Proprietary Right. Consultant acknowledges that the “Works” specified or created hereunder have been specifically ordered and commissioned by and are being created under the direction and control of Corporation. Consultant hereby acknowledges and agrees that the Works shall be works made for hire by an independent contractor as defined in the United States Copyright Laws (17 U.S.C. Sections 101 et seq.). Pursuant to this Agreement, the Works are the sole and exclusive property of Corporation free and clear from all claims and rights, or encumbrances, of any nature relating to the Consultant's contributions and efforts, including but not limited to the right to copyright the Works in the name of Consultant as author and proprietor thereof and any termination rights applicable thereto.
Proprietary Right. Regardless of who owns the media on which the Work resides or is distributed, the Work expressly remains the intellectual property of Licensor and/or the Contributors, and Licensor and/or the Contributors retain allright, title and interest in and to the Work and all copies thereof. Licensor expressly reserves all rights not specifically granted in this Agreement.
Proprietary Right. 6.1 Unless otherwise agreed, Seller shall xxxx and keep the Goods, as well as materials and equipment belonging to Buyer stored at the place of production, separate from items belonging to Seller or a third party.
6.2 The Goods shall become the property of Buyer gradually as parts of the Goods are paid for or as parts of the Goods are identified, marked or separated, whichever occur earliest.
6.3 Seller is not entitled to retain the whole or part of the Goods as security for claims on Buyer, notwithstanding any dispute in respect of Seller’s compensation.
Proprietary Right. 12.1 The Intellectual Property Rights of the VAR Products are owned by the Third-Party Software provider. Altinet does not grant any license nor make any warranty, express or implied in relation to the Intellectual Property Rights pertaining to the VAR Products.
12.2 Customer acknowledges that Altinet is not the publisher or developer of the VAR Products and the only warranties or indemnities or license rights are those granted by the applicable Third-Party Software provider.
12.3 Customer shall enter into a XXXX or other agreement with the applicable Third Party Software provider, and such agreement(s) will outline all the representations, Intellectual Property Rights, warranties, and indemnities offered by the applicable Third Party Software provider to Customer with respect to the VAR Products purchased. Any indemnification and liability provisions relating to the VAR Products will be provided in the EULA.
12.4 Notwithstanding the foregoing or any clause to the contrary in this agreement, any Third Party Software provided, recommended or suggested under this agreement (including the VAR Products) are supplied on their own terms and according to the terms and conditions that are attached to each product.
Proprietary Right. (a) Set forth on Schedule 4.10 is the U.S. Patent and Trademark Office registration information with respect to the Love Knot Trademark.
(b) Seller makes no representations or warranties as to the extent or validity of the Proprietary Rights comprising the Seller Love Knot Proprietary Rights, except that, to Seller’s Knowledge: (i) Seller has not misappropriated and is not infringing upon the Proprietary Rights of any third party relating to the “love knot”; and (ii) none of the Seller Love Knot Proprietary Rights is being infringed upon or misappropriated by activities, products or services of any third party.
Proprietary Right. (a) The Disclosure Schedule lists all patents, patent applications, trade names, trademarks, service marks, trademarks registrations, service xxxx registrations, trade xxxx applications, service xxxx applications, registered copyrights, and copyright applications owned by or licensed to the Company or any Subsidiary (the "Proprietary Rights"). The Disclosure Schedule also lists any material intellectual property licenses granted by the Company or a Subsidiary to any third party or by any third party to the Company or a Subsidiary.
(b) There is no claim against the Company or any Subsidiary alleging that the Company or any Subsidiary infringes on the proprietary rights of others pending or, to the Company's Knowledge, threatened. Neither the Company nor any Subsidiary infringes on the proprietary rights of others and, to the Company's Knowledge, the Proprietary Rights of the Company and the Subsidiaries have not been infringed by any third party.
(c) In order to conduct the business of the Company or any Subsidiary, as such is currently being conducted or proposed to be conducted, the Company and any Subsidiary do not require any proprietary rights other than the Proprietary Rights or rights granted or afforded to or by the Company or any Subsidiary pursuant to a Material Contract.
(d) All royalties and minimum royalties payable under any license agreement to which the Company or a Subsidiary is a party as of the date hereof have been paid. The Company and the Subsidiaries are not in breach or of or default under any such license or other agreement. Each license agreement is a valid obligation of the Company or such Subsidiary. Except as set forth in the Disclosure Schedule to Seller's Knowledge, there are no facts which would render any of the Proprietary Rights invalid or unenforceable.
Proprietary Right. (a) The Seller warrants that the sale or use of the Goods to which this order relates in any part of the world will not infringe any patents, registered designs, trade xxxx or trade name or other proprietary rights of the Seller or any other person and the Seller hereby agrees to indemnify PTGL against all claims, costs and expenses resulting from any infringement of any proprietary right whatsoever.
(b) All information disclosed by PTGL in connection with this order is strictly confidential and may not be used by the Seller for any unauthorised purpose.
Proprietary Right. A. Each party acknowledges and agrees that the other party may own certain intellectual property rights, including, without limitation, patent, copyright, trade secret and trade-mxxx rights. Other than as set forth in this Agreement, each party retains all right, title and interest to its intellectual property. This Agreement grants no implied license or other rights with respect to any intellectual property insured of either party.
Proprietary Right. BBI further acknowledges that the Works specified or created pursuant to this Agreement have been specifically ordered and commissioned by, and are being created under, the request of Botanix. BBI hereby acknowledges and agrees that the Works shall be works made for hire by an independent contractor as defined in the United States Copyright Laws (17 U.S.C. Sections 101 et seq.), applying such definition for all Works and not limited to Works capable of copyright.
Proprietary Right. Distributor will not modify or remove any trademark, copyright and other notices of proprietary rights included by AHT or Hydraspin on the Products.
