Protection Rights. Retail Clients/ Professional Clients Where the Company treats the Client as a retail client, he/she/they will be entitled to more protections under the current regulations than if the Client was entitled to be a professional client. In summary the additional protections retail clients are entitled to are as follows:
a) A retail client will be given more information/disclosures with regard to the Company, its services and any investments, its cost, commissions, fees and charges and the safeguard- ing of client financial instruments and client funds.
b) Under the current regulations, where the Company provides investment services other than investment advice (in the form of personal recommendations) or discretionary port- folio management, the Company shall ask a retail client to provide information regarding his knowledge and experience in the investment field relevant to the specific type of product or service offered or demanded so as to enable the investment firm to assess whether the investment service or product envisaged is appropriate for the client. In case the Company considers, on the basis of the information received, that the product or ser- vice is not appropriate to a retail client, it shall warn the client accordingly. Please note that the Company is not required to assess appropriateness in certain cases specified by law. The Company shall be entitled to assume that a professional client has the necessary experience and knowledge in order to understand the risks involved in relation to those particular investment services or transactions, or types of transaction or product, for which the client is classified as a professional client. Consequently, and unlike the situation with a retail client, the Company should not generally need to obtain additional information from the client for the purposes of the assessment of appropriateness for those products and services for which they have been classified as a professional client.
c) When executing orders, investment firms and credit institutions providing investment services must take all reasonable steps to achieve what is called “best execution” of the client’s orders that is to obtain the best possible result for their clients. Where the Company executes an order on behalf of a retail client, the best possible result shall be determined in terms of the total consideration, representing the price of the financial instrument and the cost related to execution, which shall include all expenses incu...
Protection Rights. 1. The supplier warrants that his consignment and its utilization do not violate any rights of third parties.
2. The supplier shall be obligated to indemnify us on our first written demand against all claims that third parties assert against us. We are not entitled to make any agreements with the third parties, especially a settlement, without the approval of the supplier.
3. The duty of exemption of the supplier refers to all expenses necessarily incurred by or in connection with the use by a third party.
4. The limitation period is ten years after the completion of the contract.
Protection Rights. In the event when a third party reports a claim to PESA concerning an alleged violation of protection rights in connection with the Product delivered by the Seller, the Seller will be obliged, on the first written request of PESA, exempt PESA from such claims of third parties, unless the Seller is not liable for this breach. The obligation to exempt from claims covers any costs that will be created on the side of PESA in connection with the claims filed by third parties. The period of expiration of a claim of PESA concerning exemption of PESA from such claims of third parties is three years from the moment of […].
Protection Rights. (1) The supplier bears liability that the use or resale of the ordered goods is admissible without violating any third-party industrial property rights (patents, registered designs, trademarks, license rights, and so on). In case third-party property rights are violated, the supplier holds us harmless against all claims; furthermore, we are entitled to rescind the contract any time.
(2) If claims are asserted against us by a third party due to such infringement, the supplier shall be obliged to indemnify us from these claims on first written request.
(3) The supplier's indemnity obligation refers to all expenses necessarily incurred by us due to or in relation with the claims made by a third party. This shall also apply to all judicial and extrajudicial costs and expenses in relation with proceedings initiated due to a violation of property rights.
(4) The period of limitation is ten years from the date of concluding the contract.
Protection Rights. 1. The supplier guarantees that his delivery does not infringe the rights of third parties within the Federal Republic of Germany.
2. If a third party claims against us in such a matter, the supplier is obliged to exempt us from these claims at the first written demand. We are not entitled to make any agreements with the third party and especially not to reach a settlement without the supplier’s consent.
3. The supplier’s obligation for exemption refers to all applications, which necessitate from or in connection with the claim by a third party.
4. The statute of limitation is 10 years from the conclusion of contract.
Protection Rights a. Except as otherwise provided by this Agreement, CEL-SCI shall not grant any third party the right to sell, ship and/or distribute the Product to any person or entity outside the Territory who CEL-SCI knows intends to sell, ship and/or distribute the Product (in bulk or dosage form) in or to the Territory for human cancer indications. In the event CEL-SCI becomes aware during the time that Orient Europharma has exclusive rights pursuant to this Agreement, that any third party with whom CEL-SCI contracts to distribute Product outside the Territory is selling or distributing Product in the Territory directly or indirectly, CEL-SCI shall promptly advise such third party to cease selling and distributing Product in the Territory. In the event that such third party continues to sell or distribute Product in the Territory following such notice, CEL-SCI shall commence legal action against such party to terminate such activity.
b. During the Term of this Agreement, Orient Europharma shall not directly or indirectly manufacture, develop, ship, market, sell or distribute any immunotherapeutic product that competes with Product in the Territory for the indications of head & neck cancer, adenocarcinoma of the nasal pharynx or cervical cancer. In addition, Orient Europharma shall not directly or indirectly manufacture, develop, ship, market, sell or distribute any product that is a cytokine mixture, for any indication.
c. Orient Europharma shall not directly or indirectly manufacture, develop, ship, market, sell or distribute Product outside the Territory.
d. If there are any new discoveries, inventions, patents, or other intellectual property as the result of this Agreement, CEL-SCI shall own such intellectual property.
Protection Rights. 13.1 All intellectual property rights and commercialization rights in ant to all Software and all other intellectual property rights in and to all other deliverables under this Contract shall remain with Seon.
13.2 Seon grants to Customer a non-exclusive, non-transferable, irrevocable, limited licence for the delivered Software in object code form only;
a) for use only by Customer and its employees and independent contractors;
b) to install the Software:
(i) for the vMax View, on as many Customer computers as it may determine only for use related to Customer’s Bus Surveillance Camera System;
c) to make backup-copies of the Software only for Customer’s own use to secure programs and data related to Customer’s Bus Surveillance Camera System.
13.3 Customer shall comply with all specific third party manufacturer’s terms of licences for third party hardware and software delivered pursuant to this Contract.
13.4 Customer shall not:
a) use, copy, republish or distribute the Software, or cause or permit any person to use, copy, republish or distribute the Software, except as expressly permitted under this Contract;
b) loan, sell, rent, lease, sublicense, grant a security interest in, republish, distribute, loan or otherwise transfer rights to the Software, in whole or in part;
c) directly or indirectly attempt in any way to derive the source code, content, structure, sequence or organization of all or any portion of the Software, nor will attempt to modify, port, reverse engineer, de-compile, or translate the Software, or to create derivative works thereof;
d) remove any proprietary notices or labels from the Software; or
e) separate any component parts of the Software for use license, distribution or replacement by Customer.
13.5 Seon shall not be required to assign any copyrights, patents, and title for any custom software development. Seon shall retain ownership of all custom and derivative Software designs, source code, and object code.
13.6 Customer acknowledges and agrees that this Contract does not grant Customer any rights to use any trademarks or trade names of Seon or its licensors. All such marks shall remain the property of the respective owner.
Protection Rights. It shall not be a violation of this Agreement or cause for discipline for a dependent contractor in the performance of his duties, to refuse to cross a legal picket line recognized by the Union. The Union shall notify the Company as soon as possible of the existence of such recognized legal picket lines.
Protection Rights. 5.1 On assembly, constructions, drawings and other documents, we retain ownership and intellectual propriety rights. Any other use of the material without any prior consent from Opto GmbH/UK Ltd is prohibited and liable for damages.
5.2 For examination of rights and uses on our delivered drawings and samples the customer alone responsible.