IP Claim definition

IP Claim means a Claim made against you by a third party alleging that the Stripe Technology, Services or a Stripe Mark provided to and used by you in accordance with this Agreement infringes or misappropriates the IP Rights of the third party making the Claim, excluding Claims made by Connected Accounts.

IP Claim means any suit, cause of action, or other legal proceeding filed/brought against Company by a third party in the courts of law, equity, or otherwise ONLY in the Territory, that asserts that Software licensed hereunder directly infringes any patent, copyright, and/or trademark of such third party.

IP Claim means any claim, demand, dispute, lawsuit, arbitration, opposition, interference, cancellation or other adversarial proceeding concerning alleged Infringement respecting the validity, registrability, enforceability, ownership or Use of Intellectual Property.

Examples of IP Claim in a sentence

• If there is a Third-Party IP Claim or if IFS in IFS’ reasonable opinion such claim is likely to be made, IFS may, at its option and expense, elect to (i) procure for Customer the right to continue using the relevant portion of the Application Software or (ii) replace or modify such portion so that it no longer infringes, but without prejudicing its functionality.

• This sets forth Customer’s sole remedy with respect to any Third-Party IP Claim.

• Without prejudice to any right or remedy, the Participating Agency may terminate this Participating Agency Agreement if the Service Provider is unable to remedy the IP Claim in accordance with this clause 15.8 within two months of the Participating Agency's request.

• Without prejudice to any right or remedy, the Lead Agency may terminate this Lead Agency Agreement if the Service Provider is unable to remedy the IP Claim in accordance with this clause 16.8 within two months of the Lead Agency's request.

More Definitions of IP Claim

IP Claim means a claim brought by a third party alleging that the Qlik Products, as delivered by Qlik and used as authorized under this Agreement, infringes upon any third- party copyright, trademark or a patent.

IP Claim shall have the meaning set forth in Section 11.

IP Claim as defined in clause 13.1.1

IP Claim means a Claim involving or relating to a breach of any IP Warranty or under the IP Indemnity;

IP Claim means any suit, cause of action, or other legal proceeding filed/brought against Company by a third party in the courts of law, equity, or otherwise ONLY in the Territory, that asserts that Company’s use of a Cloud Service (or component parts thereof, but not Open Source Software) provided hereunder directly infringes any patent, copyright, or trademark of such third party, or makes unlawful use of a trade secret of such third party; provided, however, the term IP Claim will not include and Trend Micro will have no obligation hereunder unless each and every third party allegation or assertion is specifically made against such Cloud Service alone. In addition, the term IP Claim will not include, and Trend Micro will have no obligation under Section 10 or otherwise with respect to, any suit, claim, cause of action, or other legal proceeding arising out of, based on, or related to the following: (a) any use of Cloud Service by Company that is NOT in accordance with these Terms of Service, its Service Description, or Applicable Laws; (b) Company Data and/or other materials that Company provides or makes available in connection with its use of Cloud Service; (c) any redistribution of Cloud Service, or use of Cloud Service for the benefit of any third party not specifically permitted herein; (d) any use of a version of any Enabling Software that has been superseded and made available to Company, if the IP Claim would have been avoided by using an unaltered current version of such Enabling Software; (e) any Open Source Software; or (f) any third party allegation or assertion made against a Cloud Service (or any output thereof) that involves use of such Cloud Service by Company in combination with any other software, service, business process, or technology not provided by Trend Micro or not specified as being required by the applicable Service Description where the IP Claim would not have arisen or would have been avoided but for such combination.

IP Claim shall have the meaning set forth in Section 4.2(a).

IP Claim means a claim by a third party against Licensee or its Affiliates that the Software, as delivered by VoidLabs, infringes a third party copyright or trademark, infringes a patent issued by the United States, Canada, Australia, Japan, Switzerland, Singapore, Hong Kong, India, or any member country of the European Economic Area, or misappropriates a third party trade secret.