Infringement Exceptions definition

Infringement Exceptions means (i) any modification by MBUSA or its Affiliates of ***, which modification infringes, misappropriates or violates the Intellectual Property rights of a third Person, *** (ii) any combination by MBUSA or its Affiliates of ***, which combination infringes, misappropriates or violates the Intellectual Property rights of a third Person *** (iii) infringement, misappropriation or violation of any third-party’s Intellectual Property rights a proximate cause of which is ***.
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Infringement Exceptions means that the Party providing the particular representation, warranty, covenant or indemnity under the Agreement (the “Responsible Party”) shall have no obligation with respect to any claim under or with respect to such representation, warranty, covenant or indemnity to the extent such claim results from: (i) the other Party’s combinations of the Responsible Party’s work product, Equipment or Materials with items not provided, specified or reasonably anticipated by the Responsible Party where such combination was not within the reasonable contemplation of the Parties given the intended use of the item; (ii) unauthorized modifications of Equipment or Materials made by or on behalf of the Responsible Party; (iii) the Responsible Party’s compliance with specifications or directions (including with respect to Materials or processes) provided by or on behalf of the other Party to the extent such specifications or directions are required to be followed, unless and to the extent the Responsible Party had knowledge of the infringement or misappropriation associated with compliance with such specifications or directions and failed to disclose it to the other Party; (iv) third party Equipment or Third Party Materials, except to the extent that such infringement or misappropriation arises from the failure of the Responsible Party to obtain the necessary rights or licenses or Required Consents for which such Responsible Party is responsible under the Agreement or to abide by the limitations of the applicable third party Equipment or Third Party Materials licenses of which such Responsible Party received reasonable prior notification; or (v) use of Equipment or Materials in other than their specified operating environment where such use was not within the reasonable contemplation of the Parties; (vi) the distribution, operation or use of Software or materials for the benefit of a third party outside of the other Party’s enterprise where such distribution, operation or use was not within the reasonable contemplation of the Parties; provided however, the Responsible Party will pass through to the other Party any representations, warranties, covenants and indemnities permitted under any applicable third party agreement.
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Infringement Exceptions means that Proginet shall have no obligation with respect to any claim under, or with respect to, any representation, warranty, covenant or indemnity to the extent such claim results from: (i) Beta’s combination of the Secur-Line Products with items not provided, specified or used by Proginet in combination with the Secur-Line Products immediately prior to the Effective Date; (ii) enhancements, modifications or derivative works of Secur-Line Products not made by Proginet after the Effective Date; (iii) use of the Secur-Line Products in other than the same or substantially similar Operating Environment used by Proginet immediately prior to the Effective Date; or (iv) the distribution, operation or use of the Secur-Line Products for the benefit of a third party other than pursuant to a Secur-Line Agreement.
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Examples of Infringement Exceptions in a sentence

  • HTI covenants that, except with regard to the Infringement Exceptions, neither the HTI System, nor any component thereof, nor any of the Telematics Services or Approved Other Telematics Services provided by HTI, nor the use of any of the foregoing (other than as results from any infringement a proximate cause of which was either the installation of Other Telematics Communicators or the use of LCT Communicators), will infringe, misappropriate or violate any third party Intellectual Property right ***.

  • Parker, Pat- ent Infringement Exceptions for Life Science Research, 16 HOUS.

  • For the avoidance of doubt, the foregoing obligations of Service Insight shall not apply with respect to Infringement Exceptions.

  • Infringement Exceptions Have a Place in Patent LawIn order to ensure that infringement litigation provides an adequate balance between the patent holder’s rights and the rights of innocent farmers, a statutory provision must be enacted by Congress that would limit the level of liability farmers would face in a legal battle.


More Definitions of Infringement Exceptions

Infringement Exceptions means (x) the use of the Products or Services in combination with any products, materials, or equipment not supplied, approved, or recommended by Manufacturer if the infringement, violation, or misappropriation would have been avoided by the use of the Products or Services not so combined, or (y) unauthorized modifications to the Products or Services by or on behalf of any person other than Manufacturer or its Personnel or those working at their direction or on their behalf, if the infringement, violation, or misappropriation would have been avoided without such modification.
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Related to Infringement Exceptions

  • Infringement Claim has the meaning set forth in Section 8.2(a).

  • Infringement has the meaning set forth in Section 6.3(a).

  • Product Infringement has the meaning set forth in Section 9.4(a).

  • Third Party Infringement Claim has the meaning set forth in Section 23.5.1.

  • Third Party Infringement has the meaning set forth in Section 5.1.

  • Intellectual Property Claim means the assertion by any Person of a claim (whether asserted in writing, by action, suit or proceeding or otherwise) that any Borrower’s ownership, use, marketing, sale or distribution of any Inventory, Equipment, Intellectual Property or other property or asset is violative of any ownership of or right to use any Intellectual Property of such Person.

  • Assigned Patent Rights means all of the following, whether now owned or hereafter acquired or arising:

  • Infringement Action has the meaning set forth in Section 9.6(b).

  • Third Party Intellectual Property Rights means any Intellectual Property owned by a third party.

  • infringement notice has the meaning set forth in Section 7.4.1;

  • Transferred Intellectual Property Rights means (a) the Transferred Patents, (b) the Transferred Copyrights, (c) the Transferred Internet Properties, (d) the Transferred Industrial Designs, (e) The Transferred Database Rights,(f) the Transferred Mask Work Rights, (g) the Transferred Trade Secrets, and (h) the Transferred Trademarks.

  • Company Patents means Patents owned by the Company or used or held for use by the Company in the Business.

  • Patent Rights means all patents and patent applications, including all divisionals, continuations, substitutions, continuations-in-part, re-examinations, reissues, additions, renewals, extensions, registrations, and supplemental protection certificates and the like of any of the foregoing.

  • Existing Patents has the meaning set forth in Section 10.2.1.

  • Licensed Patent Rights means: (a) Patent applications (including provisional patent applications and PCT patent applications) or patents listed in Appendix A, all divisions and continuations of these applications, all patents issuing from these applications, divisions, and continuations, and any reissues, reexaminations, and extensions of these patents; (b) to the extent that the following contain one or more claims directed to the invention or inventions disclosed in 2.9(a): (i) continuations-in-part of 2.9(a); (ii) all divisions and continuations of these continuations-in-part; (iii) all patents issuing from these continuations-in-part, divisions, and continuations; (iv) priority patent application(s) of 2.9(a); and (v) any reissues, reexaminations, and extensions of these patents; (c) to the extent that the following contain one or more claims directed to the invention or inventions disclosed in 2.9(a): all counterpart foreign and U.S. patent applications and patents to 2.9(a) and 2.9(b), including those listed in Appendix A; and (d) Licensed Patent Rights shall not include 2.9(b) or 2.9(c) to the extent that they contain one or more claims directed to new matter which is not the subject matter disclosed in 2.9(a).

  • Licensee Patents means any Patents within the Control of Licensee as of the Effective Date and at any time during the Term relating to the Product.

  • Program Patent Rights means any Patent Rights that contain one or more claims that cover Program Inventions.

  • Third Party Intellectual Property means the Intellectual Property Rights of a third party which Supplier uses or incorporates into the Work.

  • Licensed Intellectual Property Rights means any Intellectual Property Rights owned by a third party that a Person has a right to use, exploit or practice by virtue of a license grant, immunity from Legal Action or otherwise.

  • Third Party IP means the Intellectual Property Rights of any third party that is not a party to this Contract, and that is not a Subcontractor.

  • Assigned Patents means all Patents issued to, or for which applications are pending in the name of, Holdings or any of its Subsidiaries and (a) assigned to IP Hold-Co in accordance with the Patent Assignment Agreement, including without limitation any Patents described on Schedule 5.17(a) or that are thereafter acquired by, or filed in the name of, Holdings or any of its Subsidiaries, including Patents that are the subject of Section 6.18.

  • Transferred Patents means those Patents identified on Schedule 1.01(g).

  • Third Party IP Claim has the meaning given to it in clause E8.7 (Intellectual Property Rights).

  • Collaboration Patent Rights means Patent Rights claiming Collaboration Know-How.

  • Licensed Patents means (a) all United States patents and patent applications listed in Exhibit A, as modified pursuant to Section 2.6.1, including patents arising from such patent applications; and (b) any re-examination certificates thereof, and their foreign counterparts and extensions, continuations, divisionals, and re-issue applications; provided that “Licensed Patents” will not include any claim of a patent or patent application covering any Manufacturing Technology.

  • Program Patents has the meaning set forth in Section 7.1.2.