Warranty of Non-infringement. Contractor represents and warrants that the Contractor is either the author of all deliverables to be provided under this Agreement or has obtained and holds all rights necessary to carry out this Agreement. Contractor further represents and warrants that the Services to be provided under this Agreement do not and will not infringe any copyright, patent, trademark, trade secret or other intellectual property right of any third party.
Warranty of Non-infringement. Consultant represents and warrants that the Consultant is either the author of all deliverables to be provided under this Agreement or has obtained and holds all rights necessary to carry out this Agreement. Consultant further represents and warrants that the Services to be provided under this Agreement do not and will not infringe any copyright, patent, trademark, trade secret or other intellectual property right of any third party.
Warranty of Non-infringement. 1.11.1 VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition.
1.11.2 VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY’S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a).
1.11.3 If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY’S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY).
Warranty of Non-infringement. The Author warrants that the Work does not infringe upon any copyright or upon any other proprietary or personal right of any person or corporation.
Warranty of Non-infringement. Each Participant warrants that it is the owner of all IP subsisting in and has the full right and all necessary permissions to provide any Submission and Deliverable for the purposes of the Challenge and under these Terms.
Warranty of Non-infringement. Vendor represents and warrants to HealthTrust and Purchasers that it has investigated the design and specifications for all Products to determine if any of the Products (or the possession or use thereof) infringe or misappropriate the patent, trade secret, trademark, copyright or other intellectual property rights of any third party, and has determined that, and hereby represents and warrants to HealthTrust and Purchasers that the Products and the possession and use thereof by Purchasers in the manner intended by Vendor do not infringe or misappropriate the patent, trade secret, trademark, copyright or other intellectual property rights of any third party.
Warranty of Non-infringement. ENACT represents and warrants that, to ---------------------------- ENACT's knowledge after conducting a reasonable investigation, ENACT has sufficient title and ownership of all patents, trademarks, service marks, tradenames, copyrights, trade secrets, proprietary rights and processes necessary for the manufacture, use and sale of the Products and Services and that the manufacture, use and sale of the Products and Services, will not infringe on the proprietary rights of any third party.
Warranty of Non-infringement. Altiris warrants to Compaq that ---------------------------- it owns or has license rights to the Licensed Software, has the right to grant the licenses granted hereunder and under the End User License Agreements without breaching any other agreement, and the Licensed Software as delivered to Compaq, its use and the exercise of the other rights to the Licensed Software granted under this Agreement and in the End User License Agreements, will not infringe or misappropriate any Intellectual Property Right held by any third party. Compaq's exclusive remedy and Altiris' entire liability for any breach of this warranty shall be the remedies specified in Section 10.5 of this Agreement.
Warranty of Non-infringement. Any grant of rights hereunder is made “AS- IS”, “WITH ALL FAULTS,” without warranty of any kind, except that Verdure warrants the Trademarks are comprised of original works which, to the best knowledge of Verdure, do not infringe upon, violate or misappropriate any published, known intellectual property right of any third party. There are no warranties which extend beyond the descriptions contained in this paragraph. All other warranties are excluded and there is no implied warranty of any kind.
Warranty of Non-infringement. Supplier expressly warrants that it has the right and authority to enter into this Agreement and to license Software to the Company in accordance with the terms hereof. Supplier expressly warrants that it is not aware of any claim that Software infringes any rights of any third party. Supplier shall, at its expense, defend any suit or claim brought against Company in the United States, and shall indemnify Company and its Customers against an award of damages and costs against Company by a final court judgment based on a claim that Company’s use of Software infringes a third-party patent or copyright or other intellectual property right if Company (a) notifies Supplier in writing of the suit or claim within a reasonable time after Company receives notice; (b) gives Supplier sole authority to defend or settle the suit or claim; (c) gives Supplier all information in Company’s control concerning the suit or claim; and (d) reasonably cooperates and assists Supplier with defense of the suit or claim. Notwithstanding the foregoing, Supplier shall not be relieved of its indemnity obligations hereunder, unless and to the extent Supplier has been prejudiced by Company’s failure to take any of the foregoing actions. Company shall have the right, at its expense, to be represented by counsel of its own choosing. Supplier does not warrant the Software against any suit or claim of infringement based upon the following (a) the use of the Software in combination, operation or use with any product not furnished by Supplier, where such combination is not required for the normal operation of the Software and where such claim would not have occurred in the absence of such combination, unless such third party products have been provided or recommended by Supplier for use in combination with the Software (b) in a modified state not authorized by Supplier, or (c) in a manner other than as indicated in the Specifications If Software becomes or in Supplier’s opinion is likely to become the subject of a suit or claim of infringement of a patent or copyright, Supplier shall, at its option and expense, (a) obtain the right for Company to use the Software; (b) replace or modify the Software so that it becomes non-infringing; or (c) if Supplier is not reasonably able to do either (a) or (b), terminate this Agreement and the license granted hereunder to the extent it relates to the infringing software. In the event that this Agreement is terminated under this Section, Company shall cease...
