Property Rights. 14.1 The supplier warrants that Röchling or cus- tomers of Röchling shall not infringe any in- tellectual property rights of third parties, in- cluding rights to trademarks, company names, use of names, patents, utility models, design patents, get-up, designs or copyrights of third parties (including corresponding pending property rights) (“Property Rights”) by purchasing, possessing, offering, using, processing or reselling the products in the supplier’s country of origin or in the Federal Republic of Germany, other European coun- tries, the USA, Canada, Mexico, South Ko- rea, China, Japan or Thailand, where these rights are relevant in the context of purchas- ing the products. If the supplier culpably breaches this obligation, it shall indemnify Röchling and its customers against all claims of third parties arising as a result of such ac- tual or alleged infringements of Property Rights and shall bear all costs and expenses that Röchling incurs in this connection, in- cluding prosecution and defense costs on the one hand and costs resulting from compli- ance with a potential obligation to desist on the other.
14.2 Clause 14.1 shall not apply if the products have been processed based on drawings, models or other detailed information from Röchling and the supplier was neither aware nor had to have been aware that this infringed Property Rights of third parties.
14.3 The parties are required to report awareness of potential or alleged infringements without delay and shall take mutual steps within rea- sonable bounds to counteract any related in- fringement claims.
14.4 The limitation period for claims under this clause 14 shall be three (3) years from con- clusion of the relevant agreement.
Property Rights. 18.1 The Partner shall ensure that all products delivered are free from any third-party rights. The Partner shall be liable for all damage and expenses resulting for Sono from any violation of third-party rights, including reasonable legal costs. The same shall also apply when a third party files claims regarding a suspected defect of title against Sono due to a product of the Partner. Liability shall also take effect to the extent that Sono is prevented from or restricted in its contractual use of the products due to a violation of third-party rights or a suspected defect of title.
18.2 The Partner shall indemnify Sono in the aforementioned scope from all claims filed by third parties against Sono due to a violation of their rights or a suspected defect of title.
18.3 The aforementioned obligation to assume liability or to indemnify shall not be applicable if the Partner is not responsible for the violation of rights or the suspected defect of title.
18.4 Both contractual parties will notify each other without undue delay if they become aware of an actual or potential property rights violation or suspect a legal defect. In addition, they shall support each other free of charge to avoid or minimise any claims of third parties due to a viola- tion of rights or suspected defect of title. In case of a violation of rights or suspected defect of title, the Partner shall make suggestions without undue delay and implement them with the consent of Sono to ensure that, in particular by licensing or employing an alternative technical solution, future deliveries of the product will be free from any legal defects.
18.5 Sono supports and prefers the usage of FOSS components over proprietary software, if the FOSS Terms of Service allow for such usage. The Partner shall be obligated to fully disclose all required information including the licences of the FOSS components used, the versions, authors, sources, terms of service, etc. and to fully document all FOSS used directly in the context of their product. The Partner shall check and ensure FOSS forward and backward compatibility.
18.6 The Partner shall grant to Sono the non-exclusive, irrevocable, transferable, sublicensable right unrestricted in relation to region, period of time, and content, and paid for with the agreed-upon remuneration, to use and exploit in all forms of use, in particular to store, modify, process, and distribute, the Work Results obtained within the framework of the delivery commissioned.
Property Rights. 9.1 The Supplier shall be liable for all claims arising from a viola- tion of property rights or patent applications of a Third Party (hereinafter "Property Rights") in connection with the appro- priate use of a delivery item. This shall apply regardless of culpability.
9.2 Upon written request, the Supplier shall indemnify and hold harmless the Enterprise and its customers from and against any claims from a Third Party resulting from the violation of such Property Rights. Any licence fees that may be due shall be borne by the Supplier.
9.3 Paragraphs 9.1 and 9.2 shall not apply if the Supplier has manufactured the delivery item in accordance with drawings, models or similar descriptions or data provided by the En- terprise and was not able to recognize that the products de- veloped by him would violate any Property Rights.
9.4 The Parties agree to inform each other immediately after having gained knowledge of any risk of such a violation or of any alleged violation of Property Rights so that the appro- priate measures against liability claims may be taken.
Property Rights. 16.1 The supplier warrants that Röchling or cus- tomers of Röchling shall not infringe any in- tellectual property rights of third parties, in- cluding rights to trademarks, company names, use of names, patents, utility models, design patents, get-up, designs or copyrights of third parties (including corresponding pending property rights) (“Property Rights”) by purchasing, possessing, offering, using, processing or reselling the Parts in the sup- plier’s country of origin or in the Federal
16.2 Ziffer 16.1 findet keine Anwendung, wenn die Teile nach Zeichnungen, Modellen oder sonstigen detaillierten Angaben von Röchling gefertigt worden sind und dem Lie- feranten weder bekannt war noch bekannt sein musste, dass dadurch Schutzrechte Dritter verletzt werden.
16.3 Die Parteien sind verpflichtet, sich unver- züglich von bekannt werdenden Verlet- zungsrisiken und angeblichen Verletzungs- fällen zu unterrichten und werden im Rah- men des Zumutbaren entsprechenden Ver- letzungsansprüchen einvernehmlich entge- genwirken.
16.4 Die Verjährungsfrist für Ansprüche nach dieser Ziffer 16 beträgt fünf (5) Jahre ab dem Abschluss des entsprechenden Vertra- ges.
Property Rights. 13.1. The supplier agrees and undertakes to ensure that we have the non-exclusive, irrevocable, transferable, temporally and spatially unlimited right to use and distribute (also for our own or third party products and in particular also for the purpose of maintenance, repair or replacement procurement) the deliveries for the products to be delivered and services to be rendered by the supplier including the know-how contained therein as well as the documentation owed and the source and object code of any software (hereinafter collectively referred to as "deliveries"). The same applies to any of the supplier’s graphics, company labels, other business designations, brand and work titles contained in the deliveries.
13.2. This includes the right to modify, amend and extend the deliveries and to sell the products created thereby in a manner other than in the original version of the deliveries.
Property Rights. Any and all property rights, including without limita- tion copyrights to the user documentation, designs, cost estimates, drawings and similar information in tangible and intangible form, including in electronic form, shall remain Scansonic’s exclusive property, unless expressly otherwise stipulated in these Gen- eral Terms and Conditions.
Property Rights. The PLATFORM, including the web layout, source codes, software as well as the content available on the PLATFORM (e.g. videos, images, graphics, text and files) („PROTECTED CONTENT“) may be subject to pro- perty rights, (industrial) property rights (e.g. trade- mark and copyright) and other rights of INNOVESTMENT or the respective author, creator, producer or other rights holder who has provided such PROTECTED CONTENT. Unless otherwise expressly agreed or regulated by law, protected content may only be used in accordance with these GTC. Any complete or partial reproduction, modification, removal or redesign of protected content requires the prior written consent of the respective rights holder. The legal regulations on permitted use (e.g. reproduc- tion for private and other personal use within the meaning of the Copyright Act) remain unaffected.
Property Rights. 00.0.Xx is the Supplier’s responsibility to ensure that if the delivered goods are used in accordance with the provisions, no patents, licenses or other copyrights or protection rights inside the country or abroad are infringed. 15.2.The Supplier indemnifies us from any claims of third parties which nevertheless exist or arise. The statute of limitations is 10 years, calculated from the end of the contract. 15.3.The Supplier transfers to Nattermann & Cie. GmbH the exclusive, temporally unrestricted right to publication, distribution, reproduction, processing and other use of all ideas, concepts, drafts and designs produced by the Supplier and ordered by us. The rights granted above extend to all types of use, especially including print advertising such as multimedia applications (website, Print-On-Demand, e-book, online publishing). The transfer of rights in this provision expressly includes the right to further transfer to third parties. The Supplier is obligated to inform Xxxxxxxxxx & Cie. GmbH immediately of any inventions that are made. The Supplier is obligated to take all necessary steps to transfer the rights to Nattermann & Cie. GmbH. 15.4.The acquisition of the aforementioned rights is compensated with reimbursement according to the respective task.
Property Rights. 17.1 The Supplier warrants that in connection with delivery/performance, no third party rights are breached and delivery/performance is not subject to any third party rights.
17.2 In case the aforementioned rights do exist, the Supplier must pay for any damage caused to TT with regard to such third party rights irrespective of the Supplier's or TT's knowledge of such rights. The Supplier is further obliged to indemnify TT from third party claims arising out of intellectual property rights.
Property Rights. 1. We shall only be liable for claims arising from the infringement of industrial property rights and copyrights if the industrial property right or copyright is not or was not in the property of the purchaser or of a company in which the purchaser holds a direct or indirect majority of the capital or voting rights, the purchaser informs us immediately of any risks of infringement that become known to us and of any alleged cases of infringement and, at our request, leaves the conduct of legal disputes (also out of court) to us - insofar as possible - and, in the case of industrial property rights, at least one industrial property right from the family of industrial property rights has been published either by the European Patent Office or in one of the countries of the Federal Republic of Germany, France, Great Britain, Austria or the USA.
2. At our discretion, we are entitled to acquire a licence for the ( allegedly ) infringing product for the purchaser for the property right or copyright or to modify it in such a way that it no longer infringes the property right or copyright or to replace it with a similar product which no longer infringes the property right or copyright.
3. The liability pursuant to Section VI. 1. and 2. conclusively regulates the liability for the release of industrial property rights and copyrights and ends five years after delivery of the respective product. This shall not apply if the products were manufactured in accordance with the purchaser's specification or if the alleged infringement of the property right or copyright results from use in connection with another subject matter not originating from us or if the products are used in a manner which we could not have foreseen.