Common use of Patents and Copyrights Clause in Contracts

Patents and Copyrights. Subject to the limitations of the second paragraph of Section 7, Seller warrants that the Goods sold, except as are made specifically for Buyer according to Xxxxx’s specifications, do not infringe any valid U.S. patent or copyright in existence as of the date of shipment. This warranty is given upon the condition that Xxxxx promptly notifies Seller of any claim or suit involving Buyer in which such infringement is alleged and cooperates fully with Seller and permits Seller to control completely the defense, settlement or compromise of any such allegation of infringement. Seller’s warranty as to use patents only applies to infringement arising solely out of the inherent operation according to Xxxxxx’s specifications and instructions of such Goods. In the event such Goods are held to infringe such a U.S. patent or copyright in such suit, and the use of such Goods is enjoined, or in the case of a compromise or settlement by Seller, Seller shall have the right, at its option and expense, to procure for Buyer the right to continue using such Goods, or replace them with non-infringing Goods, or modify same to become non-infringing, or grant Buyer a credit for the depreciated value of such Goods and accept return of them. In the event of the foregoing, Seller may also, at its option, cancel the agreement as to future deliveries of such Goods, without liability.

Patents and Copyrights. Subject to the limitations of the second paragraph of Section 76, Seller warrants that the Goods sold, sold except as are made specifically for Buyer according to Xxxxx’s specifications, 's specifications do not infringe any valid U.S. U S patent or copyright in existence as of the date of shipment. This warranty is given upon the condition that Xxxxx Buyer promptly notifies notify Seller of any claim or suit involving Buyer in which such infringement is alleged and cooperates and, that Buyer cooperate fully with Seller and permits permit Seller to control completely the defense, defense settlement or compromise of any such allegation of infringement. Seller’s warranty as to use patents only applies to infringement arising solely out of the inherent operation according to Xxxxxx’s specifications and instructions of such Goods. In the event such Goods are held to infringe such a U.S. U S patent or copyright in such suit, and the use of such Goods is enjoined, or in the case of a compromise or settlement by Seller, Seller shall have the right, at its option and expense, expense to procure for Buyer the right to continue using such Goods, Goods or replace them with non-infringing Goods, or modify same to become non-infringing, or grant Buyer a credit for the depreciated value of such Goods and accept return of them. In the event of the foregoing, Seller may also, at its option, cancel the agreement as to future deliveries of such Goods, without liability.

Patents and Copyrights. Subject to the limitations of the second paragraph of Section 7set forth herein and in Sections 8 and 9, Seller warrants that the Goods sold, except as are those Goods made specifically for Buyer according to Xxxxx’s specifications's drawings or specifications or otherwise at Buyer's direction, do not infringe any valid U.S. patent or copyright copyright, as the case may be, in existence as of the date of shipment. This warranty is given upon the condition that Xxxxx Buyer promptly notifies notify Seller of any claim or suit involving Buyer in which such infringement is alleged alleged, and cooperates that Buyer cooperate fully with Seller and permits permit Seller to control completely the defense, settlement or compromise of any such allegation of infringement. Seller’s 's warranty as to use patents only applies to infringement infringements arising solely out of the inherent operation operation, according to Xxxxxx’s 's specifications and instructions instructions, of such Goods. In the event such Goods are held to infringe such upon a U.S. patent or copyright in such suit, and the use of such Goods is enjoined, or in the case of a compromise or settlement by Seller, Seller shall have the right, at its option and expense, to procure for Buyer the right to continue using such Goods, or replace them with non-infringing Goods, or modify same to become non-infringing, or grant Buyer a credit for the depreciated value of such Goods and accept return of thempurchase price less 20% for each year or fraction thereof since it was shipped to Buyer. In the event of the foregoing, Seller may also, at its option, cancel the this agreement as to future deliveries of such Goods, without liability. Xxxxx agrees to indemnify and save Seller harmless from all expenses and damages resulting from any claim, suit or proceeding for alleged infringement of any patent or copyright based in whole or in part upon the manufacture, sale or use of any Goods or any part thereof, in combination or assembly with machinery or apparatus not furnished under this agreement.

Patents and Copyrights. Subject to the limitations of set forth in the second paragraph of Section 7Master License Agreement, Seller warrants that the Goods sold, except as are made specifically for Buyer according to Xxxxx’s specifications, do not infringe any valid U.S. patent or copyright in existence as of the date of shipment. This warranty is given upon the condition that Xxxxx Buyer promptly notifies notify Seller of any claim or suit involving Buyer in which such infringement is alleged and cooperates cooperate fully with Seller and permits permit Seller to control completely the defense, settlement settlement, or compromise of any such allegation of infringement. Seller’s warranty as to use patents only applies to infringement arising solely out of the inherent operation according to XxxxxxSeller’s specifications and instructions (i) of such Goods, or (ii) of any combination of Goods acquired from Seller in a system designed by Seller. In the event such Goods are held to infringe such a U.S. patent or copyright in such suit, and the use of such Goods is enjoined, or in the case of a compromise or settlement by Seller, Seller shall have the right, at its option and expense, to procure for Buyer the right to continue using such Goods, or replace them with non-infringing Goods, or modify same to become non-non- infringing, or grant Buyer a credit for the depreciated value of such Goods and accept return of them. In the event of the foregoing, Seller may also, at its option, cancel the agreement Agreement as to future deliveries of such Goods, without liability.

Patents and Copyrights. Subject to the limitations of the second paragraph of Section 7set forth herein and in Sections 8 and 9, Seller warrants that the Goods sold, except as are those Goods made specifically for Buyer according to Xxxxx’s specifications's drawings or specifications or otherwise at Buyer's direction, do not infringe any valid U.S. patent or copyright copyright, as the case may be, in existence as of the date of shipment. This warranty is given upon the condition that Xxxxx Buyer promptly notifies notify Seller of any claim or suit involving Buyer in which such infringement is alleged alleged, and cooperates that Buyer cooperate fully with Seller and permits permit Seller to control completely the defense, settlement or compromise of any such allegation of infringement. Seller’s 's warranty as to use patents only applies to infringement infringements arising solely out of the inherent operation operation, according to Xxxxxx’s 's specifications and instructions instructions, of such Goods. In the event such Goods are held to infringe such upon a U.S. patent or copyright in such suit, and the use of such Goods is enjoined, or in the case of a compromise or settlement by Seller, Seller shall have the right, at its option and expense, to procure for Buyer the right to continue using such Goods, or replace them with non-non- infringing Goods, or modify same to become non-infringing, or grant Buyer a credit for the depreciated value of such Goods and accept return of thempurchase price less 20% for each year or fraction thereof since it was shipped to Buyer. In the event of the foregoing, Seller may also, at its option, cancel the this agreement as to future deliveries of such Goods, without liability. Xxxxx agrees to indemnify and save Seller harmless from all expenses and damages resulting from any claim, suit or proceeding for alleged infringement of any patent or copyright based in whole or in part upon the manufacture, sale or use of any Goods or any part thereof, in combination or assembly with machinery or apparatus not furnished under this agreement.

Patents and Copyrights. Subject to the limitations of the second paragraph of Section 7set forth herein and in Sections 7 and 8, Seller warrants that the Goods sold, except as are those Goods made specifically for Buyer according to Xxxxx’s specifications's drawings or specifications or otherwise at Buyer's direction, do not infringe any valid U.S. patent or copyright copyright, as the case may be, in existence as of the date of shipment. This warranty is given upon the condition that Xxxxx Buyer promptly notifies notify Seller of any claim or suit involving Buyer in which such infringement is alleged alleged, and cooperates that Buyer cooperate fully with Seller and permits permit Seller to control completely the defense, settlement or compromise of any such allegation of infringement. Seller’s 's warranty as to use patents only applies to infringement infringements arising solely out of the inherent operation operation, according to Xxxxxx’s 's specifications and instructions instructions, of such Goods. In the event such Goods are held to infringe such upon a U.S. patent or copyright in such suit, and the use of such Goods is enjoined, or in the case of a compromise or settlement by Seller, Seller shall have the right, at its option and expense, to procure for Buyer the right to continue using such Goods, or replace them with non-infringing Goods, or modify same to become non-infringing, or grant Buyer a credit for the depreciated value of such Goods and accept return of thempurchase price less 20% for each year or fraction thereof since it was shipped to Buyer. In the event of the foregoing, Seller may also, at its option, cancel the this agreement as to future deliveries of such Goods, without liability. Xxxxx agrees to indemnify and save Seller harmless from all expenses and damages resulting from any claim, suit or proceeding for alleged infringement of any patent or copyright based in whole or in part upon the manufacture, sale or use of any Goods or any part thereof, in combination or assembly with machinery or apparatus not furnished under this agreement.