Intellectual Property Rights. 9.1. Visma Software International AS (org no 980858073) – or its licensors – is the sole owner of all intellectual property rights (“IPR”) to the Services. IPR includes but is not restricted to copyright, patents, trademarks, trade names, design and product design, source code, databases, business plans and know-how, whether registered or not. All documentation, including manuals, user guides and other written, electronic or non-electronic, accounts of how the Services are set up and used (“Documentation”) is considered part of the Services and is subject to the same restrictions. All copyright, trademarks, registered trademarks, product names, company names or logos mentioned in the Services or in connection with the Services are the property of their respective owners.
9.2. Visma claims no intellectual property rights or ownership of any kind for any Data owned by the Customer and transferred to the Services.
9.3. Where software from a third party is supplied by Visma as part of or in connection with the Services, the software is subject to the TOS unless separate or additional licensing conditions have been supplied with the software.
9.4. If the Customer infringes upon Visma’s or third party’s IPR or uses the Services in a manner not authorised by the TOS, the Customer shall, as a default minimum, pay a fee that is equivalent to the Subscription fees which Customer has paid for the Services during the past 5 years, or the equivalent of 5 year’s Subscription fees for his current licenses, whichever is greater, such without prejudice to the right to claim full compensation of damages or specific performance. The Customer acknowledges that Visma may suffer irreparable harm if its IPR is impaired or infringed, and that Visma or its licensors shall have the right to take all reasonable steps to protect its proprietary and commercial interests, including any remedy as may be available at law. The same shall apply if the Customer has, or has attempted to, acquire information or data to which it is not entitled according to the TOS.
9.5. This clause 9 also inures to the benefit of and is enforceable by Visma Software International AS. This clause 9.5 constitutes a third-party clause within the meaning of article 6:253 Dutch Civil Code.
Intellectual Property Rights. 11.1. ADFIL is and shall remain the owner of all Intellectual Property Rights in any Goods, Specifications and any and all written materials supplied in connection therewith (including any packaging) and shall have full title to such rights.
11.2. The Customer shall not do or authorise any third person to do any act which would or might damage or be inconsistent with ADFIL’s Intellectual Property Rights in relation to any Goods, Specifications and any and all written materials supplied in connection therewith (including any packaging) or to the goodwill associated therewith and, in particular, will not do or authorise the alteration, obliteration, covering up or incorporation of other marks (in whole or in part) on to any Goods. The Customer shall not use or authorise any third person to use the ADFIL NV & ADFIL LTD’s Intellectual Property Rights in relation to any Goods, Specifications and any and all written materials supplied in connection therewith (including any packaging) on any stationery, advertising, promotion or selling material other than as authorised by ADFIL in writing from time to time.
11.3. To the extent that any Goods are to be manufactured in accordance with specifications or any technical data supplied by the Customer (or material information and/or requirements contained or referred to in such specifications or technical data), the Customer shall indemnify and keep indemnified ADFIL
Intellectual Property Rights. The intellectual property rights of the Seller to everything that the Seller provides to the Buyer in the performance of the agreement, including in any case drawings, illustrations, calculations, de- signs, recipes, processes, models and domain names, shall remain with the Seller and may only be used by the Buyer for the performance of the agreement. At the end of the agreement, the relevant documents and information shall be returned or destroyed at the Seller's first request.
Intellectual Property Rights. 9.1 The Maker warrants to DPG Media that they own the full copyright to the Contribution and where necessary have the necessary permissions from third parties and that they are entitled to grant DPG Media the rights in accordance with the provisions of these Terms and Conditions.
9.2 In view of the provisions of Article 9.1, the Maker guarantees that, if they engage third parties and those third parties make a copyright-relevant contribution or are otherwise involved in (the creation of) the Contribution, they have all the relevant rights to be able to comply with the provisions of these Terms and Conditions.
9.3 If and insofar as the Maker makes use of (visual or other) material of third parties in or with the Contribution, the Maker must satisfy themselves and ensure that the third parties consent to the use of the (visual or other) material in or with the Contribution in accordance with these Terms and Conditions.
9.4 The rights granted to DPG Media in these Terms and Conditions include all the (visual and other) material supplied by the Maker, unless this originates from third parties and the Maker has indicated in writing when submitting the Contribution that they have only received permission from these third parties for certain specified forms of publication.
9.5 During the period that DPG Media has exclusive rights with respect to the Contribution, the Maker is not permitted to publish the same work or a virtually identical work independently or through a third party and/or to reproduce it, or to assist in this in any way, unless it has the prior written permission of DPG Media to do so. DPG Media will not withhold its consent on unreasonable grounds.
Intellectual Property Rights. The seller reserves the right to place its own name and trademark on the goods. The purchaser recognises that the intellectual property rights (copyright, patent rights, trademark rights, trade name rights etc.) relating to goods sold by the seller or other items provided by the seller, such as technical information sheets, advertising material etc., are vested in the seller, or in one of the companies of the group to which the seller belongs. The buyer will respect these rights and is obliged to conduct himself in accordance with the seller’s instructions with regard to these matters. If the buyer discovers that one or more third parties have infringed the intellectual property rights referred to in this clause, the buyer has an obligation to inform the seller immediately. The buyer is not permitted to use any trademark or other distinguishing mark belonging to the seller as, or as part of, an internet domain name or alphanumeric telephone number. The purchaser gives the seller permission to enter all information concerning the sale and other information provided by the purchaser in a database and to use the information in the database. All rights to this database are vested in the seller.
1. Complaints of any nature whatsoever do not defer the purchaser’s payment obligation, and complaints can only be made to the seller in writing within the time limits set out in this clause.
2. No complaint is allowed if the purchaser has processed or re-sold the goods, when a simple check on the part of the purchaser could have established the alleged defect. No complaint is allowed on the grounds of technically unavoidable differences in colour and properties.
3. Complaints relating to delivery shortfalls, incorrect appearance, weights or quantities, or complaints about packaging and the price charged can only be made within 48 hours of the delivery of the goods.
4. Complaints about the quality of the delivered goods may only be made within 14 days of the purchaser discovering that the goods are faulty, and in any case never more than six months after the delivery of the goods. If
a best-before date less than six months away is given on the packaging, any complaints must be submitted before that date.
5. The purchaser can only demonstrate that paint products supplied are faulty by submitting a report from the most appropriate section of the TNO (Netherlands Organisation for Applied Scientific Research); all other forms of evidence are ruled out. The cost of having th...
Intellectual Property Rights. 1. If and as far as is possible, in relation to the conferences, seminars, trade fairs, etc. as well as training courses delivered as part of the assignment (that it has developed and/or designed), Heliview Conferences & Training will reserve the intellectual property rights for models, samples, agreements, recommendations, ideas, brochures, etc. as well as any derivatives thereof, unless the parties have agreed otherwise in writing. If it is agreed between parties that the intellectual property rights of Heliview Conferences & Training transfer to the Other Party, which then has to take place in writing, the Other Party is not the owner until the time at which, in respect of the assignment, full payment has been made to Heliview Conferences & Training. In the event of a disagreement concerning this payment, the ownership remains with Heliview Conferences & Training.
2. The Other Party is expressly prohibited from duplicating, publishing, communicating to third parties or passing on for use in another way, the foregoing information and/or documents, which explicitly includes the list of participants, unless written consent has been received to this end from Heliview Conferences & Training. The Other Party is equally not permitted to remove or to alter any designation concerning intellectual property rights, which includes copyrights, rights concerning word marks or figurative marks or trade names, from the information, which includes any designations regarding the confidential nature and confidentiality of this information/documents. Any contravention of the provisions in this article will render the Other Party liable to pay Heliview Conferences & Training an immediately payable financial penalty of € 100,000.00 which is not susceptible to being discounted or offset, without prejudice to its right to claim damages for further loss.
3. The Other Party indemnifies Heliview Conferences & Training for third party claims based on infringement of the intellectual property rights ensuing from the information provided by the Other Party, brought against Heliview Conferences & Training.
a case is brought or if this is a possibility, Heliview Conferences & Training can replace or amend the concepts, training courses, programmes, etc. in a way that Heliview Conferences & Training deems appropriate.
4. Information given in catalogues, illustrations, drawings, brochures, etc., are merely an indication. The Other Party cannot derive any rights from this.
Intellectual Property Rights. 1. You may not make Pneuparts' work public or reproduce it unless Pneuparts gives you written permission to do so. Pneuparts has the copyright on all works created by or on behalf of it.
2. You remain the owner of the documents that you have given Pneuparts for inspection.
3. All intellectual property rights, including, but not limited to, copyrights, trademark rights and database rights, on the information, texts, images, logos, etc. belong to Pneuparts and/or its licensors. You may not infringe on this.
Intellectual Property Rights. 1. You may not make public or reproduce FHT's work unless FHT gives you written permission to do so. FHT has the copyright on all works created by or on behalf of it.
2. You remain the owner of the documents that you have provided to FHT for inspection.
3. All intellectual property rights, including, but not limited to, copyrights, trademark rights and database rights, on the information, texts, images, logos, etc. belong to FHT and/or its licensors. You may not infringe on this.
4. You authorize FHT to place names and advertisements on the work or work site and to take photographs and videos for commercial purposes.
Intellectual Property Rights. 11.1. ING en de Leverancier behouden ieder de intellectuele eigendomsrechten die door elk van hen voorafgaande aan, of onafhankelijk van, de Overeenkomst zijn gevestigd.
11.2. De Leverancier verleent ING hierbij een onherroepelijke, niet-exclusieve, wereldwijde en eeuwigdurende licentie tot gebruikmaking van het intellectuele eigendomsrecht op:
a. enig Product of enige Deliverable; en
b. andere materialen die betrekking hebben op een Product, Dienst of Deliverable, waaronder software, documentatie en gebruiksaanwijzingen om ING in staat te stellen om volledig gebruik te kunnen maken van de Producten, Diensten en Deliverables die door de Leverancier aan ING worden geleverd.
11.3. Indien Product(en) of Deliverable(s) specifiek voor ING worden ontwikkeld, draagt de Leverancier, indien mogelijk, hierbij alle intellectuele eigendomsrechten op deze Product(en) en Deliverable(s) over aan ING door middel van het aangaan van deze Overeenkomst.
11.4. In geval van een overdracht van intellectuele eigendomsrechten op de Product(en) of Deliverable(s) aan ING, ziet de Leverancier hierbij af van zijn recht om zich tegen een eventuele wijziging/aanpassing aan een dergelijk Product of Deliverable door ING te verzetten.
11.5. In geval van een overdracht van intellectuele eigendomsrechten op de Product(en) of Deliverable(s) aan ING, verleent de Leverancier onvoorwaardelijk en volledig zijn medewerking aan ING bij het doorlopen van de (wettelijke) procedures en het verrichten van alle handelingen die nodig zijn om een dergelijke overdracht te bewerkstelligen.
Intellectual Property Rights. 12.1. The (intellectual property) rights with regard to the Aanbestedingskalender, including the rights to texts, images, design, data files, photos, and other (still and/or moving) visual material, audio material, formats, software, brands (including the trade name Xxxxxxxxxxxxxxxxxxxxx.xx and the domain name www. xxxxxxxxxxxxxxxxxxxxx.xx),), and other materials, are vested in Aanbestedingskalender B.V.
12.2. The use of the figurative mark and logo of the Xxxxxxxxxxxxxxxxxxxxx.xx is only permitted after prior written consent has been obtained from Aanbestedingskalender B.V.
12.3. It is not allowed to reproduce, duplicate, copy, sell, resell or exploit the Aanbestedingskalender or the content of the same, or the services offered via Aanbestedingskalender B.V.
12.4. The (intellectual property) rights of the users in respect of documents, information or designs that are made available via Aanbestedingskalender B.V. shall remain the property of the users.
12.5. The user hereby grants Aanbestedingskalender B.V. a non- exclusive and unlimited user licence regarding the IP. The said licence is granted for an open term.
12.6. The parties agree that Aanbestedingskalender B.V. is and remains the beneficiary of the (intellectual property) rights that are established on the Data entered by the Users when using the Aanbestedingskalender B.V. or supplied for the benefit of the Aanbestedingskalender B.V.
12.7. To the extent that (intellectual property) rights are established on the Data, the parties agree that Aanbestedingskalender B.V. is and remains the beneficiary of any and all entered or supplied data and that the (rights to the) Data shall never be vested in the user.
12.8. An infringement of the said intellectual property rights results in an immediately claimable penalty for the benefit of Aanbestedingskalender B.V. of €20,000.00 per violation and an amount of €1,000.00 per day that the violation continues, without prejudice to the right of Aanbestedingskalender B.V. to, in addition, claim full damages.