Software and Intellectual Property. Each of the parties hereto represents and warrants to the other that, with respect to all software and other intellectual property in connection with the operation of the Interface furnished or required to be furnished pursuant to this Agreement (collectively, the "Intellectual Property"), each either owns the Intellectual Property furnished by it or is fully authorized to deliver the Intellectual Property and to allow the Intellectual Property to be used in connection with the Interface, as con templated by this Agreement. Should any claim be raised by any third party that the use of any of the Intellectual Property or the delivery of any of the Intellectual Property in connection with this agreement constitutes infringement of any patent, copyright, license or other property right (a "Claim"), the party furnishing such Intellectual Property shall, at its expense, defend any such Claim in accordance with the provisions of Section 8.1 of this Agreement. Should either party be temporarily or permanently enjoined from using any of the Intellectual Property as a result of any Claim, the other party, at its option and own expense, shall either procure the right to continue to use the Intellectual Property free from any Claim or replace or modify the offending Intellectual Property so that its use becomes non-infringing, within 15 days of the date on which it receives notice of the claim (either such corrective action being referred to herein as a "Correction"). If a Correction is not accomplished, the party who furnished the Intellectual Property resulting in the Claim shall be deemed to be in default of this Agreement, and in such event, Sections 5.2 and 6.3 of
Software and Intellectual Property. Masergy may make certain software available to Customer in connection with its Services (“the Software”). Customer’s use of this Software is subject to any software license terms that Customer may be required to consent to as a condition to using the Software. CUSTOMER ACKNOWLEDGES THAT MASERGY AND MASERGY’S THIRD-PARTY SOFTWARE SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THOSE ARISING FROM COURSE OF DEALING AND USAGE OF TRADE WITH RESPECT TO ANY SOFTWARE.
Software and Intellectual Property. Masergy may make certain Software available to Customer in connection with its CC Service. Customer’s use of this Software is subject to any software license terms that Customer may be required to consent to as a condition to using the Software.
Software and Intellectual Property. (i) Each of the parties hereto represents and warrants to the other that, with respect to all software and other intellectual property in connection with the Services or otherwise required to be furnished pursuant to this Agreement (collectively, the "Intellectual Property"), each either owns the Intellectual Property furnished by it or is fully authorized to deliver the Intellectual Property and to allow the Intellectual Property to be used in connection with the Interface, as contemplated by this Agreement. Should any claim be raised by any third party that the use of any of the Intellectual Property or the delivery of any of the Intellectual Property in connection with this agreement constitutes infringement of any patent, copyright, license or other property right (a "Claim"), the party furnishing such Intellectual Property shall, at its expense, defend any such Claim in accordance with the provisions of Section 23 of this Agreement. Should either party be temporarily or permanently enjoined from using any of the Intellectual Property as a result of any Claim, the other party, at its option and own expense, shall either procure the right to continue to use the Intellectual Property free from any Claim or replace or modify the offending Intellectual Property so that its use becomes non-infringing, within fifteen (15) days of the date on which it receives notice of the claim (either such corrective action being referred to herein as a "Correction"). If a Correction is not accomplished, the party who furnished the Intellectual Property resulting in the Claim shall be deemed to be in default of this Agreement, and in such event, Sections 25, 27 and 28 of this Agreement shall control; provided, however, that the fifteen (15) day period specified above shall be deemed to be the applicable cure period under Section 25, and once that fifteen (15) day period has expired without a Correction having occurred, the applicable cure period under Section 25 shall be deemed to have expired. Without limiting Article 23 of this Agreement, the party who furnished the Intellectual Property resulting in the Claim shall also be obligated to indemnify the other party for any of its losses (such losses being Pegasus' Losses or HHC's Losses, as the case may be, as defined in Section 23 hereof) in connection with any Claim for which a Correction is not made within such fifteen (15) day period, in accordance with this Article 22(i).
(ii) All reservation transactions and HIW Hotel...
Software and Intellectual Property. Masergy may make certain Software available to Customer in connection with its CC Service. Customer’s use of this Software is subject to any software license terms that Customer may be required to consent to as a condition to using the Software. CUSTOMER ACKNOWLEDGES THAT MASERGY AND MASERGY’S THIRD- PARTY SOFTWARE SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THOSE ARISING FROM COURSE OF DEALING AND USAGE OF TRADE WITH RESPECT TO ANY SOFTWARE.
Software and Intellectual Property. Each of the parties hereto represents and warrants to the other that, with respect to all software and other intellectual property in connection with the operation of the Interface furnished or required to be furnished pursuant to this Agreement (collectively, the "Intellectual Property"), each either owns the Intellectual Property furnished by it or is fully authorized to deliver the Intellectual Property and to allow the Intellectual Property to be used in connection with the Interface, as con templated by this Agreement. Should any claim be raised by any third party that the use of any of the Intellectual Property or the delivery of any of the Intellectual Property in connection with this agreement constitutes infringement of any patent,
Software and Intellectual Property. Each of the parties hereto represents and warrants to the other that, with respect to all software and other intellectual property in connection with the operation of the Interface furnished or required to be furnished pursuant to this Agreement (collectively, the "Intellectual Property"), each either owns the Intellectual Property furnished by it or is fully authorized to deliver the Intellectual Property and to allow the Intellectual Property to be used in connection with the Interface, as con templated by this Agreement. Should any claim be raised by any third party that the use of any of the Intellectual Property or the delivery of any of the Intellectual Property in connection with this agreement constitutes infringement of any patent, copyright, license or other property right (a "Claim"), the party furnishing such Intellectual Property shall, at its expense, defend any such Claim in accordance with the provisions of Section 8.1 of this Agreement. Should either party be temporarily or permanently enjoined from using any of the Intellectual Property as a result of any Claim, the other party, at its option and own expense, shall either procure the right to continue to use the Intellectual Property free from any Claim or replace or modify the offending Intellectual Property so that its use becomes
Software and Intellectual Property. 11.1 Where Software is installed on the Equipment, you agree that you have no ownership of this Software and all intellectual property rights in such Software remain with us at all times. You simply have a non-exclusive, non-transferrable licence to use the Software solely in connection with the Equipment for the Term, subject to you complying with your obligations under this Agreement.
11.2 Should we further develop the Software, with or without your assistance and knowledge, you agree that all rights to such developments and improvements remain with us.
11.3 You shall: (a) only use the Software for business purposes in accordance with normal operating procedures as notified by SPR; (b) not analyse, alter, modify, copy or reverse engineer the Software or any part thereof or allow staff or any third party any access to the Software in any way which may facilitate the analysis, alteration, modification, copying or reverse engineering of the Software or any part thereof.
Software and Intellectual Property. 1.1. The Device runs Software owned by AFS AGRO FLOW SYSTEM and licensed to you during the use of Device. AFS AGRO FLOW SYSTEM may update the Software during the use of Device, and this license shall cover any updates. You are granted a limited non-exclusive license to use the Software on a single Device during the use of Device. You may not distribute, copy, or make the Software available over a network where it could be used by multiple Devices at the same time. This License does not grant you any rights to use AFS AGRO FLOW SYSTEM proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third-party Devices and accessories, or third-party Software applications. You may not, and you agree not to enable others to copy, decompile, reverse engineer, disassemble and attempt to derive the source code of, decrypt, modify, or create derivative works of the Software or any services provided by the Software. You may not lease, lend, sell, or sublicense the Software. The obligations of this paragraph shall continue after the termination of this Agreement or after the use of Device ends.
1.2. Your license to use the Software on the Device ends when the Software payment is stopped and the Device is discontinued.
1.3. All images, patents, trademarks, service marks, logos, icons, and other intellectual property (“Intellectual Property”) displayed on or contained in the Device or AFS AGRO FLOW SYSTEM Website are the exclusive property of AFS AGRO FLOW SYSTEM and may not be used without AFS AGRO FLOW SYSTEM’s prior written consent. The obligations of this paragraph shall continue after termination or termination of all Agreements, which you have concluded with AFS AGRO FLOW SYSTEM.
1.4. You are not granted with the ownership of the Software by AFS AGRO FLOW SYSTEM. You are provided with access and registration only in your Personal AFS Account located on the AFS AGRO FLOW SYSTEM Website at the following link: xxxxx://xxxxxxx.xxxxxxxxxxxxxx.xxx.
1.5. The Administrator is given one Administrative Account with the authority specified on the AFS AGRO FLOW SYSTEM's Website by the link: AdministrativeAccount.pdf.
Software and Intellectual Property. 6.1. In this paragraph 6:-
