Common use of Third Party Intellectual Property Claims Clause in Contracts

Third Party Intellectual Property Claims. 10.1.1. The Managed Service Provider shall defend the End User against claims brought against the End User in the Territory to the extent that such claim: (i) is brought by a third-party owner of the intellectual property giving rise to the claim; and (ii) alleges that the End User’s Use of the Software in accordance with the terms and conditions of this Agreement constitutes a direct infringement or misappropriation of a patent claim(s) or copyright.

Appears in 10 contracts

Samples: Managed Service Agreement, Managed Service Agreement, Managed Service Agreement Insight for Ibm

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Third Party Intellectual Property Claims. 10.1.1. The Managed Service Provider shall defend the End User against claims brought against the End User in the Territory to the extent that such claim: (i) is brought by a third-third party owner of the intellectual property giving rise to the claim; and (ii) alleges that the End User’s Use of the Software in accordance with the terms and conditions of this Agreement constitutes a direct infringement or misappropriation of a patent claim(s) ), copyright, trademark or copyrighttrade secrets rights.

Appears in 4 contracts

Samples: Managed Service Agreement for Insight, Managed Service Agreement for Insight, Managed Service Agreement for Insight

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Third Party Intellectual Property Claims. 10.1.1. The Managed Service Provider shall defend the End User against claims brought against the End User in the Territory to the extent that such claim: (i) is brought by a third-third party owner of the intellectual property giving rise to the claim; and (ii) alleges that the End User’s Use of the Software in accordance with the terms and conditions of this Agreement constitutes a direct infringement or misappropriation of a U.S.A. patent claim(s) ), copyright, trademark or copyrighttrade secrets rights.

Appears in 2 contracts

Samples: Managed Service Agreement, Managed Service Agreement

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