Non-Infringement Warranty definition

Non-Infringement Warranty is defined in Section 14.1.5(c).
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Examples of Non-Infringement Warranty in a sentence

  • As a covenant separate from the representation and warranty of non-infringement contained in Section entitled Non-Infringement Warranty, MPOWER will defend, hold harmless and indemnify Customer from any and all Claims brought against Customer by any third party arising from or related to Customer's use of MPOWER Release or MPOWER's Services subject to Section VIII, Customer Responsibilities provision as established herein and to Limitations of Liability as established in Section IX of the Master Agreement.

  • In addition, the Non-Infringement Warranty shall not apply to the claimed infringement of any right in which Customer or any subsidiary or affiliate of Customer has any ownership or interest (by license or otherwise) independent of their relationship hereunder.

  • Non-Infringement Warranty: TRANSBOTICS warrants to CUSTOMER that the TRANSBOTICS Hardware will not infringe or violate any copyright, trademark, patent, trade secret or other proprietary right of any third party legally recognized in the United States of America and that there is no actual or, to TRANSBOTICS’ knowledge, threatened suit by any third party based on an alleged infringement or violation of any such right by TRANSBOTICS of any component of the TRANSBOTICS Hardware.

  • Non-Infringement Warranty – Eide Bailly LLP represents and warrants to Customer that the Custom Work Product and any embedded software, when properly used as contemplated herein, will not infringe or misappropriate any United States copyright, trademark, patent, or other trade secrets of any third persons.

  • This Section and the indemnification provisions of 11 set forth Customer's sole remedy and Licensor's entire liability with respect to breach or alleged breach of the Non-Infringement Warranty.

  • Seller also represents and warrants to Buyer that the Product, as manufactured by Seller as of the date hereof, shall be manufactured in a manner that does not infringe any third party's intellectual property rights (the "Seller's Non-Infringement Warranty").

  • Vertafore shall defend, indemnify, and hold harmless Customer and its permitted assigns from and against any and all losses, liabilities, claims, damages, actions, suits, proceedings, settlements, judgments, costs and expenses (including without limitation reasonable attorney’s fees) arising out of or in connection with any third party claim for a breach by Vertafore of the Non-Infringement Warranty.

  • Non-Infringement Warranty – Onsharp represents and warrants to Customer that the Custom Work Product and any embedded software, when properly used as contemplated herein, will not infringe or misappropriate any United States copyright, trademark, patent, or other trade secrets of any third persons.

  • Seller shall bear the cost of any Recall if such Recall is a result of Seller's breach of its obligations under this Agreement, including any of Seller's Product Warranty or Seller's Non-Infringement Warranty; otherwise, Buyer shall be responsible for the cost of any Recall.

  • Upon expiration or termination of this Agreement Paragraphs 4 ("Payments and Taxes"), 5 ("Non-Infringement Warranty; Notice of Infringement"), 6 ("Limitation on Liability; Consequential Damages"), 7 ("Licenses"), 8 ("License Restrictions"), 9 ("Ownership"), 11 ("Confidential Information"), 12.6 ("Survival"), 13 ("Oversight Board; Arbitration") and 14 ("General Provisions") shall survive the expiration or earlier termination of this Agreement.

Related to Non-Infringement Warranty

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

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

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

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

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

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

  • Product Warranty has the meaning set forth in Section 9.3.

  • Improvement warranty means an applicant's unconditional warranty that the

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

  • Third Party Claims has the meaning set forth in Section 11.1.

  • Manufacturer’s Warranty means the warranty supplied from time to time by the manufacturer of the Goods as at the date of the acceptance of the Statement of Work; “PPSA” means the Personal Property Securities Xxx 0000; “Price” means the amount specified within each Statement of Work (subject to any Variation) or as otherwise specified from the Company to the Customer representing the cost for the Works; “Related Work” means any additional building, carpentry, painting, plastering, plumbing or other work or other trades that the Customer requires, which are not to be carried out by the Company; “Services” means the services provided by the Company to the Customer as part of the Works, which may include without limitation the installation of Goods; “Services Delay Charge” means the services delay charge (if any) set out in the Statement of Work; “Services Interruption Event” means any interruption to a Works caused by; a Force Majeure Event, the Customer’s failure to carry out or perform any obligation required of it under this agreement which in the sole opinion of the Company does or may cause a delay in the Works and any other matter which in the reasonable opinion of the Company will cause an interruption or delay in the performance of the Works; “Statement of Work” means the details outlining the provision of the Works, which statement can be delivered verbally or in writing (including email) and may include (where applicable) an estimate or quotation (as specifically expressed as the case) of costs; “Variation” means a change in the Statement of Work including the specifications, scope, time of supply, price or scale of the Works and such variation shall form part of this agreement; “Workmanship” means a good and high quality and standard of delivery in connection with the Services performed; “Works” means the supply of Goods and the provision of Services to the Customer as per each Statement of Work;

  • 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).

  • 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.

  • Competitive Infringement has the meaning set forth in Section 7.5.1.

  • 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.

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

  • Valid Patent Claim means a claim of the Licensed Patents that has not lapsed or become abandoned or been declared invalid or unenforceable by a court or agency of competent jurisdiction from which no appeal can be or is taken.

  • Tax Warranty means a representation or warranty in Sections 3.17 or 3.19.

  • Patent Right means: (a) an issued or granted patent, including any extension, supplemental protection certificate, registration, confirmation, reissue, reexamination, extension or restoration by existing or future extension or restoration mechanisms (including, without limitation, supplementary protection certificates or the equivalent thereof), or renewal thereof; (b) a pending patent application, including any continuation, divisional, continuation-in-part, substitute or provisional application thereof; and (c) all counterparts or foreign equivalents of any of the foregoing issued by or filed in any country or other jurisdiction.

  • Product Liability Claim means a Claim of a Third Party (other than a Claim arising out of use of the Product in a clinical trial) that (i) arises as a result of the use of the Product during the Term that results in personal injury or death or (ii) is in anticipation of or intended to prevent or forestall personal injury or death as a result of the use of the Product during the Term.

  • Third Party Claim Notice shall have the meaning set forth in Section 6.5(a).

  • Limited Warranty means the limited warranties and your coverage provided by IKO for your Shingles as expressly set out in this document, and are the only warranties being provided by IKO.

  • Licensed Patent means Stanford's rights in U.S. Patent Application, Serial Number , filed , any foreign patent application corresponding thereto, and any divisional, continuation, or reexamination application, extension, and each patent that issues or reissues from any of these patent applications. Any claim of an unexpired Licensed Patent is presumed to be valid unless it has been held to be invalid by a final judgment of a court of competent jurisdiction from which no appeal can be or is taken. “Licensed Patent” excludes any continuation-in-part (CIP) patent application or patent.

  • Breach of Contract means the failure of a Party to perform any of its obligations in accordance with this Contract, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach. If Contractor is debarred or suspended under §24-109-105, C.R.S. at any time during the term of this Contract, then such debarment or suspension shall constitute a breach.

  • 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.

  • Regents' Patent Rights means REGENTS' rights in (a) the patent and patent applications expressly identified in Appendix C and their foreign counterparts;