Common use of Tyco Patents Clause in Contracts

Tyco Patents. Subject to the terms and conditions of this Agreement, during the Term, Tyco, on behalf of itself and its Affiliates, covenants that none of them shall assert or bring an Action: (1) against ADT NA or its current and future Affiliates, whether for damages and/or injunctive or equitable relief, alleging that their making, having made, using, advertising, offering for sale, importing or selling ADT NA Covered Products infringes, misappropriates or violates any of the Tyco Patents, and this covenant extends to ADT NA Covered Third Parties with respect to ADT NA Covered Third Party Services; (2) against a vendor or supplier of ADT NA New Supplier Products to ADT NA (or the current and future Affiliates of ADT NA), for injunctive or equitable relief (but reserving to Tyco and its Affiliates the right to bring an Action for damages), alleging that their making, having made, using, advertising, offering for sale, importing or selling ADT NA New Supplier Products to ADT NA or its current or future Affiliates, from the ADT NA Distribution Date until the second anniversary thereof, infringes, misappropriates or violates any of the Tyco Patents; (3) against ADT NA or its current or future Affiliates, and their respective consultants, contractors, dealers, customers and end-users, for injunctive or equitable relief (but reserving to Tyco and its Affiliates the right to bring an Action for damages), in each case, alleging that their making, having made, using, advertising, offering for sale, importing or selling ADT NA New Supplier Products, from the ADT NA Distribution Date until the second anniversary thereof, infringes, misappropriates or violates any of the Tyco Patents; and (4) against ADT NA or its current and future Affiliates, whether for damages and/or injunctive or equitable relief, alleging that their making, having made, using, advertising, offering for sale, importing or selling any current or future products infringes, misappropriates or violates any of Tyco Specified Patents, and this covenant extends to ADT NA Covered Third Parties with respect to ADT NA Covered Third Party Services.

Tyco Patents. Subject to the terms and conditions of this Agreement, during the Term, Tyco, on behalf of itself and its Affiliates, covenants that none of them shall assert or bring an Action:Action (and hereby releases and forever discharges (subject to the reservations in Sections 2.1(a)(2) & (3)) the Persons covered by such covenants from any claims or allegations that could be asserted in any such Action and any obligations, liabilities, damages or expenses resulting therefrom, whether or not currently known): (1) at any time after the ADT NA Distribution Date, against ADT NA or its current and future AffiliatesAffiliates (and their respective officers, directors, employees or representatives, solely in their representative capacity), whether for damages and/or injunctive or equitable relief, alleging that their making, having made, using, advertising, offering for sale, importing or selling ADT NA Covered Products and/or their offering current and future related services using the ADT NA Covered Products infringes, misappropriates or violates any of the Tyco Patents, and this covenant extends to ADT NA Covered Third Parties (and their respective officers, directors, employees or representatives, solely in their representative capacity) with respect to ADT NA Covered Third Party Services; (2) at any time after the ADT NA Distribution Date, against a vendor vendors or supplier suppliers (and their respective officers, directors, employees or representatives, solely in their representative capacity) of ADT NA New Supplier Products and/or related services using the ADT NA New Supplier Products to ADT NA (or the current and future Affiliates of ADT NA), for injunctive or equitable relief (but reserving to Tyco and its Affiliates the right to bring an Action for damages), alleging that their making, having made, using, advertising, offering for sale, importing or selling ADT NA New Supplier Products and/or offering current and future related services using the ADT NA New Supplier Products to ADT NA or its current or future Affiliates, from the ADT NA Distribution Date until the second anniversary thereof, infringes, misappropriates or violates any of the Tyco Patents; (3) at any time after the ADT NA Distribution Date, against ADT NA or its current or future Affiliates, and their respective consultants, contractors, dealers, customers and end-usersend users (and their respective officers, directors, employees or representatives, solely in their representative capacity) for injunctive or equitable relief (but reserving to Tyco and its Affiliates the right to bring an Action for damages), in each case, alleging that their making, having made, using, advertising, offering for sale, importing or selling ADT NA New Supplier Products and/or offering current and future related services using the ADT NA New Supplier Products, from the ADT NA Distribution Date until the second anniversary thereof, infringes, misappropriates or violates any of the Tyco Patents; and (4) at any time after the ADT NA Distribution Date, against ADT NA or its current and future AffiliatesAffiliates (and their respective officers, directors, employees or representatives, solely in their representative capacity), whether for damages and/or injunctive or equitable relief, alleging that their making, having made, using, advertising, offering for sale, importing or selling any current or future products and/or their offering current and future related services using the ADT NA Covered Products infringes, misappropriates or violates any of Tyco Specified Patents, and this covenant extends to ADT NA Covered Third Parties (and their respective officers, directors, employees or representatives, solely in their representative capacity) with respect to ADT NA Covered Third Party Services.

Tyco Patents. Subject to the terms and conditions of this Agreement, during the Term, Tyco, on behalf of itself and its Affiliates, covenants that none of them shall assert or bring an Action: (1) at any time after the ADT NA Distribution Date, against ADT NA or its current and future Affiliates, whether for damages and/or injunctive or equitable relief, alleging that their making, having made, using, advertising, offering for sale, importing or selling ADT NA Covered Products infringes, misappropriates or violates any of the Tyco Patents, and this covenant extends to ADT NA Covered Third Parties with respect to ADT NA Covered Third Party Services; (2) at any time after the ADT NA Distribution Date, against a vendor or supplier of ADT NA New Supplier Products to ADT NA (or the current and future Affiliates of ADT NA), for injunctive or equitable relief (but reserving to Tyco and its Affiliates the right to bring an Action for damages), alleging that their making, having made, using, advertising, offering for sale, importing or selling ADT NA New Supplier Products to ADT NA or its current or future Affiliates, from the ADT NA Distribution Date until the second anniversary thereof, infringes, misappropriates or violates any of the Tyco Patents; (3) at any time after the ADT NA Distribution Date, against ADT NA or its current or future Affiliates, and their respective consultants, contractors, dealers, customers and end-users, for injunctive or equitable relief (but reserving to Tyco and its Affiliates the right to bring an Action for damages), in each case, alleging that their making, having made, using, advertising, offering for sale, importing or selling ADT NA New Supplier Products, from the ADT NA Distribution Date until the second anniversary thereof, infringes, misappropriates or violates any of the Tyco Patents; and (4) at any time after the ADT NA Distribution Date, against ADT NA or its current and future Affiliates, whether for damages and/or injunctive or equitable relief, alleging that their making, having made, using, advertising, offering for sale, importing or selling any current or future products infringes, misappropriates or violates any of Tyco Specified Patents, and this covenant extends to ADT NA Covered Third Parties with respect to ADT NA Covered Third Party Services.