Warranty Against Infringement. Seller warrants that the sale or use of goods of Seller’s design or Seller’s patents covered by this order either alone, or in combination with other materials, will not infringe or contribute to the infringement of any patents or trademarks or copyrights either in the U S A or foreign countries, and Seller shall defend every suit which shall be brought against Buyer or any party selling or using Buyer’s products for any alleged infringements of any patents, trademarks or copyrights, by reason of the sale or use of said materials either alone, or in combination with other materials and to pay all expenses and fees of counsel which shall be incurred in and about defending every such suit and all costs, damages, and profits recoverable in every such suit.
Warranty Against Infringement. Artist warrants that the Artwork, including without limitation, any software included to operate or display the Artwork, does not violate or infringe upon any patent, copyright, trade secret, or other proprietary rights of any other person or entity. Artist agrees to hold the City harmless from any liability and to defend and indemnify the City, at Artist’s sole expense, in the event that a claim is filed or a suit is brought against City or any of its officers, employees, or authorized agents, for the use or display of the Artwork due to a patent or copyright infringement. Artist further agrees that if the Artwork or any component thereof is found to be infringing while on display. Artist shall promptly:
A. Modify the Artwork, at Artist’s expense, so that it becomes non-infringing, or
B. Replace the infringing element of the Artwork including without limitation software, with equal non-infringing items, at Artist’s expense, or
C. Procure, at Artist’s expense, the necessary licenses for the City to continue using and displaying the Artwork.
Warranty Against Infringement. Contractor agrees to defend and indemnify City of all direct losses, costs, and damages resulting from a determination that the Services, Software, or software customizations supplied to City infringe any third party patent rights, copyrights, or trademarks provided that City (1) promptly notifies Contractor in writing upon City becoming aware of the existence of any such suit, action, proceeding threat; (2) allows Contractor sole control of the defense and/or settlement thereof; and (3) provides such reasonable cooperation as Contractor may require. In no event shall City consent to any judgment or decree or do any other act in compromise of any such claim without Contractor’s express prior written consent. In no event will Contractor be liable for the payment of any amount agreed to in settlement without Contractor's express consent. In the event that City is enjoined from use of the Services, Software, or software customizations due to a proceeding based upon infringement of patent, copyright or trademark, Contractor shall, at its option, either:
13.1 Modify the infringing item(s) at Contractor’s expense, so it becomes non-infringing; or
13.2 Replace the infringing item(s) with equal non-infringing item(s), at Contractor’s expense; or
13.3 Procure, at Contractor’s expense, the necessary licenses for the City to continue using the item(s); or
13.4 Remove the item(s) and refund the purchase price less a reasonable amount for depreciation.
Warranty Against Infringement. Contractor agrees to defend and indemnify City of all direct losses, costs and damages resulting from a determination that the Equipment as supplied to City infringes any Canadian or United States patent rights, copyrights or trademarks provided that: City promptly notifies Contractor in writing upon City becoming aware of existence of any such suit, action, proceeding threat; allows Contractor sole control of the defense and/or settlement thereof; and provides such reasonable cooperation as Contractor may require. In no event shall City consent to any judgement or decree or do any other act in compromise of any such claim without Contractor’s express prior written consent. In no event will Contractor be liable for the payment of any amount agreed to in settlement without its express consent. In the event that City is enjoined from use of the Equipment due to a proceeding based upon infringement of patent, copyright or trademark in the United States or Canada, Contractor shall, at its option, either:
11.3.1. Modify the Software, at Contractor’s expense, so it becomes non-infringing, or
11.3.2. Replace the infringing Software with equal non-infringing Software, at Contractor’s expense, or
11.3.3. Procure, at Contractor’s expense, the necessary licenses for the City to continue using the Software or
11.3.4. Remove the Equipment and refund the purchase price and transportation costs thereof, less a reasonable amount for depreciation.
Warranty Against Infringement. CIC warrants that neither Licensed Product in the form delivered by CIC to Customer, nor its normal use, will infringe any valid United States Patents or copyrights existing at the time of delivery, provided, however, that this warranty does not extend to any infringement arising out of the use of Licensed Product in combination with systems, equipment or computer programs not supplied by CIC, or any use of Licensed Product outside of the United States, or any modification of Licensed Product. CIC will hold Customer harmless from any valid third party claim of infringement that constitutes a breach of the foregoing warranty, provided that CIC must be given prompt, written notice of the claim and allowed, at its option, to control the defense and settlement of any such claim. If Customer's use of any Licensed Product is restricted as the result of a claim of infringement, CIC shall have the right, but not the obligation, at its option to: (a) substitute other equally suitable Licensed Product; (b) modify the allegedly infringing Licensed Product to avoid the infringement; (c) procure for Customer the right to continue to use such Licensed Product free of the restrictions caused by the infringement; or (d) take back such Licensed Product, refund to Customer the license fee previously paid for such Licensed Product depreciated on a straight line basis over sixty (60) months, and terminate Customer’s license to use such Licensed Product. THIS WARRANTY DOES NOT APPLY TO CUSTOM PROGRAMS OR TO TECHNICAL INFORMATION.
Warranty Against Infringement. WESTMŸN warrants that its cloud mining lease does not infringe any patent, trademark, or other intellectual property.
Warranty Against Infringement. Vendor warrants that the sale, offer of sale, or use of the Goods will not infringe, either directly, jointly, or indirectly by reason of contributory infringement of or inducement to infringe any patents, trademarks or copyrights. ISCO may reject any Goods that do not satisfy this warranty. Vendor shall defend and shall indemnify and hold harmless ISCO from any costs, claims, or damages arising out of or related to Vendor’s breach of this section.
Warranty Against Infringement. Consultant warrants that the Deliverables will be free of the rightful claim of any third party for or by way of infringement or misappropriation of patent, copyright, trade secret, trademark or other rights arising under the laws of the United States. Consultant further warrants that no act or omission of Consultant will result in a third party holding a claim that interferes with the City’s enjoyment or use of the Deliverables.
Warranty Against Infringement eFunds will hold harmless and, at its own expense, defend any action brought against Client based an a claim that a eFunds Product provided hereunder infringes a United States copyright or United States patent, provided that Client notifies eFunds promptly in writing of the claim and eFunds is provided an opportunity to fully defend the claim and/or agrees to any settlement of such claim. Should the eFunds Products become, or in eFunds' opinion be likely to become the subject of a claim of infringement of a copyright, patent, or other United States proprietary right, eFunds may procure for Client the right to continue using the eFunds Products as contemplated by this Agreement or replace or modify them to make them non-infringing, at no additional charge to Client. In the event neither of the above is economically practical, Client may receive a refund of a portion of the license fee paid, based upon a five yew straight line depreciation from the date of Installation. The above obligations as to infringement apply to eFunds Customizations only if eFunds had actual knowledge of a potential third party claim and failed to advise Client promptly of such knowledge. eFunds shall have no obligation under this provision for any claim based upon (i) the operation, combination or use of eFunds Products with equipment, data or programs not furnished by eFunds if such infringement could have been avoided by the operation, combination or use of other equipment, data or programs, (ii) any information or specifications supplied or required by Client; (iii) Client Customization or Client's use of any Source Code, or (iv) any Modification by any third party. The foregoing states the entire liability of eFunds with respect to infringement of any copyrights or patents or other proprietary right by the eFunds Products or any part thereof.
Warranty Against Infringement. The Consultant warrants that the performance of the services by the Consultant or its Subconsultants of any tier, pursuant to .this Agreement, shall not in any manner constitute an infringement or other violation of any trademark, copyright, patent and/or trade secret of any third party.
