Common use of INFRINGEMENT OF PATENT AND OTHER RIGHTS Clause in Contracts

INFRINGEMENT OF PATENT AND OTHER RIGHTS. 1. The Seller guarantees that there are no applicable patents, copyrights, rights or know-how of third parties that would be violated by the Buyer by using the Ordered Goods. 2. The Seller shall pay all costs and damages awarded against the Buyer based on the identified patent infringement, know-how, copyright and other rights of a third party through the use of the Goods delivered by the Seller, provided that the Buyer immediately informs the Seller about such claims and claims hence resulting. 3. In the event that the Goods are the subject of a claim or claims for infringement of intellectual property rights, the Seller shall obtain the right to use the Goods for the Buyer or modify or replace the Goods in the shortest possible period so that the infringement ceases. Modification or replacement of the Goods should never result in a reduction or reduction of the functionality or suitability of the Goods for specific purposes of the Buyer. If the Sellers fail to meet their obligations as set out herein, the Buyer shall be entitled to take such steps as it deems necessary to recover the total cost of the Goods from the Seller.