Common use of Patents, Copyrights, and Intellectual Property Clause in Contracts

Patents, Copyrights, and Intellectual Property. 7.1 If the Contractor furnishes any design, device, material, process, or other item, which is covered by a patent, trademark or service xxxx, or copyright or which is proprietary to, or a trade secret of, another, the Contractor shall obtain the necessary permission or license to permit the State to use such item or items. 7.2 The Contractor will defend or settle, at its own expense, any claim or suit against the State alleging that any such item furnished by the Contractor infringes any patent, trademark, service xxxx, copyright, or trade secret. If a third party claims that a product infringes that party’s patent, trademark, service xxxx, trade secret, or copyright, the Contractor will defend the State against that claim at Contractor’s expense and will pay all damages, costs, and attorneys’ fees that a court finally awards, provided the State: (a) promptly notifies the Contractor in writing of the claim; and (b) allows Contractor to control and cooperates with Contractor in, the defense and any related settlement negotiations. The obligations of this paragraph are in addition to those stated in Section 7.3 below. 7.3 If any products furnished by the Contractor become, or in the Contractor’s opinion are likely to become, the subject of a claim of infringement, the Contractor will, at its option and expense: (a) procure for the State the right to continue using the applicable item; (b) replace the product with a non-infringing product substantially complying with the item’s specifications; or (c) modify the item so that it becomes non-infringing and performs in a substantially similar manner to the original item.

Patents, Copyrights, and Intellectual Property. 7.1 All copyrights, patents, trademarks, trade secrets, and any other intellectual property rights existing prior to the Effective Date of this Contract shall belong to the party that owned such rights immediately prior to the Effective Date (“Pre-Existing Intellectual Property”). If the Contractor furnishes any design, device, material, process, or other item, which item provided by Contractor is covered by a patent, trademark or service xxxx, patent or copyright or which is proprietary to, or a trade secret of, of another, the Contractor shall obtain the necessary permission or license to permit the State County to use such item or itemsitems pursuant to its rights granted under the Contract. 7.2 The Contractor will defend or settle, at its own expense, any claim or suit against the State County alleging that any such item furnished by the Contractor infringes any patent, trademark, service xxxxmark, copyright, or trade secret. If a third third-party claims that a product infringes that party’s patent, trademark, service xxxxmark, trade secret, or copyright, the Contractor will defend the State County against that claim at Contractor’s expense and will pay all damages, costs, and attorneys’ fees that a court finally awards, provided the StateCounty: (a) promptly notifies the Contractor in writing of the claim; and (b) allows Contractor to control and cooperates with Contractor in, the defense and any related settlement negotiations. The obligations of this paragraph are in addition to those stated in Section 7.3 below. 7.3 If any products furnished by the Contractor become, or in the Contractor’s opinion are likely to become, the subject of a claim of infringement, the Contractor will, at its option and expense: (a) procure for the State County the right to continue using the applicable item; (b) replace the product with a non-non- infringing product substantially complying with the item’s specifications; or (c) modify the item so that it becomes non-infringing and performs in a substantially similar manner to the original item.

Patents, Copyrights, and Intellectual Property. 7.1 All copyrights, patents, trademarks, trade secrets, and any other intellectual property rights existing prior to the Effective Date of this Contract shall belong to the party that owned such rights immediately prior to the Effective Date (“Pre-Existing Intellectual Property”). If the Contractor furnishes any design, device, material, process, or other item, which item provided by Contractor is covered by a patent, trademark or service xxxx, patent or copyright or which is proprietary to, or a trade secret of, of another, the Contractor shall obtain the necessary permission or license to permit the State County to use such item or itemsitems pursuant to its rights granted under the Contract. 7.2 The Contractor will defend or settle, at its own expense, any claim or suit against the State County alleging that any such item furnished by the Contractor infringes any patent, trademark, service xxxxmark, copyright, or trade secret. If a third third-party claims that a product infringes that party’s patent, trademark, service xxxxmark, trade secret, or copyright, the Contractor will defend the State County against that claim at Contractor’s expense and will pay all damages, costs, and attorneys’ fees that a court finally awards, provided the StateCounty: (a) promptly notifies the Contractor in writing of the claim; and (b) allows Contractor to control and cooperates with Contractor in, the defense and any related settlement negotiations. The obligations of this paragraph are in addition to those stated in Section 7.3 below. 7.3 If any products furnished by the Contractor become, or in the Contractor’s opinion are likely to become, the subject of a claim of infringement, the Contractor will, at its option and expense: (a) procure for the State County the right to continue using the applicable item; (b) replace the product with a non-infringing product substantially complying with the item’s specifications; or (c) modify the item so that it becomes non-infringing and performs in a substantially similar manner to the original item.

Patents, Copyrights, and Intellectual Property. 7.1 If the Contractor furnishes any design, device, material, process, or other item, which is covered by a patent, trademark or service xxxxmark, or copyright or which is proprietary to, or a trade secret of, another, the Contractor shall obtain the necessary permission or license to permit the State to use such item or items. 7.2 The Contractor will defend or settle, at its own expense, any claim or suit against the State alleging that any such item furnished by the Contractor infringes any patent, trademark, service xxxxmark, copyright, or trade secret. If a third party claims that a product infringes that party’s patent, trademark, service xxxxmark, trade secret, or copyright, the Contractor will defend the State against that claim at Contractor’s expense and will pay all damages, costs, and attorneys’ fees that a court finally awards, provided the State: (a) promptly notifies the Contractor in writing of the claim; and (b) allows Contractor to control and cooperates with Contractor in, the defense and any related settlement negotiations. The obligations of this paragraph are in addition to those stated in Section 7.3 below. 7.3 If any products furnished by the Contractor become, or in the Contractor’s opinion are likely to become, the subject of a claim of infringement, the Contractor will, at its option and expense: (a) procure for the State the right to continue using the applicable item; (b) replace the product with a non-infringing product substantially complying with the item’s specifications; or (c) modify the item so that it becomes non-infringing and performs in a substantially similar manner to the original item.

Patents, Copyrights, and Intellectual Property. 7.1 If the Contractor furnishes any design, device, material, process, or other item, which is covered by a patent, trademark or service xxxx, or copyright copyright, or which is proprietary to, or a trade secret of, another, the Contractor shall obtain the necessary permission or license to permit the State to use such item or items. 7.2 The Contractor will defend or settle, at its own expense, any claim or suit against the State alleging that any such item furnished by the Contractor infringes any patent, trademark, service xxxx, copyright, or trade secret. If a third party claims that a product infringes that party’s patent, trademark, service xxxx, trade secret, or copyright, the Contractor will defend the State against that claim at Contractor’s expense and will pay all damages, costs, and attorneys’ fees that a court finally awards, provided the State: (a) promptly notifies the Contractor in writing of the claim; and (b) allows Contractor to control and cooperates with Contractor in, the defense and any related settlement negotiations. The obligations of this paragraph are in addition to those stated in Section 7.3 below. 7.3 If any products furnished by the Contractor become, or in the Contractor’s opinion are likely to become, the subject of a claim of infringement, the Contractor will, at its option and expense: : (a) procure for the State the right to continue using the applicable item; (b) replace the product with a non-infringing product substantially complying with the item’s specifications; or (c) modify the item so that it becomes non-infringing and performs in a substantially similar manner to the original item.

Patents, Copyrights, and Intellectual Property. 7.1 If the Contractor furnishes any design, device, material, process, or other item, which is covered by a patent, trademark or service xxxx, or copyright or which is proprietary to, or a trade secret of, another, the Contractor shall obtain the necessary permission or license to permit the State to use such item or items. 7.2 The Contractor will defend or settle, at its own expense, any claim or suit against the State alleging that any such item furnished by the Contractor infringes any patent, trademark, service xxxx, copyright, or trade secret. If a third party claims that a product infringes that party’s patent, trademark, service xxxx, trade secret, or copyright, the Contractor will defend the State against that claim at Contractor’s expense and will pay all damages, costs, and attorneys’ fees that a court finally awards, provided the State: (a) promptly notifies the Contractor in writing of the claim; and (b) allows Contractor to control and cooperates with Contractor in, the defense and any related settlement negotiations. The obligations of this paragraph are in addition to those stated in Section 7.3 below. 7.3 If any products furnished by the Contractor become, or in the Contractor’s opinion are likely to become, the subject of a claim of infringement, the Contractor will, at its option and expense: (a) procure for the State the right to continue using the applicable item; (b) replace the product with a non-infringing product substantially complying with the item’s specifications; or (c) modify the item so that it becomes non-non- infringing and performs in a substantially similar manner to the original item.

Patents, Copyrights, and Intellectual Property. 7.1 6.1 If the Contractor furnishes any design, device, material, process, or other item, which is covered by a patent, patent trademark or service xxxxmark, or copyright or which is proprietary to, to or a trade secret of, of another, the Contractor shall obtain the necessary permission or license to permit the State to use such item or items. 7.2 6.2 The Contractor will defend or settle, settle at its own expense, any claim or suit against the State alleging that any such item furnished by the Contractor infringes any patent, trademark, service xxxxmark, copyright, or trade secret. If a third party claims that a product infringes that party’s xxxxx's patent, trademark, service xxxxmark, trade secret, or copyright, the Contractor will defend the State against that claim at Contractor’s 's expense and will pay all damages, costs, costs and attorneys’ attorney fees that a court finally awards, provided the State: lhe State (ai) promptly notifies the Contractor in writing of the claim; and (bii) allows Contractor to control and cooperates with Contractor in, the defense and any related settlement negotiations. The obligations of this paragraph are in addition to those stated in Section 7.3 6.3 below. 7.3 6.3 If any products furnished by the Contractor become, or in the Contractor’s 's opinion are likely to become, the subject of a claim of infringement, the Contractor will, at its option and expense: (a) procure for the State the right to continue using the applicable item; (, b) replace the product with a non-infringing product substantially complying with the item’s 's specifications; , or (c) modify the item so that it becomes non-infringing non-infi.inging and performs in a substantially similar manner to the original item.

Patents, Copyrights, and Intellectual Property. 7.1 If the Contractor furnishes any design, device, material, process, or other item, which is covered by a patent, trademark or service xxxx, or copyright or which is proprietary to, or a trade secret of, another, the Contractor shall obtain the necessary permission or license to permit the State to use such item or items. 7.2 The Contractor will defend or settle, at its own expense, any claim or suit against the State alleging that any such item furnished by the Contractor infringes any patent, trademark, service xxxx, copyright, or trade secret. If a third party claims that a product infringes that party’s patent, trademark, service xxxx, trade secret, or copyright, the Contractor will defend the State against that claim at Contractor’s expense and will pay all damages, costs, and attorneys’ fees that a court finally awards, provided the State: (a) promptly notifies the Contractor in writing of the claim; and (b) allows Contractor to control and cooperates with Contractor in, the defense and any related settlement negotiations. Notwithstanding the foregoing, Contractor will not have any duty to indemnify, defend or hold harmless the State with respect to any claim of infringement resulting from (1) the State’s misuse of the Contractor’s services; (2) the State’s failure to use any corrections made available by Contractor; (3) the State’s use of the Contractor services in combination with any product or information not provided or authorized in writing by Contractor; or (4) any information, direction, specification, or materials provided by the State. The obligations of this paragraph are in addition to those stated in Section 7.3 below. 7.3 If any products furnished by the Contractor become, or in the Contractor’s opinion are likely to become, the subject of a claim of infringement, the Contractor will, at its option and expense: (a) procure for the State the right to continue using the applicable item; (b) replace the product with a non-infringing product substantially complying with the item’s specifications; or (c) modify the item so that it becomes non-infringing and performs in a substantially similar manner to the original item.

Patents, Copyrights, and Intellectual Property. 7.1 If the Contractor furnishes any design, device, material, process, or other item, which is covered by a patent, trademark or service xxxx, or copyright or which is proprietary to, or a trade secret of, another, the Contractor shall obtain the necessary permission or license to permit the State to use such item or items. 7.2 The Contractor will defend or settle, at its own expense, any claim or suit against the State alleging that any such item furnished by the Contractor infringes any patent, trademark, service xxxx, copyright, or trade secret. If a third party claims that a product infringes that party’s patent, trademark, service xxxx, trade secret, or copyright, the Contractor will defend the State against that claim at Contractor’s expense and will pay all damages, costs, and attorneys’ fees that a court finally awards, provided the State: (a) promptly notifies the Contractor in writing of the claim; and (b) allows Contractor to control and cooperates with Contractor in, the defense and any related settlement negotiations. The obligations of this paragraph are in addition to those stated in Section 7.3 below. 7.3 If any products furnished by the Contractor become, or in the Contractor’s opinion are likely to become, the subject of a claim of infringement, the Contractor will, at its option and expense: : (a) procure for the State the right to continue using the applicable item; (b) replace the product with a non-infringing product substantially complying with the item’s specifications; or (c) modify the item so that it becomes non-infringing and performs in a substantially similar manner to the original item.