No Licenses. 28.13.1 Nothing in this Agreement shall be construed as the grant of a license with respect to any patent, copyright, trademark, trade name, trade secret or any other proprietary or intellectual property now or hereafter owned, controlled or licensable by either Party. Neither Party may use any patent, copyrightable materials, trademark, trade name, trade secret or other intellectual property right of the other Party except in accordance with the terms of a separate license agreement between the Parties granting such rights.
28.13.2 Except as may be required under Section 28.13.4 hereof, neither Party shall have any obligation to defend, indemnify or hold harmless, or acquire any license or right for the benefit of, or owe any other obligation or have any liability to, the other Party or its Customers based on or arising from any claim, demand, or proceeding by any third party alleging or asserting that the use of any circuit, apparatus, or system, or the use of any software, or the performance of any service or method, or the provision of any facilities by either Party under this Agreement, alone or in combination with that of the other Party, constitutes direct, vicarious or contributory infringement or inducement to infringe, misuse or misappropriation of any patent, copyright, trademark, trade secret, or any other proprietary or intellectual property right of any Party or third party. Each Party, however, shall offer to the other reasonable cooperation and assistance in the defense of any such claim.
28.13.3 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE PARTIES AGREE THAT NEITHER PARTY HAS MADE, AND THAT THERE DOES NOT EXIST, ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE USE BY EACH PARTY OF THE OTHER’S FACILITIES, ARRANGEMENTS, OR SERVICES PROVIDED UNDER THIS AGREEMENT SHALL NOT GIVE RISE TO A CLAIM OF INFRINGEMENT, MISUSE, OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY RIGHT.
28.13.4 Level 3 agrees that the rights granted by BA hereunder shall, where applicable, be subject to the restrictions, if any, contained in any current software license agreements between BA and BA's software vendors. If BA asserts any such restrictions, BA shall provide written notice thereof to Xxxxx 0, and upon receipt of written request by Level 3, BA shall provide a copy of the applicable restrictive provisions in the subject license agreement(s), except to the extent that BA is prohibited from doing so by a confidentiality obligation; provided, however, that i...
No Licenses. Except as expressly provided in ARTICLE 9 hereof, no right or license, either express or implied, is granted under any intellectual property right or by virtue of the disclosure of Confidential Information under this Agreement, or otherwise.
No Licenses. Each Party shall retain all right, title and interest to that Party’s Confidential Information. No license under any trademark, patent or copyright, or application for same which are now or hereafter may be obtained by such Party is either granted or implied by the disclosure of Confidential Information.
No Licenses. We grant to you only the rights and licenses expressly stated in this Agreement, and you receive no other rights or licenses with respect to us, the Meticulosity Products, our trademarks, or any other property or right of ours.
No Licenses. Unless expressly provided for under this Agreement or any Related Instrument, no title, right or license of any kind is granted to Purchaser pursuant to this Agreement with respect to any Intellectual Property of Seller, either directly or indirectly, by implication, by estoppel or otherwise.
No Licenses. Unless otherwise expressly provided for in this Agreement, no licenses to any technology, trademarks, or any other item containing the intellectual property rights of a party or any third party are granted by virtue of this Agreement.
No Licenses. Unless expressly set forth in the Intellectual Property Agreement or the Supply Agreement, no title, right or license of any kind is granted to Buyer pursuant to this Agreement with respect to Seller's or any of its Affiliate's Proprietary Information, either directly or indirectly, by implication, by estoppel or otherwise.
No Licenses. Except as expressly provided in Section 12 hereof, no right or license, either express or implied, is granted under any Intellectual Property Right or by virtue of the disclosure of Confidential Information under this Agreement, or otherwise. The Parties agree that each Party has and will retain sole and exclusive rights of ownership in and to any Confidential Information of such Party.
No Licenses. The provision of the Services by GIA does not convey any license, expressly or by implication, estoppel or otherwise, under any GIA patent, copyright, trademark, or other intellectual property right. GIA expressly reserves all its intellectual property rights. You agree not to misuse, in the judgment of GIA, any trade name, trademark, or service xxxx of GIA or the Gemological Institute of America. Although GIA is not hereby authorizing or licensing any use of any trade name, trademark, or service xxxx, GIA shall not consider misuse to include "fair use" in advertising, e.g., stating that you sell gems that have been graded by GIA and that the Reports for such gems describe the gems' characteristics, so long as that advertising is not deceptive, misleading, does not violate any applicable law, and does not violate the terms and conditions of GIA's then-current Usage Guidelines as set forth on GIA's website at xxxxx://xxx.xxx.xxx/Copyrights-Trademarks#using and those Usage Guidelines are incorporated into these Terms and Conditions by this reference. Misuse includes, without limitation, advertising, publicity, or promotion which implies, in any way, that you, your gems, products, or services are sold, sponsored, endorsed, or approved by GIA, or which expresses or implies that a GIA Report or any Service Result is anything other than an independent description of certain characteristics of a specific Article. You hereby acknowledge and agree that you have (i) been provided a copy of or access to the Usage Guidelines, (ii) read and understand the Usage Guidelines, and (iii) agree to be bound by the Usage Guidelines.
No Licenses. Pulse Technologies acknowledges and agrees that nothing in this Agreement grants, or shall be deemed or interpreted to grant, to Pulse Technologies any right, title, or interest in or to any Intellectual Property reflected, contained, or incorporated in, or practice under, as part of or in the process of manufacturing and delivery of the Product (collectively, the “Product IP”).