PUBLISHER’S UNDERTAKINGS. 7.1 The Publisher warrants to the Licensee that the Licensed Materials used as contemplated by this Licence do not infringe the copyright or any other proprietary or intellectual property rights of any person. The Publisher shall indemnify and hold the Licensee harmless from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of any legal action taken against the Licensee claiming actual or alleged infringement of such rights. This indemnity shall survive the termination of this Licence for any reason. This indemnity shall not apply if the Licensee has amended the Licensed Materials in any way not permitted by this Licence.
PUBLISHER’S UNDERTAKINGS. 8.1 The Publisher shall:
PUBLISHER’S UNDERTAKINGS. 5.1 The Publisher shall:
PUBLISHER’S UNDERTAKINGS. 7.1 The Publisher warrants to the Licensee that the Licensed Materials used as contemplated by this Licence do not infringe the copyright or any other proprietary or intellectual property rights of any person. The Publisher shall indemnify and hold the Licensee harmless from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of any legal action taken against the Licensee claiming actual or alleged infringement of such rights. . It is a condition of this indemnity that the Purchaser complies with clause 8.3 and that Xxxxxx Xxxxxxx Ltd has sole authority over the decision to defend or settle any claim. This indemnity shall survive the termination of this Licence for any reason. This indemnity shall not apply if the Licensee has amended the Licensed Materials in any way not permitted by this Licence.
PUBLISHER’S UNDERTAKINGS. The Publisher warrants to the Licensee that the Licensed Materials used as contemplated by this License do not infringe the copyright or any other proprietary or intellectual property rights of any person. The Publisher shall indemnify and hold the Licensee harmless from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of any legal action taken against the Licensee claiming actual or alleged infringement of such rights. This indemnity shall survive the termination of this License for any reason. This indemnity shall not apply if the Licensee has amended the Licensed Materials in any way not permitted by this License. The Publisher shall: make the Licensed Materials available to the Licensee from the Server via the Internet access to which is authenticated by [Internet Protocol Address] [the method] specified in Schedule 1. The Publisher will notify the Licensee [and the Agent] at least [ninety (90)] [sixty (60)] days in advance of any anticipated change of specification in respect of access method, display or any other feature that may affect the manner in which Authorized Users access and make use of the Licensed Materials. [use reasonable endeavours to] make available the electronic copy of each journal issue in the Licensed Materials [not less than {XX}days before the date] [not later than the day] of publication of the printed version. In the event that for technical reasons this is not possible for any particular journal, as a matter of course, such journal shall be identified at the time of licensing, together with such reasons. provide the Licensee within 30 days of the date of this License, with information sufficient to enable the Licensee to access the Licensed Material. [use reasonable endeavours to] ensure that the Server has adequate capacity and bandwidth to support the usage of the Licensee at a level commensurate with the standards of availability for information services of similar scope operating via the World Wide Web, as such standards evolve from time to time over the term of this License. [use reasonable endeavours to] make the Licensed Materials available to the Licensee and to Authorized Users at all times and on a twenty-four hour basis, save for scheduled routine maintenance (which shall be notified to the Licensee [not less than fourteen (14) days in advance] [in advance wherever possible]); use its best endeavours to restore access to the Licensed Material...
PUBLISHER’S UNDERTAKINGS. 7.1 THE PUBLISHER WARRANTS TO THE LICENSEE THAT THE LICENSED MATERIALS USED AS CONTEMPLATED BY THIS LICENSE DO NOT INFRINGE THE COPYRIGHT OR ANY OTHER PROPRIETARY OR INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. THE PUBLISHER SHALL INDEMNIFY AND HOLD THE LICENSEE HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, COSTS, LIABILITY AND EXPENSES (INCLUDING REASONABLE LEGAL AND PROFESSIONAL FEES) ARISING OUT OF ANY LEGAL ACTION TAKEN AGAINST THE LICENSEE CLAIMING ACTUAL OR ALLEGED INFRINGEMENT OF SUCH RIGHTS. THIS INDEMNITY SHALL SURVIVE THE TERMINATION OF THIS LICENSE FOR ANY REASON. THIS INDEMNITY SHALL NOT APPLY IF THE LICENSEE HAS AMENDED THE LICENSED MATERIALS IN ANY WAY NOT PERMITTED BY THIS LICENSE.
PUBLISHER’S UNDERTAKINGS. 5.1 The Publisher shall indemnify and hold the Licensee harmless from and against any direct loss, damage, cost, liability, or expense (including reasonable legal and professional fees) arising out of any legal action taken against the Licensee claiming that the Licensee’s use of the Licensed Material within the terms permitted in this Licence Agreement infringes any copyright or other proprietary or intellectual property rights of any natural or legal person. This indemnity shall survive the termination of this Licence Agreement for any reason. This indemnity shall not apply if the Licensee has modified the Licensed Material in any way not permitted by this Licence Agreement.
PUBLISHER’S UNDERTAKINGS. 7.1 The publisher warrants to the Licensee and Eligible Institutions that the Licensed Materials used as contemplated by this License do not infringe the copyright or any other proprietary or intellectual property rights of any person. The Publisher shall indemnify and hold the Licensee and Eligible Institutions harmless from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of any legal action taken against the Licensee and Eligible Institutions claiming actual or alleged infringement of such rights. This indemnity shall survive the termination of this License for any reason. This indemnity shall not apply if the Licensee or Eligible Institutions has amended the Licensed Materials in any way not permitted by this License.
PUBLISHER’S UNDERTAKINGS. 8.1 The Publisher warrants to the Licensee that the Licensed Materials used as in accordance with the terms of this Licence, do not infringe the copyright or any other proprietary or Intellectual Property Rights of any third party.
PUBLISHER’S UNDERTAKINGS. 5.1 The Publisher shall indemnify and hold the Licensee harmless from and against any direct loss, damage, cost, liability or expense (including reasonable legal and professional fees) arising out of any use of the Licensed Material within the terms permitted in this License Agreement which use infringes any copyright or other proprietary or intellectual property rights of any natural or legal person provided that:
