Common use of Representations and Warranties Regarding Listings Clause in Contracts

Representations and Warranties Regarding Listings. Participant represents and warrants with respect to each Participant’s Listing or change to a Participant’s Listing submitted to MLS under this Agreement and the Rules and Regulations, the following: a. The respective Seller has assigned or licensed in writing all of Seller’s rights, title and interest, including all copyright rights and other intellectual property rights, in and to the Listing Content to Participant. b. The Participant’s Listing complies in all respects with the Rules and Regulations. c. To the best of Participant’s and any applicable Sales Licensee’s knowledge and after reasonable due diligence to verify the accuracy of all information in the Participant’s Listing, all information included in the Participant’s Listing is accurate and not misleading. d. The Listing Content for each Participant’s Listing is an original work of authorship of Participant, or Participant is the assignee or licensee of such Listing Content pursuant to an enforceable assignment or license. Except for Participant and any person or entity, which has assigned his, her or its rights in accordance with Section 4 of this Agreement, no other person or entity has any rights of any nature in or to any of the Listing Content for any Participant’s Listing. e. There is no claim, litigation or proceeding pending or threatened with respect to the Listing Content for any Participant’s Listing. f. The Listing Content, and the assignment of rights in and to Listing Content to MLS, do not infringe or violate any patents, copyrights, mask work rights, trademarks, trade secrets or other proprietary rights of any third party.

Representations and Warranties Regarding Listings. Participant Subscriber represents and warrants with respect to each ParticipantSubscriber’s Listing or change to a ParticipantSubscriber’s Listing submitted to MLS under this Agreement and the Rules and Regulations, the following: a. The respective Seller has assigned or licensed in writing all of Seller’s rights, title and interest, including all copyright rights and other intellectual property rights, in and to the Listing Content to ParticipantSubscriber. b. The ParticipantSubscriber’s Listing complies in all respects with the Rules and Regulations. c. To the best of Participant’s and any applicable Sales LicenseeSubscriber’s knowledge and after reasonable due diligence to verify the accuracy of all information in the ParticipantSubscriber’s Listing, all information included in the Participant’s Listing is accurate and not misleading. d. The Listing Content for each ParticipantSubscriber’s Listing is an original work of authorship of Participant, or Participant is the assignee or licensee of such Listing Content pursuant to an enforceable assignment or license. Except for Participant Subscriber and any person or entity, which has assigned his, her or its rights in accordance with Section 4 of this Agreement, no other person or entity has any rights of any nature in or to any of the Listing Content for any ParticipantSubscriber’s Listing. e. There is no claim, litigation or proceeding pending or threatened with respect to the Listing Content for any ParticipantSubscriber’s Listing. f. The Listing Content, and the assignment of rights in and to Listing Content to MLS, do not infringe or violate any patents, copyrights, mask work rights, trademarks, trade secrets or other proprietary rights of any third party.

Representations and Warranties Regarding Listings. Participant represents and warrants with respect to each Participant’s Listing or change to a Participant’s Listing submitted to MLS under this Agreement and the Rules and Regulations, the following: a. The respective Seller has assigned or licensed in writing all of Seller’s rights, title and interest, including all copyright rights and other intellectual property rights, in and to the Listing Content to Participant. b. The Participant’s Listing complies in all respects with the Rules and Regulations. c. To the best of Participant’s and any applicable Sales Licensee’s knowledge and after reasonable due diligence to verify the accuracy of all information in the Participant’s Listing, all information included in the Participant’s Listing is accurate and not misleading. d. The Listing Content for each Participant’s Listing is an original work of authorship of Participant, or Participant is the assignee or licensee of such Listing Content pursuant to an enforceable assignment or licenseassignment. Except for Participant and any person or entity, entity which has assigned his, her or its rights in accordance with Section 4 7 of this Agreement, no other person or entity has any rights of any nature in or to any of the Listing Content for any Participant’s Listing. e. There is no claim, litigation or proceeding pending or threatened with respect to the Listing Content for any Participant’s Listinglisting. f. The Listing Content, and the assignment of rights in and to Listing Content to MLS, do not infringe or violate any patents, copyrights, mask work rights, trademarks, trade secrets or other proprietary rights of any third party.