Intellectual Property Rights. 9.1. The Supplier warrants that the goods and services neither infringe any intellectual property rights of third parties nor any published applications of such rights.
9.2. The Supplier shall indemnify LEONI and its customers and hold them harmless against all claims arising from the use of such intellectual pro- perty rights.
9.3. The foregoing shall not apply wherever the Supplier has manufactured the contract goods pursuant to drawings, models or other equivalent descripti- ons or details provided by LEONI and does not know or, in connection with the goods developed by the Supplier, could not have known that this would result in infringements of intellectual property rights.
9.4. The Parties hereby undertake to advise each other without delay of any risks of infringement and alleged instances of infringement of which they become aware, and shall cooperate in defending such claims.
9.5. The Supplier, upon XXXXX’x request shall notify LEONI in writing of the use of published and unpublished intellectual property rights of its own or licensed from third parties and of intellectual property rights applications with respect to the contract goods and services.
Intellectual Property Rights. 3.1 End-customer represents and warrants that it has the necessary rights, power and authority to transmit End-customer Data (as defined below) to Dell and any of Dell’s contractors, agents or subcontractors performing all or part of the Services under this Agreement. During the Term, End-customer grants to Dell a limited, non-exclusive licence to use the End-customer Data solely for all reasonable and necessary purposes contemplated by this End-customer Agreement and for Dell and Partner to perform the Services as contemplated hereunder. This End-customer Agreement does not transfer or convey to Dell or any third party any right, title or interest in or to the End-customer Data or any associated intellectual property rights, but only a limited right of use revocable in accordance with this End-customer Agreement.
3.2 As between End-customer and Dell , Dell or its third party licensors will own all right, title and interest in and to the relevant software, Services, Service related products and documentation. This End-customer Agreement does not transfer or convey to End-customer or any third party any right, title or interest in or to such or any associated intellectual property rights, but only a limited right of use revocable in accordance with this End-customer Agreement.
3.3 Upon termination of this End-customer Agreement, each party will, at the request of the other party and to the extent practicable, return, or upon the other party’s request, destroy, all copies of the other party’s intellectual property in such party’s possession, custody or control. For any equipment not purchased by the End-customer but used by the end customer and provided by Dell as part of the Services pursuant to the Service Order, End-customer shall erase, destroy and cease use of all Dell provided software located on such equipment upon the expiration or termination of the End- customer Agreement.
Intellectual Property Rights. 17.1. Software, execution documents such as plans, sketches and other technical documents, samples, catalogues, brochures, illustrations, etc. shall remain the intellectual property of the Supplier and are protected by copyright. Any duplication, distribution, imitation, processing or exploitation shall be prohibited unless expressly otherwise agreed.
Intellectual Property Rights. 1. The supplier shall be liable for claims that arise during contractual use of the goods delivered and which are based on violation of intellectual property rights and applications for intellectual property rights (patents), if at least one of the rights in the family of related rights has been published either in the home country of the supplier, or by the European Patent Office, or in one of the following states: Federal Republic of Germany, France, United Kingdom, Austria, United States of America.
2. The supplier shall indemnify the buyer and its customers against all claims arising from the use of such intellectual property rights.
3. This shall not apply if the supplier has produced the goods delivered in accordance with the buyer’s drawings, models or equivalent other descriptions or specifications provided by the buyer, and did not know, or with respect to the products it developed did not have to know, that intellectual property rights were thus violated.
4. To the extent that the supplier is not liable under subsection 3, the buyer shall indemnify it against all claims brought by third parties.
5. The contractual partners undertake to inform each other without delay of risks of violation and alleged violations that become known to them, and to give each other the opportunity to cooperate on counteracting associated claims.
6. At the buyer’s request, the supplier shall inform it of the use of its own or licensed, published and unpublished intellectual property rights and applications for intellectual property rights to the goods to be delivered.
7. The principles set out in section VII subsection 1 regarding limitation of liability shall apply mutatis mutandis.
Intellectual Property Rights. 12.1 The exhibitor is obliged to strictly observe the industrial property rights of third parties with regard to the articles they exhibit.
12.2 The exhibitor is obliged to remove articles that violate these rights in terms of 12.1 immediately from their stand.
12.3 The exhibitor is liable in the same manner for rights vi- olations through articles of co-exhibitors in terms of 3.2 and through additionally represented companies in terms of 3.3.
12.4 LMS reserves the explicit right to exclude the exhibitor from the current and/or future event(s) without any compen- sation, without justification of a respective obligation, if in- fringement of industrial property rights and/or infringements against the obligations in terms of 12.1 and 12.2 can be sub- stantiated. 12.3 applies accordingly.
12.5 Exhibitors are solely responsible for safeguarding the in- tellectual property rights of their exhibition articles.
12.6 If LMS exercises their exclusion right in terms of 12.4, based on a judicial decision or on substantiated evidence for the infringement of an industrial property right, the exhibitor concerned is not entitled to any compensation for damages gegen die LMS kein Schadensersatzanspruch zu, falls sich zu einem späteren Zeitpunkt (durch Rechtsmittelverfahren oder sonstige Rechtsnachweise) die Schutzrechtsverletzung als gegenstandslos erweisen sollte. Dies gilt nicht für den Fall, dass die LMS vorsätzlich oder grob fahrlässig gehandelt hat.
12.7 Ergänzend wird auf die Informationen der LMS „Plagia- te/Gewerblicher Rechtsschutz“ im Internet unter www.messe- xxxxxxxxx.xx/agb verwiesen.
Intellectual Property Rights. The Supplier will be responsible for guaranteeing that the Products, including the results of any services provided to the Purchaser, do not breach any industrial or intellectual property rights of any third parties. Consequently, the Supplier will be liable for any infringement of industrial or intellectual property rights derived from their use. Der Lieferant wird die notwendigen Nachforschungen anstellen, um zu beweisen, dass die Produkte nicht gegen die gewerblichen Schutzrechte oder geistigen Eigentumsrechte Dritter verstoßen, oder wird die notwendigen Lizenzen für ihre Verwendung besitzen, sollten die Produkte gewerbliche Schutzrechte oder geistige Eigentumsrechte Dritter einschließen. Der Lieferant muss in der Lage sein, einen Nachweis für das Vorstehende auf Ersuchen des Einkäufers vorzulegen. The Supplier will make the necessary verifications to prove that the Products do not breach any third parties industrial or intellectual property rights or, if the Products include third parties industrial or intellectual property rights that the necessary licences are held for their use. The Supplier must be able to provide evidence of the foregoing, at the Purchaser’s request. Im Falle eines Konflikts mit einem Dritten wegen einer mutmaßlichen Verletzung seiner gewerblichen Schutzrechte In the event of a conflict with a third party for an alleged infringement of its industrial or intellectual oder geistigen Eigentumsrechte in Verbindung mit einem Produkt oder einer Dienstleistung wird der Lieferant den Einkäufer so schnell wie möglich darüber informieren, nachdem er Kenntnis davon erhalten hat. property rights related to a Product or service, the Supplier will inform the Purchaser as soon as it becomes aware of the situation. Bei Rechtsstreitigkeiten wegen der Verletzung von gewerblichen Schutzrechten oder geistigen Eigentumsrechten Dritter in Verbindung mit dem Produkt oder der Dienstleistung kommt der Lieferant für die Kosten zur Verteidigung des Einkäufers und der anderen betroffenen Parteien, insbesondere der Kunden des Einkäufers, auf und wird er alle Ausgaben und Entschädigungen in Verbindung mit der Lieferung des Produkts oder der Dienstleistung sowie der Erfüllung der einschlägigen Auftragspflichten tragen. Er wird dem Einkäufer außerdem die jenem infolge einer solchen Verletzung entstandenen Ausgaben erstatten. In the event of litigation due to an infringement of industrial or intellectual property rights of third parties related to the Product or ...
Intellectual Property Rights a) The Supplier warrants that no third-party rights are infringed within the Federal Republic of Germany and the EU in connection to its deliveries.
b) The Supplier's indemnity obligation pertains to all expenses inevitably incurred through or in connection with the claims asserted by a third party.
c) The Supplier's aforementioned obligation to meet claims does not apply if the Supplier has produced the delivered contractual object based on drawings, models, or other equivalent descriptions or indications provided by us and does not know or is not required to know, in relation to the goods developed by the Supplier itself, that property rights are being thereby violated.
d) The limitation for these indemnity claims is 3 years from the time at which we become aware of the claim asserted by a third party.
Intellectual Property Rights. 1. The supplier guarantees that no patents or other third party intellectual property rights are being infringed by his consignment and the intended use thereof.
2. Where claims are made against MEUSBURGER DEUTSCHLAND GMBH by third parties on the basis of the infringement of such intel- lectual property rights MEUSBURGER DEUTSCHLAND GMBH will be indemnified immediately by the supplier against such claims up- on the first written request and the supplier will reimburse MEUSBURGER DEUTSCHLAND GMBH all expenses incurred from this assertion of claims.
3. The above terms will not apply where the supplier manufactured the goods on the basis of documents, samples, models or other data designed by MEUSBURGER DEUTSCHLAND GMBH and does not know or need to know that intellectual property rights are thereby infringed.
Intellectual Property Rights. 12.1 The exhibitor is obliged to strictly observe the industrial property rights of third parties with regard to the articles they exhibit.
12.2 The exhibitor is obliged to remove articles that violate these rights in terms of 12.1 immediately from their stand.
12.3 The exhibitor is liable in the same manner for rights vi- olations through articles of co-exhibitors in terms of 3.2 and through additionally represented companies in terms of 3.3.
12.4 LMS reserves the explicit right to exclude the exhibitor from the current and/or future event(s) without any compen- sation, without justification of a respective obligation, if in- fringement of industrial property rights and/or infringements against the obligations in terms of 12.1 and 12.2 can be sub- stantiated. 12.3 applies accordingly.
12.5 Exhibitors are solely responsible for safeguarding the in- tellectual property rights of their exhibition articles.
12.6 If LMS exercises their exclusion right in terms of 12.4, based on a judicial decision or on substantiated evidence for the infringement of an industrial property right, the exhibitor concerned is not entitled to any compensation for damages from LMS if the violation of intellectual property rights should prove to be invalid at a later point in time (as the result of an appeal procedure or other legal evidence). This does not apply in cases where LMS has acted with wilful intent or with gross negligence.
12.7 Reference is made to the LMS information “Plagia- risms/Intellectual Property Rights“ in the Internet at www. xxxxx-xxxxxxxxx.xx/xxx.
Intellectual Property Rights. 9.1 Unless agreed otherwise, LEONI shall provide the goods and services free of any intellectual property rights and copyright of third parties (hereinafter “IPR”) only in regard to the country in which the place of performance is located. If any third party asserts a legitimate claim against the Customer for infringement of IPRs by goods and services provided by LEONI and uti- lised in line with the contract, LEONI may be liable to the Customer within the term specified in clause 8.12 hereof only as follows:
9.1.1 LEONI may at its discretion and its own expense either obtain a right of use for the deliveries concerned, modify such so that the IPR is not infringed or replace such. If this is not possible for LEONI under reasonable conditions, the Customer is entitled to the statutory rights to withdrawal or reduction of purchase price.
9.1.2 Any obligation of LEONI to pay damages is governed by clause 12.
9.1.3 The obligations of LEONI referenced above shall only apply insofar as the Customer informs LEONI immediately in writing of the claims asserted by the third party, does not acknowledge any infringement and reserves for LEONI the right to all defensive measures and settlement negotiations. If the Customer ceases to use the goods and services for reasons of mitiga- tion of damages, it shall be obliged to alert the third party to the fact that its cessation of use thereof is not associated with any acknowledgment of any alleged infringement of IPR.
9.2 Claims of the Customer shall be excluded to the extent that the Customer is responsible for the infringement of property rights.
9.3 Claims of the Customer are further excluded if the infringement of the pro- perty right is caused by special instructions of the Customer, by an applica- tion not foreseeable by LEONI or by the fact that the delivery is modified by the Customer or used together with products not supplied by LEONI.
9.4 If property rights of third parties are infringed by deliveries based on dra- wings or other information provided by the Customer, the Customer is obli- ged to indemnify LEONI in accordance with clause 13.
9.5 In the event of other defects of title, the provisions of clauses 8.2.6 to