual property right and any right in the Confidential Information to the Receiving Party.
