Intellectual Property Musterklauseln
Intellectual Property. 11.1 Ownership. Customer acknowledges and agrees that Nextlane shall have sole and exclusive ownership of all Intellectual Property Right, title and interest in and to the Software Product, Releases and Upgrades, technical Documentation, and anything developed by Nextlane and delivered to the Customer under the Agreement, such as Customizations, including all derivations, modifications and enhancements thereto and creation of work derived from this items even if such changes, developments or improvements have been requested or suggested by the Customer. This Agreement does not provide Customer with title or ownership on Intellectual Property Rights.
11.2 Nextlane represents and warrants that it has the right to grant the license stated in Section 4.1 and that, to the best of its knowledge, the Software Product does not infringe the intellectual property rights of any third party.
11.3 Indemnification. Nextlane shall defend, indemnify and hold the Customer harmless from Claim of Infringement, and will pay all damages or reasonable costs related to the settlement of such action or finally awarded against the Customer as a result of such action, provided Nextlane (i) is timely notified in writing of any such action, (ii) obtains full authority, information and assistance from the Customer to defend such claim, and (iii) obtains sole control of the defense of such claim and of all negotiations for the settlement thereof if Nextlane requests so.
Intellectual Property. “Intellectual Property” means any intellectual property, including but not limited to copyrights, patents, trade secrets, trademarks, software, firmware or other intellectual property rights associated with any ideas, concepts, know-how, techniques, processes, reports, or works of authorship owned, developed or created, and enhancements, improvements or derivatives thereof. Unless the Parties have otherwise agreed in writing, a Party’s Intellectual Property shall be and remain the property of that Party. To the extent any Intellectual Property of a Party is incorporated into or necessary for the performance of any Work provided, that Party grants the other Party a non-exclusive, non-transferrable, non-sub- licensable, revocable, royalty-free, right and license to use such Intellectual Property incorporated into the work solely for the purpose of performing or using such work, as applicable. Except as expressly stated herein, neither Party shall have any right or license to use, directly or indirectly, any of the other’s Intellectual Property. Any improvement or enhancements to a Party’s existing Intellectual Property shall belong to such Party.
Intellectual Property. 4.1. The designs, cutting dies, negatives, plates, printing rollers, moulding equipment, films and digital data created by PAWI shall wholly remain its property, subject to special agreements, even if the customer contributed financially to their creation.
4.2. All plans, drawings, sketches, and other property of the customer are stored by PAWI at the risk of the customer.
4.3. The storage of materials, as described in 4.1. and 4.2., shall end two years after their last use. After expiry of this period, PAWI has the right to destroy these materials.
Intellectual Property. 9.1 FREE NOW grants to the User a simple, revocable, non-transferrable and non-exclusive usage right for the usage of the Application, inasmuch as it is necessary for the use of the Application in the context of this Agreement. This usage right of the User is, however, exclusively limited to use for own purposes. A further commercial use or other exploitation of FREE NOW services or contents is not permissible.
9.2 The User is prohibited from duplicating the Application, website or any other element of the FREE NOW Platform, be it entirely or partially, and from renting it, leasing it or selling it, or processing it or otherwise modifying it, or from sub-licensing it. The User is furthermore prohibited from decompiling, disassembling or reverse engineering (“Reverse Engineering”) the Application.
Intellectual Property. 11.1 As between Axolabs and Customer, except as otherwise expressly agreed in writing by the parties:
a) All Intellectual Property Rights relating to the Goods and Services, or arising as a restulf of Axolabs providing the Goods and Services, including any modifications or improvements of such Intellectual Property Rights, are the exclusive property of, or licensed to, Axolabs;
b) notwithstanding the foregoing, Customer shall be the exclusive owner of (i) the Customer Materials, and (ii) any data and Reports generated by Axolabs as a direct result of use of the Customer Materials.
11.2 Customer shall not, by virtue of any work performed under the Agreement, obtain any license or other rights in any methods, materials, equipment and related Intellectual Property Rights owned or controlled by Axolabs (or modifications or improvements thereof) used to manufacture or supply the Goods and Services.
11.3 Nothwithstanding the foregoing Clause 11.1, Customer understands and agrees that, unless Axolabs otherwise expressly agrees in writing, Services are provided on a non-exclusive basis and Axolabs reserves the right to perform similar or identical Services for any third party.
11.4 Axolabs agrees to defend, indemnify and hold harmless Customer, its officers, directors, agents and employees against and with respect to all third-party claims, lawsuits, liabilities, losses, costs and expenses, including reasonable attorneys’ fees, brought against, suffered or incurred by Customer alleging that any non-custom Goods purchased by Customer directly infringe any valid patent that has been issued as of the date of the Agreement, any copyright, design or any trademark, or misappropriate the trade secrets of any third party. Customer hereby agrees to defend, indemnify and hold harmless Axolabs, its officers, directors, agents and employees from and against any third-party claims, lawsuits, liabilities, losses, costs and expenses, including reasonable attorneys’ fees, brought against, suffered or incurred by Axolabs alleging that any acts or omissions of Customer, including without limitation any use or misuse of the Goods, Customer Materials, or Services by Customer: (a) have caused injury to any persons or property; (b) have violated any applicable law, including without limitation with respect to export, health and safety; or (c) have, subject to Axolabs’ obligations set forth immediately above, infringed upon the Intellectual Property Rights of any third party.
11.5 To th...
Intellectual Property. 7.1. All rights, including intellectual property rights to brand names, trademarks, logos, trade names, colour combinations, slogans, domain names and other visual and auditory elements, remain the exclusive property of the party that established the right prior to or independently of the Agreement. Use of these rights by the other party is exclusively permitted after the entitled party has given its prior written consent.
7.2. Unless otherwise agreed in writing, Supplier grants Coolblue an irrevocable, non-exclusive and worldwide licence to use, during the course of the Agreement, the intellectual property rights to all products and materials, including data, documentation and work descriptions that Supplier makes available to Coolblue under the Agreement, even if such products and materials are already protected by existing intellectual property rights of Supplier or third parties.
7.3. All rights, including intellectual property rights, to any product and/or material designed and/or made
Intellectual Property. 8.1. Astotec shall retain ownership and all copyrights to all documents, in particular illustrations, construction plans, drawings, calculations, and samples ("docu- ments") as well as contained therein or otherwise made available to the Customer ("information"). Even if a delivery and/or service is based on a Customer specification or the Customer otherwise makes a con- tribution thereto, the exploitation and ownership rights der Leistung auf Basis einer Auftraggeberspezifika- tion erfolgt oder der Auftraggeber dazu sonst einen Beitrag leistet, sind die Verwertungs- und Eigentums- rechte ohne Widerspruchsmöglichkeit durch den Auf- traggeber voll umfänglich ausschließlich Astotec zu- geordnet. Der Auftraggeber erhält lediglich ein nicht ausschließliches, nicht übertragbares, zeitlich und ört- lich beschränktes Nutzungsrecht.
8.2. Ohne vorherige ausdrückliche schriftliche Zustim- mung durch Astotec ist die Vervielfältigung und Wei- tergabe der Dokumente und Informationen an Dritte sowie eine über die konkrete Vereinbarung hinausge- hende Nutzung untersagt. Auf Anfrage kann Astotec 3D Daten neutralisiert, d.h. als Hüllgeometrie ohne
8.3. Werden Produkte von Astotec vom Auftraggeber oder einem Kunden des Auftraggebers in einem Sys- tem verbaut (sog. Systemanwendung), übernimmt Astotec keine Haftung für etwaige Patentrechtsverlet- zungen in Systemanwendungen bzw. Patentrechts- verletzungen die sich durch den Verbau von Astotec Produkten ergeben. In diesen Fällen hat der Auftrag- geber Astotec immer schad- und klaglos zu halten.
Intellectual Property. 3.1. The Customer warrants that by Synotech executing the purchase order, no intellectual property rights are breached by any products, drawings or samples provided by the Customer or third parties, and that the Customer will either (a) administer any defence pro- ceedings at its own cost, or (b) allow Synotech to administer any defence proceedings while reimbursing Synotech for any and all related costs.
3.2. Synotech behält sich das Eigentum oder Urheberrecht an allen von Syno-tech abgegebenen Angeboten und sonstigen zur Verfügung gestellten Un-terlagen vor.
Intellectual Property. 3.1 Samples, drawings, plans, software and other documents remain our property. These are permitted to be used only to the extent admitted by us and must not be modified, copied or made accessible to third parties.
3.2 As far as delivered products or parts thereof are protected by industrial property rights or copyrights, we shall grant you a non-transferrable and non-exclusive right of contractual use within your company. Apart from that, the exploitation rights shall remain our property respectively the property of the manufacturer. Duplications or any other processing are subject to our prior written consent.
3.3 Company trademarks, trademark signs and other tags and labels at the articles and items supplied by us must not be removed or modified.
3.4 If our scope of supply includes software, we shall grant you a non-exclusive right of use including the software documentation at the delivery item provided for this purpose (machinery etc.). The use on more than one respectively on the contractual system is prohibited. The buyer shall be entitled to use the software only to the legally permissible extent (§§ 69 a et seq. UrhG = German Copyright Act), i.e. reproduce, revise, translate or convert it from object code into source code. The customer shall agree not to remove any identifications of the manufacturer or to modify them without our prior express consent. All further rights to the software and the documentation including copies thereof shall remain with us respectively with our software supplier.
Intellectual Property. 7.1. The Introduced Client acknowledges all Intellectual Property Rights in the Modulr Products are owned by or provided under licence to Modulr. Modulr grants the Introduced Client a non-exclusive, royalty-free licence for the duration of this Agreement to access and use the Modulr Products only for the purpose contemplated by this Agreement.
7.2. Nothing in this Agreement shall operate to create or transfer any Intellectual Property Right to the Introduced Client.